Supplying Principles and Practices > Solicitation Provisions > Provision 1-1 Supplier Clearance Requirements (March 2006) > Provision 2-1 Warranty Information (March 2006) > Provision 9-1 Equal Opportunity Affirmative Action Program (March 2006)

Provision 9-1 Equal Opportunity Affirmative Action Program
(March 2006)

The offeror, by checking the applicable block or blocks, represents that it (1) __ has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) and __ has, __ has not filed the required reports with the Joint Reporting Committee, or (2) __ has not previously had contracts subject to the written affirmative action program requirement of the rules and regulations of the Secretary of Labor.

Provision 9-2 Preaward Equal Opportunity Compliance Review
(March 2006)

If the contract award will be $10 million or more, the prospective supplier and its known first-tier subcontractors with subcontracts of $10 million or more will be subject to a preaward compliance review. In order to qualify for award, the prospective supplier and first-tier subcontractors must be found in compliance pursuant to 41 CFR 60-1.20.

Provision 9-3 Notice of Requirements for Equal Opportunity Affirmative
Action (March 2006)

a. The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause.

b. The goals for minority and female participation, expressed in percentage terms for the supplier's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade
_________________________________________________________

(Contracting officer insert goals.)

Goals for female participation for each trade
_________________________________________________________

(Contracting officer insert goals.)

c. These goals apply to all the supplier's construction work performed in the covered area. If the supplier performs construction work in a geographical area located outside the covered area, the supplier must apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from the Office of Federal Contract Compliance Programs (OFCCP).

d. The supplier's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 must be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the Affirmative Action Compliance Requirements for Construction clause, and (3) 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. The supplier must 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 supplier to supplier, or from project to project, for the sole purpose of meeting the supplier's goals will be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

e. The supplier must provide written notification to the Director, OFCCP, within 10 working days following 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 must list the:

(1) Name, address, telephone number, and employer's identification number of the subcontractor;

(2) Estimated dollar amount of the subcontract;

(3) Estimated starting and completion dates of the subcontract; and

(4) Geographical area in which the subcontract is to be performed.

f. As used in this notice, and in any contract resulting from this solicitation, the covered area is (Contracting officer insert description of the geographical area where the contract is to be performed, giving the state, county, and city).