(a) Government contracts. Except as otherwise provided, each
contracting agency shall include the following equal opportunity clause
contained in section 202 of the order in each of its Government
contracts (and modifications thereof if not included in the original
contract):
During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or workers' representative
of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(6) In the event of the contractor's non-compliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided
in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) the contractor will include the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of Labor as a means
of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the contractor may request the United States
to enter into such litigation to protect the interests of the United
States.
(b) Federally assisted construction contracts. (1) Except as
otherwise provided, each administering agency shall require the
inclusion of the following language as a condition of any grant,
contract, loan, insurance, or guarantee involving federally assisted
construction which is not exempt from the requirements of the equal
opportunity clause:
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at 41
CFR Chapter 60, which is paid for in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the
Federal Government pursuant to a grant, contract, loan insurance, or
guarantee, or undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or
national origin. such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contrator will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246
of September 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, That in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be bound by the above
equal opportunity clause with respect to its own employment practices
when it participates in federally assisted construction work: Provided,
That if the applicant so participating is a State or local government,
the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal opportunity
clause and the rules, regulations, and relevant orders of the Secretary
of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246
of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive order and will
carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part
II, Subpart D of the Executive order. In addition, the applicant agrees
that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this grant (contract,
loan, insurance, guarantee); refrain from extending any further
assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to
the Department of Justice for appropriate legal proceedings.
(c) Subcontracts. Each nonexempt prime contractor or subcontractor
shall include the equal opportunity clause in each of its nonexempt
subcontracts.
(d) Incorporation by reference. The equal opportunity clause may be
incorporated by reference in all Government contracts and subcontracts,
including Government bills of lading, transportation requests, contracts
for deposit of Government funds, and contracts for issuing and paying
U.S. savings bonds and notes, and such other contracts and subcontracts
as the Deputy Assistant Secretary may designate.
(e) Incorporation by operation of the order. By operation of the
order, the equal opportunity clause shall be considered to be a part of
every contract and subcontract required by the order and the regulations
in this part to include such a clause whether or not it is physically
incorporated in such contracts and whether or not the contract between
the agency and the contractor is written.
(f) Adaptation of language. Such necessary changes in language may
be made in the equal opportunity clause as shall be appropriate to
identify properly the parties and their undertakings.
[43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997]
