(a) The equal opportunity clause published at 41 CFR 60-1.4(a) of
this chapter is required to be included in, and is part of, all
nonexempt Federal contracts and subcontracts, including construction
contracts and subcontracts. The equal opportunity clause published at 41
CFR 60-1.4(b) is required to be included in, and is a part of, all
nonexempt federally assisted construction contracts and subcontracts. In
addition to the clauses described above, all Federal contracting
officers, all applicants and all nonconstruction contractors, as
applicable, shall include the specifications set forth in this section
in all Federal and federally assisted construction contracts in excess
of $10,000 to be performed in geographical areas designated by the
Director pursuant to Sec. 60-4.6 of this part and in construction
subcontracts in excess of $10,000 necessary in whole or in part to the
performance of nonconstruction Federal contracts and subcontracts
covered under the Executive order.
Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246)
1. As used in these specifications:
a. ``Covered area'' means the geographical area described in the
solicitation from which this contract resulted;
b. ``Director'' means Director, Office of Federal Contract
Compliance Programs, United States Department of Labor, or any person to
whom the Director delegates authority;
c. ``Employer identification number'' means the Federal Social
Security number used on the Employer's Quarterly Federal Tax Return,
U.S. Treasury Department Form 941.
d. ``Minority'' includes:
(i) Black (all persons having origins in any of the Black African
racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central
or South American or other Spanish Culture or origin, regardless of
race);
(iii) Asian and Pacific Islander (all persons having origins in any
of the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins
in any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation or
community identification).
2. Whenever the Contractor, or any Subcontractor at any tier,
subcontracts a portion of the work involving any construction trade, it
shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the Notice which contains the
applicable goals for minority and female participation and which is set
forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in
a Hometown Plan approved by the U.S. Department of Labor in the covered
area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and
timetables) shall be in accordance with that Plan for those trades which
have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor participating
in an approved Plan is individually required to comply with its
obligations under the EEO clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any
covered Contractor's or Subcontractor's failure to take good faith
efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action
standards provided in paragraphs 7 a through p of these specifications.
The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment
and training of minority and female utilization the Contractor should
reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered Construction contractors
performing construction work in geographical areas where they do not
have a Federal or federally assisted constuction contract shall apply
the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in
the Federal Register in notice form, and such notices may be obtained
from any Office of Federal Contract Compliance Programs office or from
Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft
during the period specified.
5. Neither the provisions of any collective bargaining agreement,
nor the failure by a union with whom the Contractor has a collective
bargaining agreement, to refer either minorities or women shall excuse
the Contractor's obligations under these specifications, Executive Order
11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and
trainees to be counted in meeting the goals, such apprentices and
trainees must be employed by the Contractor during the training period,
and the Contractor must have made a commitment to employ the apprentices
and trainees at the completion of their training, subject to the
availability of employment opportunities. Trainees must be trained
pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure
equal employment opportunity. The evaluation of the Contractor's
compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document
these efforts fully, and shall implement affirmative action steps at
least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which
the Contractor's employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of
and carry out the Contractor's obligation to maintain such a working
environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and female
recruitment sources and to community organizations when the Contractor
or its unions have employment opportunities available, and maintain a
record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-the-street applicant and
minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to each
such individual. If such individual was sent to the union hiring hall
for referral and was not referred back to the Contractor by the union
or, if referred, not employed by the Contractor, this shall be
documented in the file with the reason therefor, along with whatever
additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the
union or unions with which the Contractor has a collective bargaining
agreement has not referred to the Contractor a minority person or woman
sent by the Contractor, or when the Contractor has other information
that the union referral process has impeded the Contractor's efforts to
meet its obligations.
e. Develop on-the-job training opportunities and/or participate in
training programs for the area which expressly include minorities and
women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment needs, especially those
programs funded or approved by the Department of Labor. The Contractor
shall provide notice of these programs to the sources compiled under 7b
above.
f. Disseminate the Contractor's EEO policy by providing notice of
the policy to unions and training programs and requesting their
cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newpaper, annual report,
etc.; by specific review of the policy with all management personnel and
with all minority and female employees at least once a year; and by
posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and
affirmative action obligations under these specifications with all
employees having any responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of
these items with onsite supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying
the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including
it in any advertising in the news media, specifically including minority
and female news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and
Subcontractors with whom the Contractor does or anticipates doing
business.
i. Direct its recruitment efforts, both oral and written, to
minority, female and community organizations, to schools with minority
and female students and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment
source, the Contractor shall send written notification to organizations
such as the above, describing the openings, screening procedures, and
tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after school,
summer and vacation employment to minority and female youth both on the
site and in other areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there
is an obligation to do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least
of all minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work
assignments and other personnel practices, do not have a discriminatory
effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor's
obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are
nonsegregated except that separate or single-user toilet and necessary
changing facilities shall be provided to assure privacy between the
sexes.
o. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors'
adherence to and performance under the Contractor's EEO policies and
affirmative action obligations.
8. Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of their affirmative
action obligations (7a through p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other
similar group of which the contractor is a member and participant, may
be asserted as fulfilling any one or more of its obligations under 7a
through p of these Specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group
has a positive impact on the employment of minorities and women in the
industry, ensures that the concrete benefits of the program are
reflected in the Contractor's minority and female workforce
participation, makes a good faith effort to meet its individual goals
and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor's and
failure of such a group to fulfill an obligation shall not be a defense
for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women
have been established. The Contractor, however, is required to provide
equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and
non-minority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved
its goals for women generally, the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or
affirmative action standards to discriminate against any person because
of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any
person or firm debarred from Government contracts pursuant to Executive
Order 11246.
12. The Contractor shall carry out such sanctions and penalties for
violation of these specifications and of the Equal Opportunity Clause,
including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any Contractor who fails to carry
out such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these
specifications, shall implement specific affirmative action steps, at
least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply
with the requirements of the Executive Order, the implementing
regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor
all employment related activity to ensure that the company EEO policy is
being carried out, to submit reports relating to the provisions hereof
as may be required by the Government and to keep records. Records shall
at least include for each employee the name, address, telephone numbers,
construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be maintained
in an easily understandable and retrievable form; however, to the degree
that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon
the application of other laws which establish different standards of
compliance or upon the application of requirements for the hiring of
local or other area residents (e.g., those under the Public Works
Employment Act of 1977 and the Community Development Block Grant
Program).
(b) The notice set forth in 41 CFR 60-4.2 and the specifications set
forth in 41 CFR 60-4.3 replace the New Form for Federal Equal Employment
Opportunity Bid Conditions for Federal and Federally Assisted
Construction published at 41 FR 32482 and commonly known as the Model
Federal EEO Bid Conditions, and the New Form shall not be used after the
regulations in 41 CFR Part 60-4 become effective.
[43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978, as amended at 45
FR 65978, Oct. 3, 1980]
