Source 41 CFR 60-4 Affirmative Action Requirements
Source 41 CFR 604.3 Equal Opportunity Clauses
Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order 11246)
[I]. 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 authorily;
¢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.
G. ‘*Minority" includes:
(i) Black (all persons having origins in any of the Black
Alrican 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);
(iil) 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
licr, subcontracts s portion of the work involving any
construction trade, it shall physically include in cach
subcontract in execss 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 cither 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 un 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 shail 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 cach 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 construction 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 fram Federal procurement
contracting officers. The Contractor is expected to make
substantially uniform progress in meeting its goals in cach
craft during the period specified.
15] 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, [xecutive 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 trainces 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 thelr 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
io ensure equal employment opportunity, The evaluation of
the Contractor's compliance with these specifications shall
be based upon its effort to achicve 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, in(imidation, and coercion at all sites, and in all
facilitics at which the Contractor's employees are assigned to
work. The Contractor, where possible, will assign two or
more women to each construction project. ‘Ihe 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 i{s unions have
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