EO_and_AA_Requirements.doc

Equal Opportunity and Affirmative Action Requirements

Attachment D

As used hereinafter, the word “contract” shall mean either “Purchase Order” or “Subcontract”. The term “contractor” shall mean vendor, seller, or subcontractor.

I. Nondiscrimination

(a) If, during and 12-month period (including the 12 months preceding the award of this contract, the Contractor has been or is awarded nonexempt contracts in excess of $10,000.00, the Contractor shall comply with subparagraphs (b) (1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(b) During performing this subcontract, the Seller agrees as follows:

(1) The Contractor shall not discriminate against any employee or applicant because of race, color, religion, sex, or national origin.

(2) The Contractor shall take affirmative action to ensure tha applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex, or national origin. This shall include but not be limited to:

a. Employment;

b. Upgrading;

c. Demotion;

d. Transfer;

e. Recruitment or recruitment advertising;

f. Layoff or termination;

g. Rates of pay or other forms of compensation;

h. Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor, shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employments without regard to race, color, religion, sex, or national origin.

(5) The Contractor shall send to each labor union or representative of workers with which it ah\\has a collective bargaining agreement or other contract or understanding the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended and by the rules, regulations, and orders of the Secretary of Labor, Standard Form 100 (EEO-!) or any successor form, to be filed within 30 days following the award, unless filed within 12 months preceding the date of award.

(8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purpose of investigation to ascertain the contractor’s compliance with the applicable rules, regulations and orders.

(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation or order of the Secretary of Labor, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts under the procedures authorized in Executive Order 11246, as amended the rules, regulations and orders of the Secretary of Labor, or as otherwise proved by law.

(10) The Contractor shall include the terms and conditions of subparagraph (b) (1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations or orders of the Secretary of Labor issued under Executive Order 11246, as amended so that these terms and conditions will be binding upon each subcontractor or vendor.

(11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditioning, including sanctions.

II. Affirmative Action Program

(a) The Subcontractor’s attention is directed to the Office of Federal Contract Compliance Programs – Rules and Regulations, 41 CFR 60-1, Section 60-1.40 thereof relates to Affirmative Action compliance programs, and applies to each subcontractor with a subcontract of $10,000.00 or more.

(b) The Subcontractor agrees that he shall prepare and maintain an Affirmative Action Compliance Program pursuant to Title 41 of the Code of Federal Regulations, Part 60-2.

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