Administering agency means any department, agency and establishment
in the executive branch of the Government, including any wholly owned
Government corporation, which administers a program involving federally
assisted construction contracts.
Administrative law judge means an administrative law judge appointed
as provided in 5 U.S.C. 3105 and Subpart B of Part 930 of Title 5 of the
Code of Federal Regulations (see 37 FR 16787) and qualified to preside
at hearings under 5 U.S.C. 557.
Agency means any contracting or any administering agency of the
Government.
Applicant means an applicant for Federal assistance involving a
construction contract, or other participant in a program involving a
construction contract as determined by regulation of an administering
agency. The term also includes such persons after they become recipients
of such Federal assistance.
Compliance evaluation means any one or combination of actions OFCCP
may take to examine a Federal contractor or subcontractor's compliance
with one or more of the requirements of Executive Order 11246.
Construction work means the construction, rehabilitation,
alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including
facilities providing utility services. The term also includes the
supervision, inspection, and other onsite functions incidental to the
actual construction.
Contract means any Government contract or subcontract or any
federally assisted construction contract or subcontract.
Contracting agency means any department, agency, establishment, or
instrumentality in the executive branch of the Government, including any
wholly owned Government corporation, which enters into contracts.
Contractor means, unless otherwise indicated, a prime contractor or
subcontractor.
Deputy Assistant Secretary means the Deputy Assistant Secretary for
Federal Contract Compliance, United States Department of Labor, or his
or her designee.
Equal opportunity clause means the contract provisions set forth in
Sec. 60-1.4 (a) or (b), as appropriate.
Federally assisted construction contract means any agreement or
modification thereof between any applicant and a person for construction
work which is paid for in whole or in part with funds obtained from the
Government or borrowed on the credit of the Government pursuant to any
Federal program involving a grant, contract, loan, insurance, or
guarantee, or undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, or any application or
modification thereof approved by the Government for a grant, contract,
loan, insurance, or guarantee under which the applicant itself
participates in the construction work.
Government means the government of the United States of America.
Government contract means any agreement or modification thereof
between any contracting agency and any person for the purchase, sale or
use of personal property or nonpersonal services. The term ``personal
property,'' as used in this section, includes supplies, and contracts
for the use of real property (such as lease arrangements), unless the
contract for the use of real property itself constitutes real property
(such as easements). The term ``nonpersonal services'' as used in this
section includes, but is not limited to, the following services:
Utilities, construction, transportation, research, insurance, and
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fund depository. The term Government contract does not include:
(1) Agreements in which the parties stand in the relationship of
employer and employee; and
(2) Federally assisted construction contracts.
Internet Applicant. (1) Internet Applicant means any individual as
to whom the following four criteria are satisfied:
(i) The individual submits an expression of interest in employment
through the Internet or related electronic data technologies;
(ii) The contractor considers the individual for employment in a
particular position;
(iii) The individual's expression of interest indicates the
individual possesses the basic qualifications for the position; and,
(iv) The individual at no point in the contractor's selection
process prior to receiving an offer of employment from the contractor,
removes himself or herself from further consideration or otherwise
indicates that he or she is no longer interested in the position.
(2) For purposes of paragraph (1)(i) of this definition, ``submits
an expression of interest in employment through the Internet or related
electronic data technologies,'' includes all expressions of interest,
regardless of the means or manner in which the expression of interest is
made, if the contractor considers expressions of interest made through
the Internet or related electronic data technologies in the recruiting
or selection processes for that particular position.
(i) Example A: Contractor A posts on its web site an opening for a
Mechanical Engineer position and encourages potential applicants to
complete an on-line profile if they are interested in being considered
for that position. The web site also advises potential applicants that
they can send a hard copy resume to the HR Manager with a cover letter
identifying the position for which they would like to be considered.
Because Contractor A considers both Internet and traditional expressions
of interest for the Mechanical Engineer position, both the individuals
who completed a personal profile and those who sent a paper resume and
cover letter to Contractor A meet this part of the definition of
Internet Applicant for this position.
(ii) Example B: Contractor B posts on its web site an opening for
the Accountant II position and encourages potential applicants to
complete an on-line profile if they are interested in being considered
for that position. Contractor B also receives a large number of
unsolicited paper resumes in the mail each year. Contractor B scans
these paper resumes into an internal resume database that also includes
all the on-line profiles that individuals completed for various jobs
(including possibly for the Accountant II position) throughout the year.
To find potential applicants for the Accountant II position, Contractor
B searches the internal resume database for individuals who have the
basic qualifications for the Accountant II position. Because Contractor
B considers both Internet and traditional expressions of interest for
the Accountant II position, both the individuals who completed a
personal profile and those who sent a paper resume and cover letter to
the employer meet this part of the definition of Internet Applicant for
this position.
(iii) Example C: Contractor C advertises for Mechanics in a local
newspaper and instructs interested candidates to mail their resumes to
the employer's address. Walk-in applications also are permitted.
Contractor C considers only paper resumes and application forms for the
Mechanic position, therefore no individual meets this part of the
definition of an Internet Applicant for this position.
(3) For purposes of paragraph (1)(ii) of this definition,
``considers the individual for employment in a particular position,''
means that the contractor assesses the substantive information provided
in the expression of interest with respect to any qualifications
involved with a particular position. A contractor may establish a
protocol under which it refrains from considering expressions of
interest that are not submitted in accordance with standard procedures
the contractor establishes. Likewise, a contractor may establish a
protocol under which it refrains from considering expressions of
interest, such as unsolicited resumes, that are not submitted with
respect to a particular position. If there are a large number of
expressions of interest, the contractor does not ``consider the
individual for employment in a particular position'' by using data
management techniques that do not depend on assessment of
qualifications, such as random sampling or absolute numerical limits, to
reduce the number of expressions of interest to be considered,
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provided that the sample is appropriate in terms of the pool of those
submitting expressions of interest.
(4) For purposes of paragraph (1)(iii) of this definition, ``basic
qualifications'' means qualifications--
(i)(A) That the contractor advertises (e.g., posts on its web site a
description of the job and the qualifications involved) to potential
applicants that they must possess in order to be considered for the
position, or
(B) For which the contractor establishes criteria in advance by
making and maintaining a record of such qualifications for the position
prior to considering any expression of interest for that particular
position if the contractor does not advertise for the position but
instead uses an alternative device to find individuals for consideration
(e.g., through an external resume database), and
(ii) That meet all of the following three conditions:
(A) The qualifications must be noncomparative features of a job
seeker. For example, a qualification of three years' experience in a
particular position is a noncomparative qualification; a qualification
that an individual have one of the top five number of years' experience
among a pool of job seekers is a comparative qualification.
(B) The qualifications must be objective; they do not depend on the
contractor's subjective judgment. For example, ``a Bachelor's degree in
Accounting'' is objective, while ``a technical degree from a good
school'' is not. A basic qualification is objective if a third-party,
with the contractor's technical knowledge, would be able to evaluate
whether the job seeker possesses the qualification without more
information about the contractor's judgment.
(C) The qualifications must be relevant to performance of the
particular position and enable the contractor to accomplish business-
related goals.
(5) For purposes of paragraph (1)(iv) of this definition, a
contractor may conclude that an individual has removed himself or
herself from further consideration, or has otherwise indicated that he
or she is no longer interested in the position for which the contractor
has considered the individual, based on the individual's express
statement that he or she is no longer interested in the position, or on
the individual's passive demonstration of disinterest shown through
repeated non-responsiveness to inquiries from the contractor about
interest in the position. A contractor also may determine that an
individual has removed himself or herself from further consideration or
otherwise indicated that he or she is no longer interested in the
position for which the contractor has considered the individual based on
information the individual provided in the expression of interest, such
as salary requirements or preferences as to type of work or location of
work, provided that the contractor has a uniformly and consistently
applied policy or procedure of not considering similarly situated job
seekers. If a large number of individuals meet the basic qualifications
for the position, a contractor may also use data management techniques,
such as random sampling or absolute numerical limits, to limit the
number of individuals who must be contacted to determine their interest
in the position, provided that the sample is appropriate in terms of the
pool of those meeting the basic qualifications.
Minority group as used herein shall include, where appropriate,
female employees and prospective female employees.
Modification means any alteration in the terms and conditions of a
contract, including supplemental agreements, amendments, and extensions.
Order, Executive order, or Executive Order 11246 means parts II,
III, and IV of the Executive Order 11246 dated September 24, 1965 (30 FR
12319), any Executive order amending such order, and any other Executive
order superseding such order.
Person means any natural person, corporation, partnership,
unincorporated association, State or local government, and any agency,
instrumentality, or subdivision of such a government.
Prime contractor means any person holding a contract and, for the
purposes of Subpart B of this part, any person who has held a contract
subject to the order.
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Recruiting and training agency means any person who refers workers
to any contractor or subcontractor or who provides for employment by any
contractor or subcontractor.
Rules, regulations, and relevant orders of the Secretary of Labor
used in paragraph (4) of the equal opportunity clause means rules,
regulations, and relevant orders of the Secretary of Labor or his
designee issued pursuant to the order.
Secretary means the Secretary of Labor, U.S. Department of Labor, or
his or her designee.
Site of construction means the general physical location of any
building, highway, or other change or improvement to real property which
is undergoing construction, rehabilitation, alteration, conversion,
extension, demolition, or repair and any temporary location or facility
at which a contractor, subcontractor, or other participating party meets
a demand or performs a function relating to the contract or subcontract.
Subcontract means any agreement or arrangement between a contractor
and any person (in which the parties do not stand in the relationship of
an employer and an employee):
(1) For the purchase, sale or use of personal property or
nonpersonal services which, in whole or in part, is necessary to the
performance of any one or more contracts; or
(2) Under which any portion of the contractor's obligation under any
one or more contracts is performed, undertaken or assumed.
Subcontractor means any person holding a subcontract and, for the
purposes of Subpart B of this part, any person who has held a
subcontract subject to the order. The term ``first-tier subcontractor''
refers to a subcontractor holding a subcontract with a prime contractor.
United States as used herein shall include the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Panama Canal
Zone, and the possessions of the United States.
United States, as used herein, shall include the several States, the
District of Columbia, the Virgin Islands, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and Wake Island.
[43 FR 49240, Oct. 20, 1978, as amended at 61 FR 19988, May 3, 1996; 62
FR 44188, Aug. 19, 1997; 62 FR 66971, Dec. 22, 1997; 70 FR 58961, Oct.
7, 2005]
