(a) All Federal contracting officers and all applicants shall
include the notice set forth in paragraph (d) of this section and the
Standard Federal Equal Employment Opportunity Construction Contract
Specifications set forth in Sec. 60-4.3 of this part in all
solicitations for offers and bids on all Federal and federally assisted
construction contracts or subcontracts to be performed in geographical
areas designated by the Director pursuant to Sec. 60-4.6 of the part.
Administering agencies shall require the inclusion of the notice set
forth in paragraph (d) of this section and the specifications set forth
in Sec. 60-4.3 of this part as a condition of any grant, contract,
subcontract, loan, insurance or guarantee involving federally assisted
construction covered by this Part 60-4.
(b) All nonconstruction contractors covered by Executive Order 11246
and the implementing regulations shall include the notice in paragraph
(d) of this section in all construction agreements which are necessary
in whole or in part to the performance of the covered nonconstruction
contract.
(c) Contracting officers, applicants and nonconstruction contractors
shall given written notice to the Director within 10 working days of
award of a
contract subject to these provisions. The notification shall include the
name, address and telephone number of the contractor; employer
identification number; dollar amount of the contract, estimated starting
and completion dates of the contract; the contract number; and
geographical area in which the contract is to be performed.
(d) The following notice shall be included in, and shall be a part
of, all solicitations for offers and bids on all Federal and federally
assisted construction contracts or subcontracts in excess of $10,000 to
be performed in geographical areas designated by the Director pursuant
to Sec. 60-4.6 of this part (see 41 CFR 60-4.2(a)):
Notice of Requirement for Affirmative Action To Ensure Equal Employment
Opportunity (Executive Order 11246)
1. The Offeror's or Bidder's attention is called to the ``Equal
Opportunity Clause'' and the ``Standard Federal Equal Employment
Specifications'' set forth herein.
2. The goals and timetables for minority and female participation,
expressed in percentage terms for the Contractor's aggregate workforce
in each trade on all construction work in the covered area, are as
follows:
------------------------------------------------------------------------
Goals for minority Goals for female
Time- tables participation for participation in
each trade each trade
------------------------------------------------------------------------
Insert goals for Insert goals for
each year. each year.
------------------------------------------------------------------------
These goals are applicable to all the Contractor's construction work
(whether or not it is Federal or federally assisted) performed in the
covered area. If the contractor performs construction work in a
geographical area located outside of the covered area, it shall apply
the goals established for such geographical area where the work is
actually performed. With regard to this second area, the contractor also
is subject to the goals for both its federally involved and nonfederally
involved construction.
The Contractor's compliance with the Executive Order and the
regulations in 41 CFR Part 60-4 shall be based on its implementation
of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a), and its
efforts to meet the goals. The hours of minority and female employment
and training must be substantially uniform throughout the length of the
contract, and in each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects.
The transfer of minority or female employees or trainees from Contractor
to Contractor or from project to project for the sole purpose of meeting
the Contractor's goals shall be a violation of the contract, the
Executive Order and the regulations in 41 CFR Part 60-4. Compliance with
the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director
of the Office of Federal Contract Compliance Programs within 10 working
days of award of any construction subcontract in excess of $10,000 at
any tier for construction work under the contract resulting from this
solicitation. The notification shall list the name, address and
telephone number of the subcontractor; employer identification number of
the subcontractor; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical
area in which the subcontract is to be performed.
4. As used in this Notice, and in the contract resulting from this
solicitation, the ``covered area'' is (insert description of the
geographical areas where the contract is to be performed giving the
state, county and city, if any).
[43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978, as amended at 45
FR 65977, Oct. 3, 1980]
