AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON-CONSTRUCTION
CONTRACTORS
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have been designed to pro vide Contractors with in formation necessary to comply with Federal regulati ons found under Title 41, Part 60 of the Code of Federal Regulations. It is the intent of these guidelines to ensure that equal opportunity for
employment is practiced by t he Contractor without regard to race, color, sex, re ligion, nati onal origin, disabi lity, and veteran’s status. These guidelines provide the minimum information necessary to comply with EEO and affirmative action requirements, including the preparation of an
Affirmative Action Plan that complies with federal regulations regarding Affirmati ve A ction for federally assisted projects.
Contractors are urged to contact the implementing entity or the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) offic er for any ne cessary technical assistance in meeting Affirm ative Action
requirements if they are considering bidding under this contract.
I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the
following principles:
1. Discrimination beca use of race, color, age, sex,
religion, national or igin, marital status, disability, or veteran’s status is inconsistent wit h the
constitution, laws, and policies of the United
States, State of California a nd San Bernardino
County.
2. The i mplementing entity is committed to e nsure
that there be no disc rimination by vendors,
Contractors (including professional services and
consultants), lessors, or lessees doing business
with the implementing entity.
3. Contractors and Subcontractors agree to take
affirmative personnel actions to hire and promote
workers who traditionally have been discriminated
against in the job market, including women,
minorities, members of certain ethnic and
religious groups, individuals with disabilities, and
veterans.
B. Affirmative Action S tep Requirements for
CONSTRUCTION Contractors and Subcontractors:
1. Personnel affirmative action in recruitment, hiri ng, and promotion is required by Contractor and
Subcontractors who have entered into a federally
assisted construction or non-c onstruction contract
that exceed $10,000 or $10,000 in t he aggregate
over a 12-month period.
2. Contractors and Subcontractors who enter into a
CONSTRUCTION CONTRACT in excess of
$10,000 must take 16 specific affirmative action
steps to e nsure equal empl oyment o pportunity.
These steps are included in 41 CFR 60-4.3 (a) (7)
and are also included under "Standard Federal
Equal Employment Opportunity Construction
Contract Specifications" of Attachment "D " of the
bid package.
C. Affirmative Acti on Plan r equirements for N ON-
CONSTRUCTION Contractors:
1. All Contractors who h ave entered into a NON-
CONSTRUCTION CONTRACT and who: 1) do
business in the amount of $50,000 or more with
the implementing entity in any one fiscal year
and, 2) employ 50 or more employees, must
develop a written Affirmati ve Action Pr ogram
within 120 days after the contract award date.
2. All Subcontractors rendering services or supplies
to a Contractor in the amount of $50,000 or more
and employ 50 or more employees, must develop
a written Affirma tive Acti on Pro gram within 120
days after the contract award date.
D. Exemptions under 41 CFR 60:
The following persons/contracts shall be exempt from
this program:
1. A contract or contracts by a Contractor that do not
exceed $10,000 in the aggregate over a 12-month
period.
2. C ontracts for Work outside the United States
3. State and Local Governments
4. Contracts with certain educational institutions
5. Work on or near Indian Reservations
6. Specific contracts and facilities found exempt by
Deputy Assistant Secretary
7. Contracts with religious entities
8. National security contracts
Any Contractor who feels qualified for an exemption
should contact the local Contract Compliance Officer
or the U.S. Department of Labor's OFCCP Officer for
further information.
II. SATISFYING AFFIRMATIVE ACTION PLAN
A. Affirma tive Action Plan requirements f or NON-
CONSTRUCTION Contractors can be met through the
following:
1. Completing a Contract Compliance Quali fying
Report for Non-construction Contractors and
Vendors, (refer to the form found in the "Additional
Required Documents/Sample Documents" section
of Attachment "D" of the bid package).
2. Completing a Contractor’s Affirma tive Action
Policy, including met hods of recruiting minorities
and women. If the Contractor does not have i ts
own Affirmative Action Policy, it may adopt the
County's model Affirmati ve Action Policy ((refer to
the form found in the "Additional Required
Documents/Sample Documents" section of
Attachment "D" of the bid package).
3. Following Federa l Affirm ative Ac tion Plan
guidelines which comply with the req uirements of
41 CFR 60.2.10.
DEFINITIONS
Unless a provision of a contract otherwise requires, certain words and phrases shall be defined as follows:
A. “Af firmative Action” is a commitment t o i ncrease the number of minorities and women in the work forc e by
setting employment goals a nd timetables, including
action to achieve objectives. Affirmative Action seeks to ensure that discrimination is eliminated in dealings with employees or applicant s for employment whether
the discrimination is intentional or unintentional. In addition, A ffirmative Action seeks to improve job
standards and productivity through the removal of
artificial and unnecessary barriers to employment and
promotion and ensure that all job actions are related to job performance measures.
B. “Affirmat ive Action Plan” is a written affirmative plan required of Contractors and Subcontractors who have
50 or more employees and have entered into a
contract with the implementing entity that exc eeds
$50,000, or $50,000 in contracts over a 12- month
period.
C. “C ontract” means a federally assisted purchase order, offer and acceptance, lease, agreement or other
arrangement creating an obligation to which the
implementing entity is a party, whi ch would make one
of the parties within the definition a Contractor.
D. “C onstruction” means the co nstruction, rehabilitation, alteration, conversion, extension, demolition or repai r of buildings, highways or other change s or
improvements to real property, including facilities
providing utility services.
E. “Contractor” means a prime Contractor or
Subcontractor.
F. "Covered Area" means the geographical area
described in t he solicitation from which the contract resulted;
G. "Director" means Director, OFCCP, U.S . Dept. o f
Labor, or any person to whom the Director delegates
authority to;
H. “Employee” means one wh o performs work for
compensation, or a person who is permanently or
regularly employed by the Contractor or
Subcontractor.
I. "Employer Identification Number " means the Feder al Social Security Number;
J. “Disa bility” means any individual who:
1. Has a p hysical or mental impairment, which
substantially limits one or more major life activities
of such individual;
2. Has a record or such impairment or,
3. Is general ly reg arded as havi ng such an
impairment.
K. "Employer Identification Number" means the Federal
Social Security Number;
L. “Implementing Entity” means public jurisdiction who is administering the contract.
M. “Minority” includes:
1. Black (all persons having origins in any Black
African racial groups not of Hispanic origin);
2. H ispanic (all persons of Mex i
can, Puerto Rican,
Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
3. Asian or Pacific Is lander (all persons having
origins in any o f the o riginal peoples of the Far
East, Southeast Asia, the Indian subcontinent or
the Pacific Islands);
4. American India n or Alaskan native (all persons
having origins in a ny of the native peoples of
North America and maintaining identifiable tribal
affiliations throug h membership and participation
in community identification).
N. “Non-construction Contract” means any contract that does not fall within the definition of “Cons truction
Contract”.
O. “Officer” means the Contract Compliance Officer of
the implementing entity o r U.S. Department of Labor
Office of Federal Contract Co mpliance Program
(OFCCP) Officer.
P. “Persons” means any individual, firm, co-partnership, public servic e, joint venture, as sociation, social club, fraternal organization, corporatio n, est ate, tr ust
receiver, syndicate CITY, county, municipal
corporation, district or other poli tical subdivision, or any other group or combination acting as a unit.
Q. “Underutilization” means hav ing fewer minorities or women in a particular job class ification t han w ould
reasonably be expected by their availability.
R. “Vietnam-Era Veteran” means a person who:
1. Served on actual duty for a period of more than
180 days, any part of which occurred betw een
August 5, 1964, and May 7, 1975, and was
discharged or released therefrom with other than
a dishonorable discharge; or
2. Was discharged or released from active duty for a
service-connected disability if any part of such
active duty w as performed between August 5,
1964, and May 7, 1975.
S. Violation and Appeal Procedure:
1. A C ontractor found in violation of equal
opportunity/affirmative action laws will be refer red
to the U.S. Department of Labor’s OFCCP
Division, and the Solicitor for Labor, Associate
Solicitor of Labor Relations and Civil Rights
Regional Solic itors and R egional Att orney are
authorized to institute enforcemen t proceeding s
by filing a complaint and serving that compliant to
the Contractor (defendant), in accordance with
procedures set forth in 41 CFR 60 -30.5. The
complaint shall contain information on the a lleged
violation, a prayer regarding the relief being
sought, and the name and address of the attorney
representing the Government. Within 20 days
after receiv ing the com plaint, the defendant shall
file an answer with the Chief Administrative Law
Judge, if the case h as not been assigned to an
Administrative Law judge.
2. T he answer shall conta in a statement of the facts
which constitute the ground of defense, and shall:
1) specifically admit, explain, or deny each of the
allegations of the complaint unless the defendant
is without knowledge, or 2) state that the
defendant admits all the alleg ations contained in
the complaint. The answer may contain a waiver
for a hearing and if not, a separate paragraph in
the answer shall request a hearing. The a nswer
shall contain th e name and address of the
defendant, or of t he attorney representing the
defendant. Failure to file an answer or plead
specifically to an allegatio n of the co mplaint shall
constitute an admission of such allegation.
3. C ontractor agrees to fully comply with the laws and programs (including regulations issued pursuant thereto) identified herein. Such compliance is required to the
extent such laws, programs and their regulations are, by their own term s, applicable to this contract. Contractor warrants that he will make himself thoroughly familiar with the applicable provisions of said laws, programs,
and regulations prior to commencing performance of the
contract. Copies of said laws, programs, and regulations are a vailable upon request from the implementing
entity’s Contract Compliance Officer, o r from the U.S.
Department of Labor's OFCCP Officer to the extent
applicable the p rovisions of said laws programs and
regulations are deemed to be a part of this contract as if fully set forth herein.
4. Vietnam Era Veterans’ Readjustment Assistance A cts of 1972 and 1974, as amended. Pub. L. 92- 540, Title V,
Sec 503(a), P ub. L 93 -508. Title IV, Sec. 4 02. (38
USCA 2011-2013).
5. Rehabilitation Act of 1973, as amended (disability) Pub. l 93-112 as amended. (29 USCA 701-794).
6. California Fai
r Emplo yment Practice Act. Labor Code
Sec. 1410 et seq.
5. Civil Rights Act of 1964, as ame nded (42 USCA 2000a to 2000H-6) and Executive Order No. 11246, September
24, 1965, as amended.
EQUAL OPPORTUNITY CLAUSES
The Contractor and Subcontractors not found
exempt under 41 CFR 60- 1.5, are required to
comply with the following equal opportunity
clauses as a condition of being awarded a federally
assisted contract. Each no nexempt prime
Contractor shall include equal employment
opportunity clauses in each of its no nexempt
Subcontractors.
EQUAL OPPORTUNITY CLAUSE FOR
FEDERALLY ASSISTED CONSTRUCTION
CONTRACTS
This clause is i nserted pursuant to Executive Order 11246 of September 24, 1965, as amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR Sec. 60-1.4. The following requirements apply to Contractors and Subcontractors
(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 employe d, and that employees are
treated during employment without regard to their
race, color, r eligion, sex, national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer;
recruitment or recruitm ent advertising; layo ff or
termination; rates of pay or other forms of
compensation; and s election 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 pla ced 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 u nion or
representative of worke rs 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 u nion or
workers’ representative of the Contractor’s
commitments under Section 202 of E xecutive Order
11246 of September 24, 1965, and s hall post copies
of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will com ply 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 infor mation and reports required by Executive Order 11246 o f September 24,
1965, and by rules, regulations and order s of the
Secretary of Labor, purs uant thereto, and will permit
access to his books, records, and accounts by the
administering agency and Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules, regulations, and orders
(6) In the event of the Contractor’s n oncompliance with the nondiscrimination clauses of this contract or with any of such rules, re gulations or orders, this contract may be canceled, terminated or suspended in whole
or in part, and the Contractor may be declared
ineligible for further Governm ent co ntracts in
accordance with procedures author ized in Executive
Order 11246 of September 24, 1965, and such ot her
sanctions may be imposed and remedies inv oked as
provided in Executive Order 11246 of September 24,
1965, or by rule, r egulation or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contrac tor 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 the contracting agenc y may direct
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 di rection by the contracting agency, the Contractor may request the United States
to enter into such litigation to p rotect the interests of the United states.
The applica nt further agrees that it will be bound by
the above equal opportunity clause with res pect to its own employment practices when it participates in
federally assisted construction w ork; provided, that if the applicant so participating is a state or lo cal
government, t he above equal opportunity clause is
not applicable to any agency, instrument ality or
subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperat e actively with th e 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 in obtaini ng the compliance of Contractors and
Subcontractors with the equal opportunity clause and
the rules, reg ulations, and relevant orders of the
Secretary of Labor, that it will furnish the admi nistering agency and the Secretary of Labor such information
as th ey may require for the supervis ion 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 cont ract m odification
subject to Executive Order 1124 of September 24,
1965, with a Contractor debarred from, or who h as
not demonstrated eligibility for Government
contracts and federa lly assisted construction
contracts pursuant to the Executive Order and wil l
carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed
upon Contractor s and Subcontractors by the
administering agency o r the S ecretary of Labor
pursuant to Part II, Subpart D of the Exec utive
Order. In addition, the applicant agrees that if it fails or refuses to comply with t hese undertakings, th e
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 as surances of f uture compliance has
been received from such applicant, and refer the
case to t he Department of Justice for appropriate
legal proceedings.
In addition to the above, Contractor will agree to
furnish all information and reports, includin g
Standard form EEO-1, if applicable, to the U.S.
Equal Employment Opportunity Commission
(EEOC) an d th e U.S. Department of Labor's
OFCCP, as required by Executive Order No. 11246
of September 24, 1965.
EQUAL OPPORTUNITY CLAUSE FOR
SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
This clause is inserted pursuant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veterans
Readjustment Assistance Act s of 1972 and 1974 (P .L. 92 - 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60 - 250.
(1) The Contrac tor will not discriminate against any
employee or applicant for employment becaus e he
or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which the
employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat
qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon their
disability or veterans’ status in all employment
practices su ch a s the followi ng: employment,
upgrading, demotion or trans fer, recruit ment,
advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for
training, including apprenticeship.
(2) The Contractor agrees that all suit able employment openings of the Contractor which exist at the time of
the execution of this contract and those which occur
during the perf ormance of this contract, including
those not generated by this contract and including
those occurring at an establishment of t he
Contractor other than the one wherein the contract
is being performed but excluding t hose o f
independently operated corporate affiliates, shall be
listed at an appropriate local office of the State
Employment Service System wherein the opening
occurs. The Contractor further agrees to provide
such reports t o such local office regarding
employment openings and hires as may be
required.
(3) Listings of employment openings with the
employment service syst em pursuant to this clause
shall be made at lea st concurrently with the use of
any other recruitment source or effort and shall
involve the norm al obligations which attach to the
placing of a bona fide job order, including the
acceptance of referrals of veterans and non-
veterans. The listing of employ ment openings does
not require the hiring of any particular job applicant
or from any particular group of job applicants, and
nothing herein is intended to relieve the Contractor
from any requirements in Executive Orders or
regulations regarding nondiscrim ination i n
employment.
(4) The reports required by paragraph (2) of this claus e shall include, but not be limited to, periodic reports
which shall be filed at least quart erly with the
appropriate local office or, where the Contractor has
more than one hiring location i n a State , with the
central office of that State Employment Service.
Such reports s hall indicate for each hiring location,
(a) the number of individuals hired during the
reporting period, (b) the number of non-disabled
veterans of the Vietnam Era hired, (c) the number of
disabled veterans of the Vietnam Era hired, and (d)
the total number of d isabled veterans hired. The
reports shall include covered veterans hired for on-
the-job tr aining under 38 USC Sec. 1787. The
Contractor shall submit a report w ithin 30 days after
the end of each reporting period wherein any
performance is made on this contract identifying
data for each hiring location. The Contractor shall
maintain at each hiring location, copies of the
reports submitted until the expirati on of one y ear
after final payment under the contract, during wh ich
time these reports and relate d documentation shall
be made available, upon request, for examination
by any authorized representatives of the contracting
officer or of the Secretary of Labor. D ocumentation
would include personnel records respecting job
openings, recruitment and placement.
(5) Whenever the Contractor becomes c ontractually
bound to the listing provisions of this c lause, it shall advise the employment service system in each
State where i t has establishments of the name and
location of each hiring location in the State. A s long as the Contractor is contractually bound to these
provisions and has so advised the State system,
there is no need to advise the State system of
subsequent con tracts. The Contractor may advise
the State system when it is no longer bound by this
contract clause.
(6) This clause does not apply to the listing of
employment openings, which occur and are filled
outside of the 50 States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands.
(7) The provisions of paragraphs (2), (3), (4) and (5) of this clause do not apply to openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and
traditional e mployer - u nion hi ring arrangement.
This exclusion does not apply to a part icular
opening once a n em ployer decides to consider
applicants outside of his own organizati on or
employer - union arrangement for that opening.
(8) As used in this clause:
a. “All suitable em ployment openings” includes,
but is not limited to, openings which occur in
the foll owing job categories: production and
non-production; plant and office; la borers and
mechanics; s upervisory and non-supervisory;
technical; and executive, adminis trative a nd
professional openings as are compensated on
a salary basis of le ss than $25,000 per year.
The term includes full-time employ ment,
temporary employment of more than three
days dur ation, and part -time employment. It
does not include openings wh ich t he
Contractor proposes to fill from within his own
organization or to f ill pursuant to a c ustomary
and traditional employer - union hiring
arrangement or openings in an educational
institution which are restricted to students of
that institution. Unde r mos t co mpelling
circumstances an employment opening may
not be suitable for listing, including such
situations where the needs of the G overnment
cannot reasonably be otherwise supplied,
where listing would be contrary to national
security, or where the r equirement of list ing
would otherwise not be for the best intere st of
the Government.
b. “Appro priate office of the State Employment
Service System” means the local o ffice of the
federal - s tate national system of public
employment offices with assigned
responsibility for s erving the area where the
employment opening is to be fi lled, including
the D istrict of Colombia, Guam, Puerto Rico
and the Virgin Islands.
c. “Openings which the Contractor proposes to
fill from within his own organization” means
employment op enings for which no
consideration will be given to pers ons outside
the Contractor ’s or ganization (including any
affiliates, subs idiaries and the parent
companies) and includes any openings which
the Contractor proposes to fill from regularly
established “recall” lists.
d. “Openings which the Contractor proposes to
fill p ursuant to a custom ary an d traditional
employer - union hirin g arrangement” means
employment openings which the Contractor
proposes to fill from union halls, which is part
of the c ustomary and tradi tional hiring
relationship which exists between the
Contractor and representati ves of his
employees.
(9) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(10) I n the event of the Contractor’s noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(11) The Contractor a grees to post in c onspicuous
places, available to employees and applicants f or
employment, noti ces in a form to be prescribed by
the Director, provided by or through the contracting
officer. Such notices shal l state the Contractor’s
obligation under the law to take affirmative action to employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era
for employm ent, and the rights of applicants and
employees.
(12) The Contractor will no tify each
labor union or
representative of work ers w ith which it has a
collective bargaining agreement or other contract
understanding, that t he Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjust ment
Assistance Act, and is committed to take affirmative
action to employ and advance i n emp loyment
qualified disabled veterans and veterans of the
Vietnam Era.
(13) T he Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon eac h Subcontractor or ve ndor. The
Contractor will take such act ion with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to e nforce such provisions, including
action for noncompliance.
(14) Collective bar gaining agreement or other contract understanding that the Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employ ment
qualified disabled veteran s and veterans of the
Vietnam Era.
(15) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless ex empted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that suc h 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 Di rector of the
Office of Federal Contract Compliance Programs
may direct to e nforce such provisi ons, i ncluding
action for noncompliance.
EQUAL OPPORTUNITY CLAUSE FOR
WORKERS WITH DISABILITIES
This clause is inserted pursuant to the Rehabilitation Act of 1973 (P.L. 93-112) and 41 CFR Sec. 60-741-4.
(1) The Contractor will not discrim inate against any
employee or applicant for employment because of
physical or mental disability in regard to any position for which the employee or applicant for employment
is qualif ied. The C ontractor agrees to take
affirmative action to employ , advance in
employment and otherwise treat qualified
(2) disabled individuals without discrimination bas ed
upon their physical or mental disability in all
employment practices such as the follow ing:
employment, up grading, demotion or transfer,
recruitment, advertising, layoff or terminat ion, r ates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(3) The Cont ractor agrees to comply with the rules,
regulations and relevant or ders of the Secretary of
Labor issued pursuant to the Act.
(4) In the event of the Contractor’s non-compliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevan t orders of the
Secretary of Labor issued pursuant to the Act.
(5) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the co ntracting
officer.
(6) Such notices shall state the Contractor’s obligation under the law to tak e affirmative action to employ
and advance in employment qualifi ed disab led
employees and applicants for employ ment, and the
rights of applicants and employees.
(7) T he Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of S ection 503 of the Rehabilitation Act of
1973, and is committed to take affirmative action to
employ and advance in employment physically and
mentally disabled individuals.
(8) The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$2,500.00 or more unless exempted b y rules,
regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, s o that such
provisions will be binding u pon each Subcontractor
or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the
Director of the Office of Federal Contract
Compliance Programs may direct to enforc e su ch
provisions, including action for noncompliance.
STANDARD FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT PROVISIONS
(EXECUTIVE ORDER 11246, PURSUANT TO
41 CFR 60-4.3 (a)
1. As used in these specifications:
a. “C overed area” means the geographical area
described in the solicitation from which this
contract resulted;
b. “Director” means Director, Office of Federal
Contract Com pliance Pro grams, United States
Department of Labor, or any person to whom the
Director delegates authority;
c. “Employer identification number” means the
Federal Social Security number used on the
Employer’s Quarter Federal Tax Return. U.S.
Treasury Department form 941.
d. “Minority” includes:
(i) Black (all person s having origins in any of
the Black African 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);
(iii) Asian and Pacific Islander (all persons
having origins in any o f the original peoples
of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(iv) Ame rican Indian or Alaskan Native (all
persons having origins in any of the original
peoples of North America and maintaining
identifiable tribal a ffiliations through
membership and participation or community
identification).
2. Whenever the Contractor, or a ny Subc ontractor at
any tier, subcontracts a portion of the work in volving any construction trade, it shall phy sically incl ude in each subcontract in excess 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 b y the U.S.
Department of Labor in the covered area either
individually or through an as sociation, its affirmative action obligations on all work in the Plan area
(including goals and t imetables) shall be in
accordance with the 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 Sub contractor
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 und er the Plan in each trade in which it
has employees. The overall good fa ith performance
by other Contractors or Subcontractors toward a goal
in an approved Plan does not excuse any cover ed
Contractor’s or Sub contractor’s failure to t ake good
faith efforts to achieve Plan goals and timetables.
4. The Contrac tor shall implement t he s pecific
affirmative action standards provided in paragraphs
7a through p of these specifications. The goals set
forth in the solicitation from which the contract
resulted are e xpressed as percentages of the total
hours of employment and training of minority and
female utilization the Contractor should reasonable
the able to achieve in each 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 ap ply the minority and
female goals established for the geographical area
where the work i s being p erformed. Goals are
published periodically in the FEDE RAL REGISTER
in notice form, an d such notices may be obtained
from any Office of Federal Contract Compli ance
programs Office or from federal proc urement
contracting officers. The Contractor i s expecte d to
make s ubstantially uniform progress in meeting its
goals in each craft during the period specified.
5. Neither the provi s
ions of any collective bargaining
agreement, nor the failure by a union w ith whom the
Contractor has a collective bargaining agreement, to
refer either minorities or women shall excuse the
Contractor’s obligations und er t hese specifications,
Executive Order 112 46 or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of
apprentices and trainees to be count ed in meeting
the goals, such apprentices and trainees m ust be
employed by the Contractor during the training
period and the Contractor must have ma de
commitment to employ the apprentices and trainees
at the completion of their training, subject t o the
availability of employment opportunities. Trainees
must be trained pursuant t o trai ning programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative acti ons to ensure equal employment opportunity. Th e
evaluation of the Contractor’s compliance with these
specifications shall be based upon its eff ort to
achieve maximum results from its acti ons. The
Contractor shall document these efforts fully, and
shall implement affirmative action steps at least as
extensive as the follow 16 steps:
a. Ensure and maintain a working
environment free of harassment ,
intimidation, and coercion at all sites,
and in all facilities at which the
Contractor’s employees are assigned
to work. The Contractor shall
specifically ensu re that a ll foremen,
superintendents, and other on- site
supervisory personnel are aware of and
carry out the Contractor’s obligation to
maintain such a working environm ent,
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 f emale recruitment
sources, provide written notification to
minority and female recruitment
sources and to community
organizations when the Contractor or
its unions have employment
opportunities available, and maintain a
record of the organizations’ responses.
c. Maintain a cur rent file of the names,
addresses and telephone numbers of
each minority and female off -the-street
applicant and minority or female
referral from a union, a recr uitment
source or co mmunity organization and
of what action was taken with r espect
to each such i ndividual. If such
individual was sent to the union hiring
hall for referral and was not referred
back to the Contractor by the union or,
if referred, not employed by the
Contractor, this shall be documented in
the file with the reason therefore, along
with w hatever additional actions the
Contractor may have taken.
d. Provide immediate written notification
to the Dir ector when the union or
unions bargaining agreement has not
referred to the Contractor a minority
person or wom an sent by t he
Contractor, or when the Contractor has
other information that the union referral
process has impeded the Contractor’s
efforts to meet its obligations.
e. Develop on-the -job traini ng
opportunities and/o r participate in
training programs for the area which
expressly include m inorities and
women, including upgrading progr ams
and apprenticeship and trainee
programs relevant to the Contractor’s
employment needs, especially those
programs funded or approved b y the
Department of Labor. The Contractor
shall provide notice of these programs
to the sources compiled under 7b
above.
f. Disseminate the Contractor’s EEO
policy by providing notice of the policy
to unions and training programs and
requesting t heir cooper ation in
assisting the Contractor in meeting its
EEO o bligations by includi ng i t in any
policy manual and collective bargaining
agreement; by publicizing it in the
company newspaper, annual report,
etc.; by specific review of the poli cy
with a ll management personnel and
with all minority and female employees
at least once a year; and by posting the
company EEO policy on bulletin boards
accessible to all employees t hat each
location where c onstruction work is
performed.
g. Review, at least annuall y, the
company’s EEO policy and affirmative
action obligations under these
specifications wi th all employees
having any responsibility for hiring,
assignment, layoff, termination or other
employment d ecisions including
specific review of these items with
onsite super visory personnel such as
Superintendents, Ge neral Foremen,
etc., prior to t he initiation of
construction work at any job site. A
written record shall be made and
maintained identifying the item and
place of these meetings, persons
attending, subject matte r discussed,
and disposition of the subject manner.
h. Disseminate the Contr
actor’s EEO
policy externally by including it i n any
advertising in the news media,
specifically including minority and
female news media, and providing
written n otification to and d iscussing
the Contractor’s EEO policy with o ther
Contractors and Sub contractors w ith
whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral
and w ritten, to minority, female and
community organizations, t o schools
with minority and female students and
to minority and f emale recruitment and
training organizations serving the
Contractor’s recruitment source, th e
Contractor shall send written
notification to organizations such as the
above, describing the openings,
screening procedures, and tests to be
used in the selection process.
j. Encourage present minority and female
employees to recruit other minority
persons and women and, where
reasonable, provide after school,
summer and vacation employment to
minority and fem ale youth both on the
site and in other areas of a Contractor’s
work force.
k. Vali date all tests and other selection
requirements where there is an
obligation to do so under 41 CFR Part
60-3.
l. Conduct, at least annually, an inventory
and evaluation at least o f all minor8ty
and female personnel for pr omotional
opportunities and enc ourage these
employees to seek or to prepare f or,
through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job
classifications, work assi gnments and
other personnel practices, do not have
a di scriminatory effect by continua lly
monitoring all personnel and
employment related activities to ensure
that the EEO policy and the
Contractor’s obligations under these
specifications are being carried out.
n. Ensure that all facilities and company
activities are non- segregated except
that separate or single-user toilet and
necessary changing facilities shall be
provided to assure privacy between the
sexes.
o. Document and maintain a record of all
solicitations of off ers for subcontracts
from minority and femal e constructi on
Contractors and suppliers, including
circulation of solicitati ons to minority
and female Contractor associations
and other business associations.
p. Conduct a review, at least annually, of
all superv isors; adherence to and
performance under the Contractor ’s
EEO policies and a ffirmative action
obligations.
8. Contractors are encouraged to participate in
voluntary associations which assist in fulfilling
one or more of their affirmative action
obligations (7a – p). The efforts of a Contractor
association, join t Contractor-union, C ontractor-
community or other similar group of which the
Contractor is a member and participant may be
asserted as fulfilling any one or more of its
obligations provided that the Contractor actively
participates in the group, makes ever y effort to
assure that t he group has a positive impact on
the employment of minorities and women in the
industry, ensures that the concrete benefits of
the program are reflected i n the Contractor’s
minority and female workforce participation
makes a good faith effort to mee t its individual
goals and timetables, and can provide access to
documentation, which demonstrates the
effectiveness of actions taken on behalf of the
Contractor. The obli gation to comply, however,
is the Contractor’s and failure of such a group to
fulfill an obligation shall not be a defense for the
Contractor’s noncompliance.
9. A single goal for minorities and a separate single
goal for women have been established. The
Contractor, h owever, is required to provide
equal employment opport unity and to take
affirmative action for all minority groups, bot h
male and female, and all women, both minority
and non-minority. Consequently, the Contractor
may be in violation of the e xecutive order if a
particular group is employed in a s ubstantially
disparate manner (for example, even though the
Contractor has achieved its goals for women
generally, the Contractor may be in violation of
the Executive Order if a specific minor ity group
of women is underutilized).
10. The Contractor shall not use the goal s and
timetables or a ffirmative action standards to
discriminate against any person because of
race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any
Subcontract with a ny person or firm debarred
from Government contracts p ursuant to
Executive Order 11246.
12. The Contractor shall carry ou t such sanctions
and penalties for violation of these specifications
and of the Equal Opportunity Clause, including
suspension, termina tion and cancellation of
existing subcontrac ts as may be imposed or
ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by
the Office of Federal Contrac t Compliance
Programs. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation
of these specifications and Ex ecutive Order
11246, as amended.
13. The Contractor , in fulfilling its oblig ations under these specifications, shall implement specific
affirmative action steps, at least as extensive as
those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum
results from its efforts to ensure equal
employment opportunity. If the Contractor fails
to comply with the requirements of the Executive
Order, the i mplementing regulations, or these
specifications, the director sh all proceed in
accordance with 41 CRF 60-4.6.
14. The Contractor shall designate a responsible
official to monitor all employment related activity
to ensure that the company EEO polic y is being
carried o ut, to submit reports relating to the
provisions hereof as may be required by the
Government and to keep records. Records shall
at lease include for each employee the name,
address, telephone numbers, construction trade,
union affiliat ion if an y, employee i dentification
number when assigned, social security number,
race, sex, st atus ( e.g., mechanic, apprentice
trainee, helper, or laborer) dates of changes in
status, hours worked per week in the indicated
trade, rate of pay, and locations at whic h the
work wa s performed. Records shall be
maintained in an easily understandable and
retrievable form; however, to the degree that
existing records satisfy this requirement,
Contractors shall not be required to maintain
separate records.
15. Nothing herein provided shall be construed as a
limitation upon the app lication of other laws
which es tablish different standards of
compliance or upon the application of
requirements for the hiring of local or other area
residents (e.g. those under the Public Works
Employment Act o f 1977 and the Community
Development Block Grant Program).
a) The notice set forth in 41 CFR 60-4.2 and
the specifications set forth in 41 CFR 60-4.3
replace the New Form for Federal Equal
Employment Opportunity Bid conditions for
Federal and federally Assisted Construction
published at 41 CFR 32482 and commonly
known as the Model Federal EEO Bid
Conditions, and the New Form s hall not be
used after the regulations in 41 CFR Part
60-4 become effective.
Minority Goals
The goal for the util ization of women employees on
federally assisted construction contracts is set at 6.9%.
The goal for utilization of minorities, based on the
Standard metropolitan Stat istical Area (SMSA) for
Riverside/San Bernardino County is 19%.
For additional informat ion on th ese goals, please contact the OFCCP-Pacific Region at (415) 848-6969.
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000)
During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et. seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the forgoing requirements, all nonexempt Contractors and Subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the Contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities.
(4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions