(a) General. The requirements of this part apply to nonconstruction
(supply and service) contractors. The regulations prescribe the
contents of affirmative action programs, standards and procedures for
evaluating the compliance of affirmative action programs implemented
pursuant to this part, and related matters.
(b) Who must develop affirmative action programs.
(1) Each nonconstruction contractor must develop and maintain a
written affirmative action program for each of its establishments if it
has 50 or more employees and:
(i) Has a contract of $50,000 or more; or
(ii) Has Government bills of lading which in any 12-month period,
total or can reasonably be expected to total $50,000 or more; or
(iii) Serves as a depository of Government funds in any amount; or
(iv) Is a financial institution which is an issuing and paying
agent for U.S. savings bonds and savings notes in any amount.
(2) Each contractor and subcontractor must require each
nonconstruction subcontractor to develop and maintain a written
affirmative action program for each of its establishments if it has 50
or more employees and:
(i) Has a subcontract of $50,000 or more; or
(ii) Has Government bills of lading which in any 12-month period,
total or can reasonably be expected to total $50,000 or more; or
(iii) Serves as a depository of Government funds in any amount; or
(iv) Is a financial institution which is an issuing and paying
agent for U.S. savings bonds and savings notes in any amount.
(c) When affirmative action programs must be developed. The
affirmative action programs required under paragraph (b) of this
section must be developed within 120 days from the commencement of a
contract and must be updated annually.
(d) Who is included in affirmative action programs. Contractors
subject to the affirmative action program requirements must develop and
maintain a written affirmative action program for each of their
establishments. Each employee in the contractor's workforce must be
included in an affirmative action program. Each employee must be
included in the affirmative action program of the establishment at
which he or she works, except that:
(1) Employees who work at establishments other than that of the
manager to whom they report, must be included in the affirmative action
program of their manager.
(2) Employees who work at an establishment where the contractor
employs fewer than 50 employees, may be included under any of the
following three options: In an affirmative action program which covers
just that establishment; in the affirmative action program which covers
the location of the personnel function which supports the
establishment; or, in the affirmative action program which covers the
location of the official to whom they report.
(3) Employees for whom selection decisions are made at a higher
level establishment within the organization must be included in the
affirmative action program of the establishment where the selection
decision is made.
(4) If a contractor wishes to establish an affirmative action
program other than by establishment, the contractor may reach agreement
with OFCCP on the development and use of affirmative action programs
based on functional or business units. The Deputy Assistant Secretary,
or his or her designee, must approve such agreements. Agreements
allowing the use of functional or business unit affirmative action
programs cannot be construed to limit or restrict how the OFCCP
structures its compliance evaluations.
(e) How to identify employees included in affirmative action
programs other than where they are located. If pursuant to paragraphs
(d)(1) through (3) of this section employees are included in an
affirmative action program for an establishment other than the one in
which the employees are located, the organizational profile and job
group analysis of the affirmative action program in which the employees
are included must be annotated to identify the actual location of such
employees. If the establishment at which the employees actually are
located maintains an affirmative action program, the organizational
profile and job group analysis of that program must be annotated to
identify the program in which the employees are included.
