**Technical Assistance Guide**

**for**

**Federal Construction Contractors**

This Technical Assistance Guide is designed to help Government
contractors and subcontractors comply with the Federal laws and
regulations that prohibit Government contractors from discriminating in
employment, and require that they undertake affirmative action to ensure
equal employment opportunity in their workforces. It is intended for
Government contractors who have construction contracts and/or
subcontracts. The obligations of Government contractors and
subcontractors who hold non-construction contracts differ in significant
ways and are covered in a separate guide.

The contents of this guide have been designed to help construction
contractors and subcontractors:

-   Understand their contractual obligation to comply with the laws
    administered by OFCCP;

-   Understand the role of the OFCCP in enforcing Federal equal
    employment opportunity and affirmative action laws that apply to
    Federal contractors and subcontractors;

-   Develop written Section 503 and VEVRAA affirmative action programs
    where appropriate;

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-   Implement the affirmative action steps that are described in the
    Standard Federal Equal Employment Specifications published at 41 CFR
    60-4.3; and

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-   Prepare for an OFCCP compliance evaluation.

    **This Technical Assistance Guide does not create new legal
    requirements or change current legal requirements. Instead, it
    reflects the views of OFCCP and is intended to serve as a basic
    resource document on OFCCP-administered laws. The legal requirements
    related to equal employment opportunity that apply to Federal supply
    and service contractors are contained in the statutes, executive
    orders, and regulations cited in the Guide. Every effort has been
    made to insure that the information contained in the Guide is
    accurate and up to date**.

    Table of Contents

    **Overview of OFCCP Mission and Program 1**

    **Overview of Laws Administered by OFCCP 2**

    **Commonly Asked Questions 4**

    **Overview of Construction Contractor Responsibilities 7**

    **Additional Requirements 26**

    **Preparing for a Compliance Evaluation 42**

    **Recognizing Good Faith Effort 47**

    **Appendices**

    **Appendix A: Glossary of Terms**

    **Appendix B: Adverse Impact Determinations**

    **Appendix C: The Small Business Administration's Ombud Program**

    **Appendix D: OFCCP National and Regional Offices**

    **Appendix E: Federal Register notices regarding participation goals
    for**

    **Minorities and Females**

    **Overview of OFCCP Mission and Program**

The Office of Federal Contract Compliance Programs (OFCCP) administers
and enforces three equal employment opportunity laws that apply to
Federal government contractors and subcontractors supplying goods and
services, including construction, to the Federal Government: Executive
Order 11246, Section 503, and the affirmative action provisions of
VEVRAA. The OFCCP monitors compliance with these laws primarily through
compliance evaluations, during which a compliance officer examines the
contractor\'s affirmative action efforts and employment practices. The
OFCCP also investigates complaints filed by individuals alleging
employment discrimination on the basis of race, color, sex, religion,
nation origin, disability or status as a protected veteran.

The OFCCP encourages voluntary compliance and provides technical
assistance regarding the requirements of the equal employment
opportunity laws that apply to more than 200,000 nonconstruction (supply
and service) and construction contractors and subcontractors. The OFCCP
maintains a national office in Washington, DC, six regional offices and
several district offices within each region throughout the United
States. See Appendix B for the addresses and phone numbers of key OFCCP
offices.

**OFCCP Responsibilities**

The OFCCP carries out its enforcement responsibilities by:

-   Offering technical assistance (such as this guide) to Federal
    contractors/subcontractors to help them understand regulatory
    requirements and the compliance evaluation process;

-   Conducting compliance evaluations and complaint investigations of
    Federal contractors\' and subcontractors' personnel policies and
    practices;

-   Forming linkage agreements between contractors/subcontractors and
    the Department of Labor\'s employment and training programs, outside
    organizations and recruitment sources to help employers identify and
    recruit qualified employees;

-   Negotiating agreements, including formal Conciliation Agreements
    with contractors and subcontractors found in violation of regulatory
    requirements;

-   Monitoring contractors\' and subcontractors' progress in fulfilling
    the terms of their conciliation agreements through periodic
    compliance reports;

-   And when necessary, recommending enforcement actions to the
    Solicitor of Labor.

**Overview of Laws Administered by OFCCP**

The OFCCP is responsible for enforcing Federal laws and regulations
which prohibit discrimination and require Federal contractors and
subcontractors to take affirmative action to ensure that all individuals
have an equal opportunity for employment without regard to race, color,
religion, sex, national origin, disability or status as a protected
veteran. The OFCCP is responsible for administering:

-   ***Executive Order 11246***, as amended, , which prohibits
    discrimination and requires affirmative action to ensure equal
    employment opportunity without regard to race, color, sex, religion
    and/or national origin; and the implementing regulations at ***41
    CFR Parts 60-1 through 60-50***. Generally, all contractors and
    subcontractors holding non-exempt Federal and federally assisted
    construction contracts and subcontracts exceeding \$10,000 must
    comply with Executive Order 11246. The regulations implementing the
    Executive Order establish different affirmative action requirements
    for construction and nonconstruction (supply and service)
    contractors. While all covered Government contractors and
    subcontractors, both construction and nonconstruction, are required
    to take affirmative action, nonconstruction (supply and service)
    contractors that meet the 50 employee/\$50,000 contract thresholds
    are required to develop and maintain a written Executive Order 11246
    affirmative action program.

-   ***Section 503 of the Rehabilitation Act of 1973***, ***as amended,
    (Section 503)***, which prohibits discrimination and requires
    affirmative action in all personnel practices for qualified
    individuals with disabilities; and the implementing regulations at
    ***41 CFR Part 60-741***. These requirements apply to contractors
    and subcontractors with a covered Federal contract or subcontract
    valued in excess of \$10,000. In addition, the regulations
    implementing Section 503 require that covered contractors and
    subcontractors with a Government contract or subcontract of \$50,000
    or more and 50 or more employees develop and maintain a written
    Section 503 affirmative action program.

-   ***The affirmative action provisions of the Vietnam Era Veterans\'
    Readjustment Assistance Act of 1974***, ***as amended, 38 U.S.C.
    4212 (VEVRAA),*** which prohibits discrimination and requires
    affirmative action in all personnel practices for special disabled
    veterans, veterans of the Vietnam era, and any other veterans who
    served on active duty during a war or in a campaign or expedition
    for which a campaign badge has been authorized; and the implementing
    regulations at ***41 CFR Part 60-250***[^1]. These requirements
    apply to contractors and subcontractors with a covered Federal
    contract or subcontract of \$25,000 or more. In addition, the
    regulations implementing VEVRAA require that covered contractors and
    subcontractors with a Government contract or subcontract of \$50,000
    or more and 50 or more employees develop and maintain a written
    VEVRAA affirmative action program.

    OFCCP shares enforcement responsibilities with other Federal
    agencies in the administration of the following laws:

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-   ***Immigration Reform and Control Act of 1986 (IRCA),*** requires
    employers to keep certain records (I-9 forms) for the U.S.
    Immigration and Naturalization Service which verify their
    employees\' eligibility to work in the U.S. (i.e., proof of
    citizenship or authorization to work).

-   ***Title I of the Americans with Disabilities Act of 1990 (ADA)***,
    prohibits employment discrimination by employers with 15 or more
    employees against qualified individuals with disabilities. The Equal
    Employment Opportunity Commission (EEOC) has primary authority for
    enforcing the ADA, but OFCCP is authorized to act as EEOC\'s agent
    in processing and investigating ADA complaints falling within the
    overlapping jurisdiction of Section 503 and Title I of the ADA.

-   ***Title VII of the Civil Rights Act of 1964***, as amended,
    prohibits employment discrimination on the basis of race, color,
    national origin, sex and religion. In many instances, employment
    discrimination claims against a government contractor can be brought
    under both Executive Order 11246 and Title VII. While EEOC has
    primary authority for enforcing Title VII, as a result of an April
    1999 Memorandum of Understanding, OFCCP is authorized to act as
    EEOC's agent in processing, investigating and resolving the Title
    VII component of complaints filed with OFCCP under Executive Order
    11246 that allege discrimination of a systemic or class nature on
    the basis of race, color, national origin, sex or religion.

Commonly Asked Questions

+-----------------------+----------------------------------------------+
| ***Which construction | -   A construction contractor or             |
| contractors and       |     subcontractor is covered under to        |
| subcontractors are    |     Executive Order 11246 if they have:      |
| subject to OFCCP      |                                              |
| administered laws?*** | ```{=html}                                   |
|                       | <!-- -->                                     |
|                       | ```                                          |
|                       | -   A Federal construction contract or       |
|                       |     subcontract of over \$10,000;            |
|                       |                                              |
|                       | -   A federally assisted construction        |
|                       |     contract or subcontract of over          |
|                       |     \$10,000;                                |
|                       |                                              |
|                       | -   A construction contract or subcontract   |
|                       |     of over \$10,000 with a Federal          |
|                       |     nonconstruction contractor or            |
|                       |     subcontractor, if the construction       |
|                       |     contract/subcontract is necessary in     |
|                       |     whole or in part to the performance of   |
|                       |     the Federal nonconstruction contract or  |
|                       |     subcontract; or                          |
|                       |                                              |
|                       | -   Multiple Federal construction contracts  |
|                       |     or subcontracts of less than \$10,000    |
|                       |     that, when added together total more     |
|                       |     than \$10,000 within any 12 month period |
|                       |     or can reasonably be expected to total   |
|                       |     more than \$10,000 during that time.[^2] |
|                       |                                              |
|                       | ```{=html}                                   |
|                       | <!-- -->                                     |
|                       | ```                                          |
|                       | -   A construction contractor or             |
|                       |     subcontractor is covered under Section   |
|                       |     503 if they have a construction          |
|                       |     contract/subcontract in excess of        |
|                       |     \$10,000.                                |
|                       |                                              |
|                       | ```{=html}                                   |
|                       | <!-- -->                                     |
|                       | ```                                          |
|                       | -   A construction contractor or             |
|                       |     subcontractor is covered under VEVRAA if |
|                       |     they have a construction                 |
|                       |     contract/subcontract of \$25,000 or      |
|                       |     more.                                    |
|                       |                                              |
|                       | Federally assisted construction contracts    |
|                       | and subcontracts are covered under the       |
|                       | Executive Order only, and not under either   |
|                       | Section 503 or VEVRAA.                       |
|                       |                                              |
|                       | Federal and federally assisted construction  |
|                       | contractors and subcontractors who are       |
|                       | subject to OFCCP requirements have a         |
|                       | contractual obligation to comply with the    |
|                       | applicable OFCCP-administered laws governing |
|                       | equal employment opportunity and affirmative |
|                       | action. **Additionally, covered contractors  |
|                       | and subcontractors must comply with these    |
|                       | regulations at all work sites. For example,  |
|                       | a company with a Federal construction        |
|                       | contract in California must not only comply  |
|                       | with OFCCP requirements at the California    |
|                       | work site where the Federal contract work is |
|                       | being done, but must also comply with the    |
|                       | OFCCP requirements at all of the company's   |
|                       | work sites throughout the United States.**   |
+-----------------------+----------------------------------------------+

+-----------------------+----------------------------------------------+
| ***Are construction   | Yes. A \"Notice of Requirement for           |
| contractors' EEO and  | Affirmative Action To Ensure Equal           |
| affirmative action    | Employment Opportunity (Executive Order      |
| obligations specified | 11246)\" is to be included in the bid        |
| in the contract       | solicitations for all Federal and federally  |
| documents?***         | assisted construction contracts and          |
|                       | subcontracts in excess of \$10,000. The      |
|                       | Notice, which is published at 41 CFR 60-4.2, |
|                       | informs the contractor/bidder of the         |
|                       | affirmative action requirements imposed      |
|                       | under Executive Order 11246, including the   |
|                       | specified goals for minority and female      |
|                       | participation.                               |
|                       |                                              |
|                       | The construction contractor's EEO and        |
|                       | affirmative action obligations are also      |
|                       | specified in the Government contract. Every  |
|                       | covered Government construction contract and |
|                       | subcontract must contain the equal           |
|                       | opportunity clause found at 41 CFR           |
|                       | 60-1.4(a), which specifies the obligations   |
|                       | imposed under Executive Order 11246. Covered |
|                       | federally assisted construction contracts    |
|                       | and subcontracts must incorporate the equal  |
|                       | opportunity clause found at 41 CFR           |
|                       | 60-1.4(b). In addition, covered construction |
|                       | contracts and subcontracts must incorporate  |
|                       | the equal opportunity clauses found at 41    |
|                       | CFR 60-250.5 and 60-741.5, which contain the |
|                       | obligations imposed under VEVRAA and Section |
|                       | 503.                                         |
|                       |                                              |
|                       | These equal opportunity clauses may be       |
|                       | expressly included in each contract or       |
|                       | subcontract or incorporated by reference.    |
|                       | Importantly, the equal opportunity clauses   |
|                       | are deemed to be a part of every covered     |
|                       | construction contract and subcontract even   |
|                       | if they are not physically incorporated in   |
|                       | the contract documents.                      |
|                       |                                              |
|                       | In addition to the equal opportunity         |
|                       | clauses, Federal and federally assisted      |
|                       | construction contracts and subcontracts in   |
|                       | excess of \$10,000 must include the          |
|                       | \"Standard Federal Equal Employment          |
|                       | Opportunity Construction Contract            |
|                       | Specifications,\" which are found at 41 CFR  |
|                       | 60-4.3. The specifications describe the      |
|                       | affirmative action obligations and set forth |
|                       | the specific affirmative action steps the    |
|                       | construction contractor must implement in    |
|                       | order to make a good faith effort to achieve |
|                       | the goals for minority and female            |
|                       | participation that were listed in the bid    |
|                       | solicitation.                                |
+-----------------------+----------------------------------------------+

**Note: In the following sections of the Technical Assistance Guide, the
term "contract" generally refers to both a *contract and subcontract;*
the term "subcontract" generally is not used unless it is necessary to
the context. Similarly, the terms "contractor" and "construction
contractor" include *subcontractors and construction subcontractors,* as
well, unless specified otherwise.**

Overview of Construction Contractor Responsibilities

Covered Federal construction contractors must comply with Executive
Order 11246, Section 503, and VEVRAA, while federally assisted
construction contractors must comply with Executive Order 11246 only.

To comply with Executive Order 11246, contractors must demonstrate good
faith efforts to meet their affirmative action goals for the employment
of minorities and women in the construction industry. In order to take
into account the fluid and temporary nature of the construction
workforce, OFCCP does not require construction contractors to develop
written affirmative action programs. Instead, OFCCP has established the
utilization goals based on civilian labor force participation rates, and
has outlined in the regulations good faith steps for construction
contractors to follow.

The goals by geographic area are determined by the Deputy Assistant
Secretary, OFCCP, and are issued pursuant to 41 CFR 60-4.6. A "Notice of
Requirement for Affirmative Action to Ensure Equal Employment
Opportunity" is to be included in the bid specifications for all Federal
and federally assisted construction contracts and subcontracts in excess
of \$10,000. The Notice sets forth the goals for minority and female
participation. The goals are expressed as a percentage of the hours
worked by the contractor\'s aggregate workforce in each trade on all
construction work performed in the geographic area, regardless whether
the work is Federal, federally assisted or non-federal. Where a
contractor performs construction work in a geographic area located
outside the geographic area in which it has a covered contract, it shall
apply the goals established for the geographic area where the work is
actually performed. Goals in the second area also are applicable to both
federally involved and nonfederally involved construction work. See the
example in (b) below.

**(a) Goals for Women:** The current goal for the utilization of women
is 6.9% of work hours and applies to all of a contractor\'s construction
sites regardless of where the Federal or federally assisted contract is
being performed. This goal was originally published in the Federal
Register of April 7, 1978, 43 FR 14899, 14900, as Appendix A. Pursuant
to a Notice published in the Federal Register of December 30, 1980, 45
FR 85750, 85751, the 6.9% goal was extended indefinitely. A typed
transcript of this Federal Register notice appears in Appendix E of this
Guide.

**(b) Minority Group Goals:** Current goals for the utilization of
minorities were published in the Federal Register of October 3, 1980, 45
FR 65979, 65984, as Appendix B-80. A typed transcript of this Federal
Register notice appears in Appendix E of this Guide. Minority goals are
formulated in terms of work hours performed in a specific Standard
Metropolitan Statistical Area (SMSA) or Economic Area (EA). For example,
ABC Company has a Federal contract for construction work in SMSA X. The
goals for SMSA X apply to all of ABC\'s construction work in SMSA X,
both the federally involved and the nonfederally involved construction
work. In addition, if ABC Company performs construction work in SMSA Y,
it would apply the SMSA Y goals to all its construction work in SMSA Y,
whether or not it had a Federal or federally assisted contract in SMSA
Y. Although SMSAs were realigned into Metropolitan Statistical Areas
(MSAs) as a result of the 1980 census, construction goals continue to be
based on SMSAs.

**These goals are not a subterfuge for quotas.** Quotas are expressly
forbidden by law. Affirmative action goals under Executive Order 11246
are targets for recruitment and outreach and should be reasonably
attainable by means of applying good faith efforts. The standard of
compliance is good faith. Numerical goals do not create guarantees for
specific groups, nor are they designed to achieve proportional
representation or equal results.

As stated above, construction contractors are **not** required to
develop written Executive Order affirmative action programs. In lieu of
a written affirmative action program, the regulations enumerate the good
faith steps covered construction contractors must take in order to
increase the utilization of minorities and women in the skilled trades.
These sixteen requirements are discussed in the *Standard Federal Equal
Employment Opportunity Construction Contract Specifications* (Executive
Order 11246). Construction contractors must document the steps and
actions that they take to ensure that these requirements are met. **The
specifications are included in covered Federal or federally assisted
construction contracts and subcontracts. The specifications are deemed
incorporated in all covered contracts by operation of the Executive
Order regardless of whether they are incorporated in the solicitation or
contract and regardless of whether the contract is written.**

Depending on the size of the construction contractor and the type of
relationship it has with the Federal Government, covered construction
contractors may have additional responsibilities, such as the following:

a)  Including the provisions of the applicable Executive Order 11246,
    Section 503 and VEVRAA equal employment opportunity clauses in
    subcontracts and purchase orders;

b)  Notifying OFCCP about any construction subcontract awards in excess
    of \$10,000 that are made under covered Federal or federally
    assisted construction contracts;

c)  Complying with personnel record retention requirements;

d)  Completing and submitting the annual EEO report, Standard Form 100
    (also known as the "EEO-1 report"), if the construction contractor
    or subcontractor has 50 or more employees and a covered contract or
    subcontract of \$50,000 or more;

e)  Complying with the "Uniform Guidelines on Employee Selection
    Procedures", which are published at 41 CFR Part 60-3.

f)  Maintaining a written affirmative action program for qualified
    individuals with disabilities, qualified special disabled veterans,
    veterans of the Vietnam Era, and other protected veterans if the
    contractor has 50 or more employees and a non-exempt Government
    contract or subcontract of \$50,000 or more;

g)  Completing and submitting the Federal Contractor Veterans'
    Employment Report using Form VETS-100; and

h)  Complying with the Immigration Reform and Control Act of 1986.

Each of the affirmative action program specifications and additional
compliance requirements for construction contractors are detailed on the
following pages.

**Sixteen EEO and Affirmative Action Requirements**

The *Standard Federal Equal Employment Opportunity Construction Contract
Specifications* (Executive Order 11246), which are published at 41 CFR
60-4.3, require federally-involved construction contractors with a
construction contract in excess of \$10,000 to take affirmative action
steps that are at least as extensive as the 16 affirmative action steps
listed in the Specifications. The 16 steps are summarized below. Actions
that covered construction contractors are required to take to comply
with the steps are included. Examples of suggested or alternative
actions that would enable a contractor to comply with the specifications
are also listed. The examples listed should not be viewed as being the
only possible ways to comply with these specifications. Also, depending
on the situation, a contractor may need to take more than one action to
comply with the particular specification, as well as take actions that
are not specifically listed below.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #1]{.smallcaps}**   

        Contractors and subcontractors must maintain a work environment 
        free of harassment, intimidation, and coercion at all sites and 
        in all facilities at which the contractor's employees are       
        assigned. (41 CFR 60-4.3(a)7.a.)                                
  ----- --------------------------------------------------------------- --

Contractors must also take specific steps to ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of
and carry out the company's contractual obligation to maintain such a
working environment, with specific attention to minorities and women
working at all work sites and facilities.

***Examples of Actions That Demonstrate Compliance:***

-   Contractors may produce and distribute copies of policy statements
    prohibiting harassment to all employees.

-   EEO policy statements must be posted at all construction job sites
    and may be posted at other facilities of the contractor as well.

-   Contractors may give supervisory personnel and other employees
    memoranda and other written instructions addressing the need to
    maintain a work environment free of harassment, intimidation, and
    coercion. Copies of such written materials should be retained.

-   Contractors may hold meetings to inform supervisory personnel of
    their duty to carry out the contractor's obligation to maintain a
    workplace free of harassment, intimidation, or coercion. Minutes or
    other records of such meetings should be retained.

-   Contractors that assign more than one woman to each construction
    project should retain records of such assignments.

-   Contractors may develop formal procedures to handle complaints of
    harassment and maintain records of such complaints and how the
    company handled them.

-   Contractors' EEO Officers may prepare and retain reports, diaries,
    analyses, etc., of specific efforts made to monitor the work
    environment for the presence of any forms of harassment,
    intimidation, or coercion, such as: verbal, visual or written abuse;
    physical aggressiveness; assigning women and/or minorities to more
    difficult or dangerous work than men/non-minorities; or sabotaging
    of individual's work.

-   Contractors may provide harassment awareness training to supervisors
    or employees. Contractors should retain records of such training
    which indicate the dates of the training, the names of those
    conducting the training, the names of those attending the training,
    and a copy or description of the training materials.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #2]{.smallcaps}**   

        Contractors and subcontractors must establish and maintain      
        current lists of minority and female 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. (41 CFR      
        60-4.3(a)7.b.)                                                  
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Recruitment sources should include the state employment offices
    serving the recruitment areas for the company's construction
    projects, and may also include organizations such as the Job Corps,
    Urban League, YWCA, National Association of Women in Construction,
    Neighborhood Youth Corps, Equal Opportunity Programs, Inc., National
    Organization of Women, LULAC, and Aspira, and others. In addition,
    local community organizations are extremely effective as
    employer/employee linkage resources.

-   Contractors may maintain files of letters to minority and female
    recruitment sources announcing the employment opportunities and
    application procedures. In order to maintain a record of recruitment
    organizations' responses, contractors may retain any written
    responses received from the sources or log or otherwise record the
    responses.

-   An applicant flow log may be used by contractors to identify
    employment solicitations and referrals, and to track the results of
    the applications. Applicant flow documentation should include copies
    of correspondence from recruitment sources, copies of job
    announcements from state employment offices, and copies of notes,
    diaries, phone logs and/or other written records of contacts with
    recruitment organizations.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #3]{.smallcaps}**   

        Contractors and subcontractors must maintain current files      
        containing the names, addresses and telephone numbers of each   
        minority or female off-the-street applicant and minority or     
        female referral from a union, recruitment source or community   
        organization and of what action was taken with respect to each  
        individual. Occasionally, contractors/subcontractors will send  
        individuals to the union hiring hall for referral back to the   
        contractor. If the union did not refer the individual to the    
        contractor **or** if the individual was referred but was not    
        hired, the contractor/subcontractor must keep a record of all   
        actions taken, along with the reasons why the referral or       
        hiring did not occur. (41 CFR 60-4.3(a)7.c.)                    
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors should establish files that show the names, addresses,
    telephone numbers and trades of each minority and female applicant
    and referral.

-   In addition to an applicant flow log, contractors may wish to note
    on the actual employment application forms what action was taken
    with respect to each applicant and the reason for non-hire.

-   Where an applicant has been referred to the union for referral back
    to the contractor, contractors should document this action and its
    results or any follow-up contacts made with the applicant or the
    union.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #4]{.smallcaps}**   

        Contractors and subcontractors must immediately notify the      
        Deputy Assistant Secretary in writing when the union or unions  
        with which the contractor/subcontractor has a collective        
        bargaining agreement has not referred a woman or minority       
        individual sent by the contractor/subcontractor. Similarly,     
        contractors/subcontractors must notify OFCCP when the           
        contractor/subcontractor has other information that the union   
        referral process has impeded the contractor's efforts to meet   
        its EEO and affirmative action obligations. (41 CFR             
        60-4.3(a)7.d.)                                                  
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors should keep copies of all letters to and from the
    unions, minutes of meetings, etc., related to any claims that the
    union has impeded the company's efforts to comply with its EEO
    obligations.

-   Contractors should also keep copies of any letters sent to the OFCCP
    that contain claims of non-referral or claims that a union has
    impeded the contractor's efforts to comply with EEO obligations.

    ***Note:** Neither the provisions of a 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 the contract
    specifications, Executive Order 11246, as amended, or the applicable
    regulations (see 41 CFR 60-4.3(a)5.).*

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #5]{.smallcaps}**   

        Contractors and subcontractors must develop on-the-job training 
        opportunities or participate in training programs for the job   
        area(s) which expressly include minorities and women.           
        Contractors' actions must include upgrading programs,           
        apprenticeships and trainee programs relevant to the            
        contractor's employment needs, especially those programs        
        approved by the Department of Labor. Contractors and            
        subcontractors must provide notice of these training            
        opportunities and job programs to recruitment sources, state    
        employment offices and other referral sources that the          
        contractor/subcontractor has compiled under *Specification 2*   
        above. (41 CFR 60-4.3(a)7.e.)                                   
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors may maintain records of employees' participation in
    training programs, including those that are approved or funded by
    the Department of Labor's Bureau of Apprenticeship and Training.

-   Contractors may document any contributions of cash, equipment or
    personnel provided in support of training or apprenticeship
    programs.

-   Contractors may inform minority and female recruitment sources and
    schools of these programs in writing. Contractors should retain
    copies of any such letters.

+----+---------------------------------------------------------------+---+
|    | **[EEO and Affirmative Action Specification #6]{.smallcaps}** |   |
+----+---------------------------------------------------------------+---+
|    | Contractors and subcontractors must disseminate EEO policies  |   |
|    | by:                                                           |   |
|    |                                                               |   |
|    | -   Providing notice of the policies to unions and training   |   |
|    |     programs and requesting their cooperation and assistance  |   |
|    |     in meeting EEO obligations;                               |   |
|    |                                                               |   |
|    | -   Including EEO policy statements in all policy manuals and |   |
|    |     collective bargaining agreements;                         |   |
|    |                                                               |   |
|    | -   Publicizing these policies in company newsletters, the    |   |
|    |     annual report, etc.;                                      |   |
|    |                                                               |   |
|    | -   Specifically reviewing the policy with all management     |   |
|    |     personnel and with all minority and female employees at   |   |
|    |     least once a year; and,                                   |   |
|    |                                                               |   |
|    | -   Posting the EEO Policy on bulletin boards accessible to   |   |
|    |     all employees at each location where construction work is |   |
|    |     performed. (41 CFR 60-4.3(a)7.f.)                         |   |
+----+---------------------------------------------------------------+---+

***Examples of Actions That Demonstrate Compliance:***

-   In addition to including EEO policies in all policy manuals,
    contractors may include EEO policies in employee handbooks provided
    to each employee when they are hired (if such a handbook exists).

-   Copies of contractors' EEO policies should be posted on bulletin
    boards that are accessible to all employees at each location where
    construction work is performed.

-   Contractors should document discussions that it has with women and
    minority employees about EEO policies. For example, employees may be
    asked to sign a receipt for an employee handbook that contains EEO
    policies. Employees can be asked to sign a form at a new employee
    orientation indicating that the company's EEO policies have been
    reviewed with them.

-   Contractors may also keep copies of letters, memoranda and notices
    to unions and training programs notifying them of the contractor's
    EEO policies and requirements and requesting their assistance in
    meeting those obligations.

-   Contractors can keep a file containing company newsletters and
    annual reports which contain descriptions of EEO policies.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #7]{.smallcaps}**   

        At least once a year, contractors and subcontractors must       
        review EEO policies and affirmative action obligations (under   
        these specifications) with all employees having any             
        responsibility for hiring, assignment, layoff, termination or   
        other employment decisions. These EEO policies and affirmative  
        action obligations must be specifically reviewed with on-site   
        supervisory personnel such as superintendents, general foremen, 
        etc., prior to starting construction work at any job site.      
        Contractor/subcontractor personnel must maintain records that   
        identify the time and place of these meetings, persons          
        attending, subject matter discussed and disposition of the      
        subject matter. (41 CFR 60-4.3(a)7.g.)                          
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors should have written records (memoranda, diaries, minutes
    of meetings, etc.) that identify the time and place of these
    meetings, persons attending, subject matter discussed and
    disposition of the subject matter.

+----+---------------------------------------------------------------+---+
|    | **[EEO and Affirmative Action Specification #8]{.smallcaps}** |   |
+----+---------------------------------------------------------------+---+
|    | Contractors and subcontractors must disseminate EEO policies  |   |
|    | externally by including them in any advertising in the news   |   |
|    | media (including minority and female news media). Contractors |   |
|    | and subcontractors must also provide written notification to  |   |
|    | and discuss EEO policies with, other contractors and          |   |
|    | subcontractors with whom the contractor/subcontractor does or |   |
|    | anticipates doing business.                                   |   |
|    |                                                               |   |
|    | (41 CFR 60-4.3(a)7.h.)                                        |   |
+----+---------------------------------------------------------------+---+

***Examples of Actions That Demonstrate Compliance:***

-   Contractors should have copies of any employment advertisements or
    job announcements which specifically include the EEO "tagline." The
    tagline may state that the contractor is "an equal opportunity
    employer", or it may alternately state that all qualified applicants
    will receive consideration for employment without regard to race,
    color, religion, gender, or national origin. The tagline should
    appear in advertisements placed in media targeted towards minority
    and female readership.

-   Contractors should maintain copies of correspondence with
    subcontractors that notify them of EEO contractual obligations and
    the contractor's commitment to compliance.

-   Contractors should document meetings with construction industry
    associations and organizations where the Federal EEO and affirmative
    action contract obligations and methods for facilitating compliance
    have been discussed or acted upon.

+----+---------------------------------------------------------------+---+
|    | **[EEO and Affirmative Action Specification #9]{.smallcaps}** |   |
+----+---------------------------------------------------------------+---+
|    | Contractors and subcontractors must direct recruitment        |   |
|    | efforts, both oral and written, to minority, female and       |   |
|    | community organizations, to schools with minority and female  |   |
|    | students and to minority and female recruitment and training  |   |
|    | organizations serving the contractor's recruitment area and   |   |
|    | employment needs. Contractors/subcontractors must send notice |   |
|    | to its recruitment sources for women and minorities           |   |
|    | announcing acceptance of applications for apprenticeship or   |   |
|    | other training. This notice must be sent no later than one    |   |
|    | month before publication of apprenticeship and training       |   |
|    | announcements. Notices must describe the openings, screening  |   |
|    | procedures and tests to be used in the selection process.     |   |
|    |                                                               |   |
|    | (41 CFR 60-4.3(a)7.i.)                                        |   |
+----+---------------------------------------------------------------+---+

***Examples of Actions to Demonstrate Compliance:***

-   Contractors should have written records of contacts (such as written
    communications, telephone calls or personal meetings) with minority
    and female community organizations, recruitment sources, schools and
    training organizations. Records should specify the date of contact,
    individual contacted, results of the contact and any follow-up
    efforts.

-   Contractors should also document their contacts with local offices
    of the state employment service, Private Industry Council,
    vocational/technical schools or high schools with construction
    related training programs, Displaced Homemaker Programs, Urban
    League or OIC training and referral programs or other community
    based organizations.

-   If a union is responsible for acceptance into the training programs,
    contractors should ensure that information is obtained from the
    union on individuals who were referred from the recruitment
    sources/organizations that were accepted in the program.

-   Contractors should maintain records of written contacts to
    recruitment sources announcing training and apprenticeship
    opportunities. Recruitment sources must be notified one month before
    the company begins accepting applications.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #10]{.smallcaps}**  

        Contractors and subcontractors must encourage current minority  
        and female employees to recruit other minority persons and      
        women and, where reasonable, provide after school, summer and   
        vacation employment to minority and female youth both at the    
        work site and in other areas of the contractor's work force.    
        (41 CFR 60-4.3(a)7.j.)                                          
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors may have copies of diaries, telephone logs or memos
    indicating contacts (both written and oral) with minority and female
    employees requesting their assistance in recruiting other minorities
    and women, and records of the results. Contractors should
    specifically discuss recommendations for referral with minority and
    female trade employees.

-   Supervisors and crew leaders may keep a log of worker referrals from
    minority or female employees or recruitment sources.

-   Contractors that provide after-school, summer and vacation
    employment to minority and female youth should maintain records of
    such employment. Contractors may also retain on file any letters and
    other documentation of contact with recruitment sources or local
    state employment agencies regarding these youth employment programs.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #11]{.smallcaps}**  

        Contractors and subcontractors must validate all tests and      
        other selection requirements where there is an obligation to do 
        so under 41 CFR Part 60-3, the "Uniform Guidelines on Employee  
        Selection Procedures (1978)". (41 CFR 60-4.3(a)7.k.) Actions    
        for demonstrating compliance vary by the number of people       
        employed by the contractor. (41 CFR 60-3.15A(1)).               
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors with 100 or fewer employees should collect data to help
    determine if the test or selection requirement has a possible
    adverse impact on any race, sex, or ethnic group (see 41 CFR
    60-3.15A(1)). These contractors should maintain and have available
    records showing, for each year:

1)  The number of persons hired, promoted and terminated in each trade
    (e.g., carpenter, brick masons, concrete finishers, ironworkers,
    mechanics, equipment operators), by sex (gender), and where
    appropriate, by race and national origin[^3];

2)  The number of applicants for hire and promotion by trade and sex,
    and where appropriate, by race and national origin; and

3)  The selection procedures used (such as standardized testing or
    unstructured interviews and qualifications review) for each trade.

-   Contractors with more than 100 employees should maintain the records
    listed above and maintain records for each job that show whether the
    total selection process for each job has an adverse impact on either
    gender or on any of the following race and ethnic groups: Blacks,
    American Indians, Asians, Hispanics, and whites other than
    Hispanics. For guidance on adverse impact determinations, see
    Appendix B. Contractors should perform adverse impact analyses at
    least once a year for each group that comprises at least two percent
    of the labor force in the relevant area or two percent of the
    applicable workforce. Where a total selection process does adversely
    impact any of the above referenced groups, contractors should
    maintain and have available records showing which components of the
    selection process have an adverse impact. Records regarding
    individual components of the selection process should be collected
    for at least two years after the adverse impact has been eliminated.
    Contractors must validate selection procedures that have an adverse
    impact, in accordance with the Uniform Guidelines.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #12]{.smallcaps}**  

        At least once a year, contractors and subcontractors must       
        inventory and evaluate all minority and female personnel for    
        promotional opportunities. Contractors must also encourage      
        these employees to seek or prepare for, through appropriate     
        training, etc., promotional opportunities. (41 CFR              
        60-4.3(a)7.l.)                                                  
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors may keep written records (memoranda, letters, personnel
    files, etc.) showing promotional opportunities for women and
    minorities are reviewed annually.

-   Contractors may keep written records documenting that the
    participation of women and minorities in promotional opportunities
    is encouraged.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #13]{.smallcaps}**  

        Contractors and subcontractors must ensure that seniority       
        practices, job classifications, work assignments and other      
        personnel practices do not have a discriminatory effect, by     
        continually monitoring all personnel and employment related     
        activities to ensure that EEO policies and contractors'         
        obligations under the contract specifications are being carried 
        out. (41 CFR 60-4.3(a)7.m.)                                     
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors may use data collected under *Specification 11* to
    determine if seniority practices, job classifications, work
    assignments or other personnel practices have an adverse impact on
    women and minorities.

-   Contractors may wish to audit or examine existing personnel
    practices periodically or to convene an EEO task force when
    developing new personnel practices to ensure that EEO obligations
    are being adequately addressed and incorporated.

-   Contractors must ensure current policies are reviewed on a regular
    basis to identify factors that are not equally applied.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #14]{.smallcaps}**  

        Contractors and subcontractors must ensure that all facilities  
        and company activities are non-segregated except that separate  
        or single-user toilets and necessary changing facilities        
        designed to assure privacy between the sexes shall be provided. 
        (41 CFR 60-4.3(a)7.n.)                                          
  ----- --------------------------------------------------------------- --

The term "facilities" refers to waiting rooms, work areas, eating areas,
time clocks, rest rooms, washrooms, locker rooms, and other storage or
dressing areas, parking lots, drinking fountains, recreation or
transportation, and housing facilities provided for employees.

***Examples of Actions That Demonstrate Compliance:***

-   Contractors should offer adequate toilet and changing facilities to
    all employees to guarantee privacy between the sexes.

-   Contractors may compile documents (e.g., flyers, posters,
    announcements) indicating that information concerning parties,
    picnics and other company sponsored events has been disseminated
    equally to all employees.

+----+---------------------------------------------------------------+---+
|    | **[EEO and Affirmative Action Specification                   |   |
|    | #15]{.smallcaps}**                                            |   |
+----+---------------------------------------------------------------+---+
|    | Contractors and subcontractors must document and maintain     |   |
|    | records of all solicitations of offers for subcontracts from  |   |
|    | minority and female construction contractors and suppliers,   |   |
|    | including circulation of solicitations to minority and female |   |
|    | contractor associations and other business associations.      |   |
|    |                                                               |   |
|    | (41 CFR 60-4.3(a)7.o.)                                        |   |
+----+---------------------------------------------------------------+---+

***Examples of Actions That Demonstrate Compliance:***

-   Contractors should keep letters or other direct solicitations for
    subcontracts from minority or female contractors, with a record of
    the specific responses and any follow-up activities done to obtain
    price quotations.

-   Contractors may have a list of subcontracts they have awarded to
    minority or female contractors or suppliers, showing the dollar
    amounts involved.

-   Contractors should retain copies of solicitations sent to minority
    and women's contractor associations or other business associations
    and state or local governmental agencies.

  ----- --------------------------------------------------------------- --
        **[EEO and Affirmative Action Specification #16]{.smallcaps}**  

        At least once a year, contractors and subcontractors must       
        conduct a review of all supervisors' adherence to and           
        performance under the company's EEO policies and affirmative    
        action obligations. (41 CFR 60-4.3(a)7.p.)                      
  ----- --------------------------------------------------------------- --

***Examples of Actions That Demonstrate Compliance:***

-   Contractors may keep copies of performance evaluations, memoranda,
    letters, reports, minutes of meetings or interviews with supervisors
    and management personnel about their employment practices as they
    relate to EEO policy and affirmative action obligations.

-   Contractors should also compile any written evidence that
    supervisors and managers have been notified when their employment
    practices adversely or positively affected the company's EEO and
    affirmative action posture.

    **Additional Requirements**

+----+---------------------------------------------------------------+---+
|    | **[Additional Requirements - Contract Clauses]{.smallcaps}**  |   |
+----+---------------------------------------------------------------+---+
|    | Contractors or subcontractors with Federal construction       |   |
|    | contracts or subcontracts must include or reference the       |   |
|    | following clauses in certain (depending on dollar amount)     |   |
|    | subcontracts and purchase orders resulting from the contract: |   |
|    |                                                               |   |
|    | -   Executive Order 11246 equal opportunity clause;           |   |
|    |                                                               |   |
|    | -   Executive Order 11246 contract specifications clause;     |   |
|    |                                                               |   |
|    | -   VEVRAA equal opportunity clause; and                      |   |
|    |                                                               |   |
|    | -   Section 503 equal opportunity clause.                     |   |
|    |                                                               |   |
|    | Federally assisted construction contracts or subcontracts     |   |
|    | must include or reference the following clauses in certain    |   |
|    | (depending on dollar amount) subcontracts and purchase orders |   |
|    | resulting from the contract:                                  |   |
|    |                                                               |   |
|    | -   Executive Order 11246 equal opportunity clause; and       |   |
|    |                                                               |   |
|    | ```{=html}                                                    |   |
|    | <!-- -->                                                      |   |
|    | ```                                                           |   |
|    | -   Executive Order 11246 contract specifications clause.     |   |
+----+---------------------------------------------------------------+---+

***Explanation of Requirements:***

-   Federal construction contractors must include or reference
    provisions of the Executive Order 11246 equal opportunity clause
    shown in 41 CFR 60-1.4(a) in each subcontract or purchase order of
    more than \$10,000 per year resulting from the contract. Federally
    assisted construction contractors must include or reference
    provisions of the Executive Order 11246 equal opportunity clause
    shown in 41 CFR 60-1.4(b) in each subcontract or purchase order of
    more than \$10,000 per year resulting from the contract.

-   Whenever a contractor or subcontractor subcontracts a portion of the
    work involving any construction trade, the Specifications, including
    the sixteen EEO and affirmative action program requirements
    described above and the "Notice of Requirement for Affirmative
    Action to Ensure Equal Employment Opportunity" (41 CFR 60-4.2(d))
    containing the applicable goals for minority and female
    participation (see Page 5 of this Guide) must be included in
    subcontracts larger than \$10,000.

-   Regulations implementing the Vietnam Era Veterans' Readjustment
    Assistance Act of 1974, as amended (38 U.S.C. 4212), require that
    contractors include or reference the provisions of the equal
    opportunity clause for special disabled veterans and veterans of the
    Vietnam era (at 41 CFR 60-250.4) in each subcontract and purchase
    order for \$25,000 or more.[^4] Note: Contractors holding federally
    assisted contracts are not covered by VEVRAA, and are not required
    to include this clause.

-   Regulations implementing Section 503 of the Rehabilitation Act of
    1973, as amended, require that contractors include or reference the
    equal opportunity clause for individuals with disabilities (at 41
    CFR 60-741.5) in each subcontract and purchase order in excess of
    \$10,000. Note: Contractors holding federally assisted contracts are
    not covered by Section 503, and are not required to include this
    clause.

  ----- --------------------------------------------------------------- --
        **[Additional Requirements - Notification of                    
        Award]{.smallcaps}**                                            

        Contractors and subcontractors must notify OFCCP in writing     
        within 10 working days of the award of any construction         
        subcontract in excess of \$10,000 that is made under covered    
        Federal or federally-assisted construction contracts.           
        Contractors/subcontractors may fulfill this requirement by      
        notifying the nearest OFCCP district office.                    
  ----- --------------------------------------------------------------- --

***Explanation of Requirements:***

-   Per 60-4.2d(3), written notification must include:

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-   Name, address and telephone number of the subcontractor;

-   The subcontractor's employer identification number;

-   Estimated dollar amount of subcontract;

-   Estimated starting and completion dates of the subcontract; and

-   Geographic area in which the subcontract is to be performed.

+----+-----------------------------------------------------------+----+
|    | **[Additional Requirements - Recordkeeping]{.smallcaps}** |    |
+----+-----------------------------------------------------------+----+
|    | Contractors and subcontractors must keep records about    |    |
|    | their entire on-site construction trade work force within |    |
|    | each covered area in which they perform any construction  |    |
|    | work (both Federal and non-Federal).                      |    |
|    |                                                           |    |
|    | 41 CFR 60-4.3(a)14, 41 CFR 60-1.12(a)                     |    |
+----+-----------------------------------------------------------+----+

***Explanation of Requirements:***

-   A covered area (also referred to as a geographical area) is the area
    identified in the solicitation that generated the Federal or
    federally assisted construction contract or subcontract.

-   Any personnel or employment record made or kept by the contractor
    must be preserved. Federal construction contractors with 150 or more
    employees and a Government contract of at least \$150,000 must
    preserve such records for no less than two years from the date of
    making the record or the date the personnel action occurred,
    whichever is later. Federally assisted construction contractors, and
    Federal construction contractors with fewer than 150 employees or a
    Government contract of less than \$150,000, must retain such records
    for a minimum of one year from the date they were created or the
    date the personnel action occurred, whichever is later.

-   Relevant records include, but are not necessarily limited to,
    records pertaining to hiring, assignment, promotion, demotion,
    transfer, lay offs, terminations, rates of pay or other terms of
    compensation, selection for training and apprenticeship, results of
    physical examinations, job postings, job advertisements,
    applications, resumes, tests, test results, and job interview notes.

-   Contractors must keep records that include at a minimum for each
    employee the name, address, telephone number, social security
    number, race, gender, rate of pay, construction trade, job title
    (for example, equipment operator, apprentice trainee, laborer),
    dates of change in job status, hours worked per week in each
    indicated trade, locations at which the work was performed, union
    affiliation if any, and employee identification number if any. The
    records must be maintained in an easily understandable and
    retrievable form, however to the extent that existing records
    satisfy this requirement, contractors are not required to maintain
    separate records.

  ----- --------------------------------------------------------------- --
        **[Additional Requirements - EEO-1 Report]{.smallcaps}**        

        Contractors and subcontractors with 50 or more employees and    
        with a covered contract or subcontract of \$50,000 or more must 
        submit an annual EEO-1 Report (41 CFR 60-1.7a).                 
  ----- --------------------------------------------------------------- --

***Explanation of Requirements:***

-   The EEO-1 Report (which identifies employees in job categories by
    race and sex) is sent to the Joint Reporting Committee (JRC), which
    is comprised of representatives from the Department of Labor and the
    Equal Employment Opportunity Commission. Reports must be filed with
    the JRC by September 30.

-   Contractors that maintain a single establishment must only complete
    one EEO-1 Report yearly.

-   Contractors that maintain multiple establishments must file:

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-   One report covering the company's principal or headquarters office;

-   A separate report for each establishment employing 50 or more
    people;

-   A consolidated report for the entire company which includes all
    employees.

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-   To request EEO-1 Report forms (Standard Form 100), call (757)
    461-1213. The following two pages are a copy of a sample form.

![](media/image2.png){width="7.080555555555556in" height="9.35in"}

![](media/image3.png){width="7.080555555555556in" height="9.35in"}

+----+---------------------------------------------------------------+---+
|    | **[Additional Requirements - 503 and VEVRAA]{.smallcaps}**    |   |
+----+---------------------------------------------------------------+---+
|    | Covered Federal construction contractors and subcontractors   |   |
|    | must comply with the nondiscrimination and affirmative action |   |
|    | requirements of Section 503 and VEVRAA. Additionally,         |   |
|    | contractors and subcontractors holding a Federal contract of  |   |
|    | at least \$50,000 and having 50 or more employees must        |   |
|    | prepare a written affirmative action program for qualified    |   |
|    | individuals with disabilities, and a written affirmative      |   |
|    | action program for veterans of the Vietnam era and qualified  |   |
|    | special disabled veterans. The written affirmative action     |   |
|    | programs may be developed separately or combined.             |   |
|    |                                                               |   |
|    | *These requirements, from Section 503 of the Rehabilitation   |   |
|    | Act of 1973, as amended, and the Vietnam Era Veterans'        |   |
|    | Readjustment Act of 1974, as amended, **do not** apply to     |   |
|    | federally assisted construction contracts.*                   |   |
+----+---------------------------------------------------------------+---+

***Explanation of Requirement:***

-   *Equal opportunity clauses.* Federal contractors must include or
    reference the Section 503 equal opportunity clause in all
    subcontracts and purchase orders in excess of \$10,000. Federal
    contractors must include or reference the VEVRAA equal opportunity
    clause in all subcontracts and purchase orders of \$25,000 or more.

-   *Invitation to self-identify: individuals with disabilities.* For
    individuals with disabilities, the contractor shall, after making an
    offer of employment to a job applicant and before the applicant
    begins his or her employment duties, invite the applicant to inform
    the contractor whether the applicant believes that he or she may be
    protected by Section 503 and wishes to benefit under the
    contractor's Section 503 affirmative action program. For individuals
    with disabilities the contractor may invite self-identification
    prior to making a job offer only when:

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-   The invitation is made when the contractor actually is undertaking
    affirmative action for individuals with disabilities at the
    pre-offer stage; or

-   The invitation is made pursuant to a Federal, state or local law
    requiring affirmative action for individuals with disabilities.

> For further explanation of self-identification requirements, see 41
> CFR Part 60-741.42. There is a sample invitation to self-identify in
> Appendix B to 41 CFR Part 60-741.

-   *Invitation to self-identify: Vietnam era and special disabled
    veterans, and any other veterans.* The invitation to self-identify
    requirement for **special disabled veterans** mirrors the
    requirement for individuals with disabilities. Except in limited
    circumstances, the invitation is to be extended after an employment
    offer has been made and before the applicant begins work. The
    contractor may invite special disabled veterans to self-identify
    prior to making a job offer only when:

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-   The invitation is made when the contractor actually is undertaking
    affirmative action for special disabled veterans at the pre-offer
    stage; or

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-   The invitation is made pursuant to a Federal, state or local law
    requiring affirmative action for special disabled veterans at the
    pre-offer stage.

    The contractor must also invite applicants to inform the contractor
    whether the applicant believes that he or she is a **veteran of the
    Vietnam era** who may be protected under VEVRAA and wishes to
    benefit under the affirmative action program. The invitation to
    veterans of the Vietnam era veterans may be extended at any time
    before the applicant begins his or employment duties. The invitation
    to self-identify must inform the applicant that the request to
    benefit under the contractor's affirmative action program may be
    made immediately or at any time in the future.

    For further explanation of self-identification requirements, see 41
    CFR Part 60-250.42[^5]. There is a sample invitation to
    self-identify in Appendix A to 41 CFR Part 60-250.

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-   *Personnel Practices.* Contractors must review personnel practices
    to ensure that the qualifications of known protected veterans or
    individuals with disabilities are given proper consideration for job
    vacancies filled either by hiring or promotion, and for all training
    opportunities offered or available.

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-   If contractors find that any of these practices have been
    discriminatory, the practice must be changed and the change must be
    noted in the contractor's affirmative action program.

-   Individual personnel actions (including pre-employment testing)
    should also be carefully documented. Contractors should be able to
    provide records of every opening for which an individual with
    disabilities or protected veteran had been considered. Personnel
    records or employment application forms should identify a specific
    job opening. If a worker or an applicant who is an individual with a
    disability or a protected veteran was not selected, contractors
    should provide a comparison of the qualifications of the person
    selected with those of the individual with a disability or protected
    veteran. Records should also indicate what accommodations (if any)
    were considered to enable the disabled and veteran worker to perform
    the job.

-   Concerning protected veterans only, contractors may only use
    portions of a person's military record that are job-related.
    Contractors may not refuse to consider a protected veteran employee
    or applicant because of a less than honorable discharge unless the
    person received a dishonorable discharge.

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-   *Mental and Physical Job Requirements.* Contractors must review all
    mental and physical job requirements used in selection processes and
    in medical standards, information and qualifications.

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-   Examples of mental and physical job requirements include job
    descriptions containing phrases such as "must be able to lift 50
    pounds," or "carry heavy mail bags to and from the accounting
    department," or "must be able to tolerate heights." Other examples
    may include policy statements about desired weight, height, physical
    condition, vision, etc. of the employee.

-   If contractors have any requirements that might screen out an
    individual with a disability, the requirement can exist only if it
    relates specifically to the job for which the individual is being
    considered, it is consistent with a business necessity or is
    consistent with safe performance of the job.

-   Except in the following circumstances, it is unlawful under Section
    503 and the Americans with Disabilities Act of 1990, 42 U.S.C.
    12112(c), for contractors to require a medical examination of an
    applicant or employee or to make inquiries as to whether an
    applicant or employee is an individual with a disability or as to
    the nature or severity of such disability.

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-   The contractor may make pre-employment inquiries into the abilities
    of an applicant to perform job-related tasks, or may ask the
    applicant to describe or demonstrate how, with or without reasonable
    accommodation, they will be able to perform job-related functions.

-   The contractor may require a medical examination (and/or inquiry)
    after making an offer of employment to a job applicant and before
    the applicant begins his or her employment duties, and may condition
    an offer of employment on the results of such examination (and/or
    inquiry), if all entering employees in the same job category are
    subjected to such an examination (and/or inquiry) regardless of
    disability.

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```
-   *Reasonable Accommodation.* Contractors must provide reasonable
    accommodation to the known physical and/or mental limitations of
    applicants and employees with disabilities or special disabled
    veterans.

The term *reasonable accommodation* means:

(i) Modifications or adjustments to a job application process that
    enable a qualified applicant who is an individual with a disability
    or a special

> disabled veteran to be considered for the position such applicant
> desires;[^6] or

(ii) Modifications or adjustments to the work environment, or to the
     manner or circumstances under which the position held or desired is
     customarily performed, that enable a qualified individual with a
     disability or special disabled veteran to perform the essential
     functions of that position; or

(iii) Modifications or adjustments that enable the contractor's employee
      who is an individual with a disability or a special disabled
      veteran to enjoy equal benefits and privileges of employment as
      are enjoyed by the contractor's other similarly situated employees
      who are not individuals with disabilities or special disabled
      veterans.

-   *Reasonable accommodation* may include but is not limited to:

\(i\) Making existing facilities used by employees readily accessible to
and usable by individuals with disabilities and special disabled
veterans; and

\(ii\) Job restructuring; part-time or modified work schedules;
reassignment to a vacant position; acquisition or modifications of
equipment or devices; appropriate adjustment or modifications of
examinations, training materials, or policies; the provision of
qualified readers or interpreters; and other similar accommodations for
individuals with disabilities or special disabled veterans.

-   *Employment Practices Review.* Contractors must undertake
    appropriate outreach and recruitment activities that are reasonably
    designed to effectively recruit qualified individuals with
    disabilities, qualified special disabled veterans, veterans of the
    Vietnam era, and any other protected veterans. The extent to which a
    contractor needs to adopt outreach and recruitment efforts depends
    on all the circumstances, including the contractor's size and
    resources, and the extent to which existing employment practices are
    adequate. To comply with this requirement, a contractor may
    undertake practices such as the following:

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```
-   Contractors should develop a system of internal company
    communications that fosters acceptance and support of the
    affirmative action program within their company.

-   Contractors should develop a system of checks and audits to ensure
    that affirmative action measures are being fully implemented.

-   Contractors should actively recruit applicants who are individuals
    with disabilities and protected veterans through schools and
    training institutions, consumer groups, veterans employment
    representatives at state employment services, vocational training
    programs and any other sources that can provide support and
    assistance (e.g., a state vocational rehabilitation agency).

-   Contractors should include individuals with disabilities in
    consumer, promotional or recruitment advertising.

-   Contractors should secure the cooperation and understanding of
    subcontractors and unions, vendors and suppliers.

-   Contractors should review employees' records to see if their
    abilities are being fully used.

-   Contractors should review employees' records to determine who is
    eligible for promotion or transfer.

> ***Note:** This requirement is similar to [Reviewing Personnel
> Practices]{.underline}, but goes beyond demanding equal opportunity by
> requesting specific affirmative actions from contractors. This element
> also applies to a broader range of contractor activities.*

-   *Mandatory Job Listing.* Contractors are required under VEVRAA to
    list with the local State Employment Service all employment openings
    except executive and top management positions, those positions that
    will be filled from within the contractor's organization, and
    positions lasting three days or less. All employment openings
    includes full-time employment, temporary employment of more than
    three days' duration, and part-time employment. This requirement can
    be satisfied by listing pertinent employment openings with the
    America's Job Bank (AJB). Http://www.ajb.dni.us is the Internet
    address for the AJB.

  ----- --------------------------------------------------------------- --
        **[Additional Requirements - VETS 100 Report]{.smallcaps}**     

        Once a year, Federal Government contractors and subcontractors  
        covered under VEVRAA must compile a report of the numbers of    
        special disabled, Vietnam-era, and other war and campaign       
        veterans in their work force by job category and hiring         
        location.[^7] Contractors/subcontractors must also collect data 
        indicating the total number of employees and the number of      
        special disabled, Vietnam-era, and other eligible veterans      
        hired during the reporting period. Contractors and              
        subcontractors must use the VETS-100 form for this report.      
        *\[41 CFR Part 61-250\]*                                        
  ----- --------------------------------------------------------------- --

***Explanation of Requirements:***

-   The VETS-100 report must be completed by all Federal Government
    contractors and subcontractors holding a covered contract of
    \$25,000 or more.

-   Contractors or subcontractors with multiple work establishments must
    prepare a VETS-100 report for:

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```
-   The company's principal or headquarters office;

-   Each hiring location employing 50 or more persons; and

-   Each hiring location with less than 50 employees or consolidated
    reports for all hiring locations in each state.

For more information or to request VETS-100 Report forms, visit the
VETS-100 website at http://vets.dol.gov/vets100/, e-mail the VETS-100
staff at [HELPDESK@VETS100.com]{.underline}, call (703) 461-2460, or
write to:

U.S. Department Of Labor

Veterans\' Employment and Training Service

VETS-100 Reporting

6101 Stevenson Ave

Alexandria, VA 22304

A sample form currently in use as of the publication date of this Guide
is on the following page.

**FEDERAL CONTRACTOR VETERANS\' EMPLOYMENT REPORT VETS-100**

OMB NO:1293-0005 **RETURN COMPLETED REPORT TO:**

Expires 01-30-2001 U.S. DEPARTMENT OF LABOR

VETERANS\' EMPLOYMENT AND TRAINING SERVICE

VETS-100 REPORTING

Persons are not required to respond to this collection 6101 STEVENSON
AVE

of information unless it displays a valid OMB number ALEXANDRIA, VA
22304

+--------------------------------+-------------------------------------+
| **TYPE OF REPORTING            | **TYPE OF FORM** (Check only one)   |
| ORGANIZATION** (Check one or   |                                     |
| both as applicable)            | \[\] Single Establishment           |
|                                |                                     |
|  Prime Contractor             | \[\] Multiple                       |
|                                | Establishment-Headquarters          |
|  Subcontractor                |                                     |
|                                | \[\] Multiple Establishment-Hiring  |
|                                | Location                            |
|                                |                                     |
|                                | \[\] Multiple Establishment-State   |
|                                |                                     |
|                                | Consolidated (specify number of     |
|                                |                                     |
|                                | locations)                          |
|                                | \_\_\_\_\_\_\_\_\_\_\_\_.(MSC)      |
+--------------------------------+-------------------------------------+

**COMPANY IDENTIFICATION INFORMATION** (Omit if items preprinted above)

<table style="width:100%;">
<colgroup>
<col style="width: 47%" />
<col style="width: 26%" />
<col style="width: 7%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 1%" />
</colgroup>
<tbody>
<tr class="odd">
<td><em>COMPANY</em> <em>No:</em></td>
<td colspan="2"><em>TWELVE MONTH PERIOD ENDING</em></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td colspan="2"></td>
<td><em>M</em></td>
<td><em>M</em></td>
<td><em>D</em></td>
<td><em>D</em></td>
<td><em>Y</em></td>
<td><em>Y</em></td>
<td><em>Y</em></td>
<td><em>Y</em></td>
</tr>
<tr class="odd">
<td><blockquote>
<p><em>NAME OF PARENT COMPANY:</em></p>
</blockquote></td>
<td colspan="10"><em>ADDRESS (NUMBER AND STREET):</em></td>
</tr>
<tr class="even">
<td><em>CITY:</em></td>
<td><em>COUNTY:</em></td>
<td colspan="3"><em>STATE:</em></td>
<td colspan="6"><em>ZIP CODE:</em></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="10"></td>
</tr>
<tr class="even">
<td><em>NAME OF HIRING LOCATION:</em></td>
<td colspan="10"><em>ADDRESS (NUMBER AND STREET):</em></td>
</tr>
<tr class="odd">
<td><em>CITY:</em></td>
<td><em>COUNTY:</em></td>
<td colspan="3"><em>STATE:</em></td>
<td colspan="6"><em>ZIP CODE:</em></td>
</tr>
</tbody>
</table>

  -------- -- -- -- -- --------- -- -- ------- -- -- -- ------- -- -- -- -- ----------- -- -- ------- -- -- -- -- -- -- --
  *SIC:*               *DUNS:*         *---*            *---*               *EMPLOYER         *---*                     
                                                                            I.D. No.                                    
                                                                            (IRS TAX                                    
                                                                            No.)*                                       

  -------- -- -- -- -- --------- -- -- ------- -- -- -- ------- -- -- -- -- ----------- -- -- ------- -- -- -- -- -- -- --

***INFORMATION ON VETERANS***

+------+--------+-------+-------+-------+-------+--------+-----------+
| RE   |        |       |       |       |       |        |           |
| PORT |        |       |       |       |       |        |           |
| ALL  |        |       |       |       |       |        |           |
| REG  |        |       |       |       |       |        |           |
| ULAR |        |       |       |       |       |        |           |
| F    |        |       |       |       |       |        |           |
| ULL- |        |       |       |       |       |        |           |
| TIME |        |       |       |       |       |        |           |
| OR   |        |       |       |       |       |        |           |
| P    |        |       |       |       |       |        |           |
| ART- |        |       |       |       |       |        |           |
| TIME |        |       |       |       |       |        |           |
| E    |        |       |       |       |       |        |           |
| MPLO |        |       |       |       |       |        |           |
| YEES |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| NEW  |        |       |       |       |       |        |           |
| H    |        |       |       |       |       |        |           |
| IRES |        |       |       |       |       |        |           |
| WHO  |        |       |       |       |       |        |           |
| ARE  |        |       |       |       |       |        |           |
| V    |        |       |       |       |       |        |           |
| ETER |        |       |       |       |       |        |           |
| ANS, |        |       |       |       |       |        |           |
| AS   |        |       |       |       |       |        |           |
| DEF  |        |       |       |       |       |        |           |
| INED |        |       |       |       |       |        |           |
| ON   |        |       |       |       |       |        |           |
| REVE |        |       |       |       |       |        |           |
| RSE. |        |       |       |       |       |        |           |
| DATA |        |       |       |       |       |        |           |
| ON   |        |       |       |       |       |        |           |
| NU   |        |       |       |       |       |        |           |
| MBER |        |       |       |       |       |        |           |
| OF   |        |       |       |       |       |        |           |
| E    |        |       |       |       |       |        |           |
| MPLO |        |       |       |       |       |        |           |
| YEES |        |       |       |       |       |        |           |
| ARE  |        |       |       |       |       |        |           |
| TO   |        |       |       |       |       |        |           |
| BE   |        |       |       |       |       |        |           |
| ENT  |        |       |       |       |       |        |           |
| ERED |        |       |       |       |       |        |           |
| IN   |        |       |       |       |       |        |           |
| CO   |        |       |       |       |       |        |           |
| LUMN |        |       |       |       |       |        |           |
| L,   |        |       |       |       |       |        |           |
| M,   |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| N.   |        |       |       |       |       |        |           |
| DATA |        |       |       |       |       |        |           |
| ON   |        |       |       |       |       |        |           |
| NEW  |        |       |       |       |       |        |           |
| H    |        |       |       |       |       |        |           |
| IRES |        |       |       |       |       |        |           |
| ARE  |        |       |       |       |       |        |           |
| TO   |        |       |       |       |       |        |           |
| BE   |        |       |       |       |       |        |           |
| ENT  |        |       |       |       |       |        |           |
| ERED |        |       |       |       |       |        |           |
| IN   |        |       |       |       |       |        |           |
| COL  |        |       |       |       |       |        |           |
| UMNS |        |       |       |       |       |        |           |
| O,   |        |       |       |       |       |        |           |
| P,   |        |       |       |       |       |        |           |
| Q,   |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| R.   |        |       |       |       |       |        |           |
| ENT  |        |       |       |       |       |        |           |
| RIES |        |       |       |       |       |        |           |
| IN   |        |       |       |       |       |        |           |
| COL  |        |       |       |       |       |        |           |
| UMNS |        |       |       |       |       |        |           |
| O    |        |       |       |       |       |        |           |
| THR  |        |       |       |       |       |        |           |
| OUGH |        |       |       |       |       |        |           |
| R,   |        |       |       |       |       |        |           |
| L    |        |       |       |       |       |        |           |
| INES |        |       |       |       |       |        |           |
| 1    |        |       |       |       |       |        |           |
| THR  |        |       |       |       |       |        |           |
| OUGH |        |       |       |       |       |        |           |
| 9,   |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| COL  |        |       |       |       |       |        |           |
| UMNS |        |       |       |       |       |        |           |
| L,   |        |       |       |       |       |        |           |
| M,   |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| N,   |        |       |       |       |       |        |           |
| LINE |        |       |       |       |       |        |           |
| 10   |        |       |       |       |       |        |           |
| (    |        |       |       |       |       |        |           |
| GRAY |        |       |       |       |       |        |           |
| SH   |        |       |       |       |       |        |           |
| ADED |        |       |       |       |       |        |           |
| AR   |        |       |       |       |       |        |           |
| EAS) |        |       |       |       |       |        |           |
| ARE  |        |       |       |       |       |        |           |
| O    |        |       |       |       |       |        |           |
| PTIO |        |       |       |       |       |        |           |
| NAL. |        |       |       |       |       |        |           |
| *    |        |       |       |       |       |        |           |
| *ENT |        |       |       |       |       |        |           |
| RIES |        |       |       |       |       |        |           |
| IN   |        |       |       |       |       |        |           |
| CO   |        |       |       |       |       |        |           |
| LUMN |        |       |       |       |       |        |           |
| N,   |        |       |       |       |       |        |           |
| L    |        |       |       |       |       |        |           |
| INES |        |       |       |       |       |        |           |
| 1-9; |        |       |       |       |       |        |           |
| CO   |        |       |       |       |       |        |           |
| LUMN |        |       |       |       |       |        |           |
| Q,   |        |       |       |       |       |        |           |
| LINE |        |       |       |       |       |        |           |
| 10   |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| THE  |        |       |       |       |       |        |           |
| MAX  |        |       |       |       |       |        |           |
| IMUM |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| MIN  |        |       |       |       |       |        |           |
| IMUM |        |       |       |       |       |        |           |
| NU   |        |       |       |       |       |        |           |
| MBER |        |       |       |       |       |        |           |
| OF   |        |       |       |       |       |        |           |
| E    |        |       |       |       |       |        |           |
| MPLO |        |       |       |       |       |        |           |
| YEES |        |       |       |       |       |        |           |
| (A   |        |       |       |       |       |        |           |
| REAS |        |       |       |       |       |        |           |
| SH   |        |       |       |       |       |        |           |
| ADED |        |       |       |       |       |        |           |
| L    |        |       |       |       |       |        |           |
| IGHT |        |       |       |       |       |        |           |
| G    |        |       |       |       |       |        |           |
| RAY) |        |       |       |       |       |        |           |
| ARE  |        |       |       |       |       |        |           |
| OP   |        |       |       |       |       |        |           |
| TION |        |       |       |       |       |        |           |
| FOR  |        |       |       |       |       |        |           |
| 2000 |        |       |       |       |       |        |           |
| ONLY |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| WILL |        |       |       |       |       |        |           |
| BE   |        |       |       |       |       |        |           |
| REQU |        |       |       |       |       |        |           |
| IRED |        |       |       |       |       |        |           |
| FOR  |        |       |       |       |       |        |           |
| THE  |        |       |       |       |       |        |           |
| 2001 |        |       |       |       |       |        |           |
| R    |        |       |       |       |       |        |           |
| EPOR |        |       |       |       |       |        |           |
| TING |        |       |       |       |       |        |           |
| CYCL |        |       |       |       |       |        |           |
| E.** |        |       |       |       |       |        |           |
| DETA |        |       |       |       |       |        |           |
| ILED |        |       |       |       |       |        |           |
| INST |        |       |       |       |       |        |           |
| RUCT |        |       |       |       |       |        |           |
| IONS |        |       |       |       |       |        |           |
| ARE  |        |       |       |       |       |        |           |
| F    |        |       |       |       |       |        |           |
| OUND |        |       |       |       |       |        |           |
| ON   |        |       |       |       |       |        |           |
| THE  |        |       |       |       |       |        |           |
| REV  |        |       |       |       |       |        |           |
| ERSE |        |       |       |       |       |        |           |
| OF   |        |       |       |       |       |        |           |
| THIS |        |       |       |       |       |        |           |
| F    |        |       |       |       |       |        |           |
| ORM. |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| JOB  | NUMBER |       |       | NEW   |       |        |           |
|      | OF     |       |       | HIRES |       |        |           |
| CA   | EMP    |       |       | (PRE  |       |        |           |
| TEGO | LOYEES |       |       | VIOUS |       |        |           |
| RIES |        |       |       | 12    |       |        |           |
|      |        |       |       | MO    |       |        |           |
|      |        |       |       | NTHS) |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
|      | S      | VI    | OTHER | SP    | VI    | OTHER  | TOTAL NEW |
|      | PECIAL | ETNAM | VET   | ECIAL | ETNAM | VE     | HIRES,    |
|      | DI     | ERA   | ERANS | DIS   | ERA   | TERANS | BOTH      |
|      | SABLED | VET   |       | ABLED | VET   |        | VETERANS  |
|      | VE     | ERANS | \(N\) | VET   | ERANS | \(Q\)  |           |
|      | TERANS |       |       | ERANS |       |        | AND       |
|      |        | \(M\) |       |       | \(P\) |        | NON       |
|      | \(L\)  |       |       | \(O\) |       |        | -VETERANS |
|      |        |       |       |       |       |        | (R)       |
+------+--------+-------+-------+-------+-------+--------+-----------+
| O    |        |       |       |       |       |        |           |
| FFIC |        |       |       |       |       |        |           |
| IALS |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
|      |        |       |       |       |       |        |           |
| MANA |        |       |       |       |       |        |           |
| GERS |        |       |       |       |       |        |           |
| 1    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| P    |        |       |       |       |       |        |           |
| ROFE |        |       |       |       |       |        |           |
| SSIO |        |       |       |       |       |        |           |
| NALS |        |       |       |       |       |        |           |
| 2    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| TEC  |        |       |       |       |       |        |           |
| HNIC |        |       |       |       |       |        |           |
| IANS |        |       |       |       |       |        |           |
| 3    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| S    |        |       |       |       |       |        |           |
| ALES |        |       |       |       |       |        |           |
|      |        |       |       |       |       |        |           |
| WOR  |        |       |       |       |       |        |           |
| KERS |        |       |       |       |       |        |           |
| 4    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| OF   |        |       |       |       |       |        |           |
| FICE |        |       |       |       |       |        |           |
| AND  |        |       |       |       |       |        |           |
| CLER |        |       |       |       |       |        |           |
| ICAL |        |       |       |       |       |        |           |
| 5    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| C    |        |       |       |       |       |        |           |
| RAFT |        |       |       |       |       |        |           |
| WOR  |        |       |       |       |       |        |           |
| KERS |        |       |       |       |       |        |           |
|      |        |       |       |       |       |        |           |
| (    |        |       |       |       |       |        |           |
| SKIL |        |       |       |       |       |        |           |
| LED) |        |       |       |       |       |        |           |
| 6    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| O    |        |       |       |       |       |        |           |
| PERA |        |       |       |       |       |        |           |
| TIVE |        |       |       |       |       |        |           |
|      |        |       |       |       |       |        |           |
| (S   |        |       |       |       |       |        |           |
| EMI- |        |       |       |       |       |        |           |
| SKIL |        |       |       |       |       |        |           |
| LED) |        |       |       |       |       |        |           |
| 7    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| LABO |        |       |       |       |       |        |           |
| RERS |        |       |       |       |       |        |           |
|      |        |       |       |       |       |        |           |
| (UN  |        |       |       |       |       |        |           |
| SKIL |        |       |       |       |       |        |           |
| LED) |        |       |       |       |       |        |           |
| 8    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| SER  |        |       |       |       |       |        |           |
| VICE |        |       |       |       |       |        |           |
| WOR  |        |       |       |       |       |        |           |
| KERS |        |       |       |       |       |        |           |
| 9    |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+
| T    |        |       |       |       |       |        |           |
| OTAL |        |       |       |       |       |        |           |
| 10   |        |       |       |       |       |        |           |
+------+--------+-------+-------+-------+-------+--------+-----------+

Report the total maximum and minimum number of regular employees on
board during the period covered by this report.

  ----------------- ----------------- ----------------- -----------------
  Maximum Number                      Minimum           

  ----------------- ----------------- ----------------- -----------------

**FEDERAL CONTRACTOR VETERANS\' EMPLOYMENT REPORT (VETS-100)**

**[WHO MUST FILE]{.underline}**

The Vets-100 report is to be completed by all nonexempt federal
contractors and subcontractors with contracts or subcontracts for the
furnishing of supplies and services or the use of real or personal
property for \$25,000 or more. Services include but are not limited to
the following services: Utility, construction, transportation, research,
insurance, and fund depository, irrespective of whether the government
is the purchaser or seller. The existence of \$25,000 or more in federal
contracts or subcontracts during a given calendar year establishes the
requirement to file a VETS-100 Report during the following calendar
year.

**[WHEN TO FILE]{.underline}**

This annual report must be filed no later than September 30. Mail to the
address pre-printed on the front of the form.

**[LEGAL BASIS FOR REPORTING REQUIREMENTS]{.underline}**

Title 38, United States Code, Section 4212(d) and PL 105-339, require
that federal contractors report at least annually the numbers of: 1)
special disabled veterans, 2) veterans of the Vietnam era, and 3) other
veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized who are in
their workforce. Reporting is required by hiring location and includes
both the number employed and the number of new hires, within the three
categories listed above. The number of veterans employed within these
categories is to be broken out by job category and maximum and minimum
total employment is to be reported as well.

**[HOW TO SUBMIT THE VETS-100 REPORTS]{.underline}**

Single-establishment employers must file one completed form. All
multi-establishment employers, i.e., those doing business at more than
one hiring location, must file (A) one form covering the principal or
headquarters office: (B) a separate form for each hiring location
employing 50 or more persons: and (C) EITHER, (I) a separate form for
each hiring location employing fewer than 50 persons, OR (ii)
consolidated reports that cover hiring locations within one State that
have fewer than 50 employees. Each state consolidated report must also
list the name and address of the hiring locations covered by the report.
[Company consolidated reports such as those required by EEO-1 reporting
procedures are NOT required for the VETS-100 report.]{.underline}
Completed reports for the headquarters location and all other hiring
locations for each company should be mailed in one package to the
address indicated on the front of the form.

**[RECORD KEEPING]{.underline}**

Employers must keep copies of the completed annual VETS-100 report
submitted to DOL for a period of two years.

**[HOW TO PREPARE THE FORMS]{.underline}**

Multi-establishment employers submitting hard copy reports should
produce facsimile copies of the headquarters form for reporting data on
each location.

[Type of Reporting Organization]{.underline} Indicate the type of
contractual relationship (prime contractor or subcontractor) that the
organization has with the Federal Government. If the organization serves
as both a prime contractor and a subcontractor on various federal
contracts, check both boxes.

[Type of Form]{.underline} If a reporting organization submits only one
VETS-100 Report form for a single location, check the Single
Establishment box. If the reporting organization submits more than one
form, only one form should be checked as Multiple
Establishment-Headquarters. The remaining forms should be checked as
either Multiple Establishment-Hiring Location or Multiple
Establishment-State Consolidated. For state consolidated forms, the
number of hiring locations included in that report should be entered in
the space provided. For each form, only one box should be checked within
this block.

**COMPANY IDENTIFICATION INFORMATION**

[Company Number]{.underline} Do not change the Company Number that is
printed on the form. If there are any questions regarding your Company
Number, please call the VETS-100 staff at (703) 461-2460 or e-mail
VETS100@DYNCORP.COM.

[Twelve Month Period Ending]{.underline} Enter the end date for the
twelve month reporting period used as the basis for filing the VETS-100
Report. To determine this period, select a date in the current year
between July 1 and August 31 that represents the end of a payroll
period. That payroll period will be the basis for reporting Number of
Employees, as described below. Then the twelve month period preceding
the end date of that payroll period will be your twelve month period
covered. This period is the basis for reporting New Hires, as described
below. Any federal contractor or subcontractor who has written approval
from the Equal Employment Opportunity Commission to use December 31 as
the ending date for the EEO-1 Report may also use that date as the
ending date for the payroll period selected for the VETS-100 Report.

[Name and Address for Single Establishment Employers]{.underline}
COMPLETE the identifying information under the Parent Company name and
address section.

LEAVE BLANK all of the identifying information for the Hiring Location.

[Name and Address for Multi Establishment Employers]{.underline} **For
parent company headquarters location,** COMPLETE the name and address
for the parent company headquarters, LEAVE BLANK the name and address of
the Hiring Location. **For hiring locations of a parent company,**
COMPLETE the name and address for the Parent Company location, COMPLETE
the name and address for the Hiring Location.

[SIC Code, DUNS Number, and Employer ID Number]{.underline} Single
Establishment and Multi Establishment Employers should COMPLETE the SIC
Code, DUNS Number, and Employer ID Number as described below.

[SIC Code]{.underline} Enter the four (4) digit SIC Code applicable to
the hiring location for which the report is filed. If there is not a
separate SIC Code for the hiring location, enter the SIC Code for the
parent company.

[Dun and Bradstreet I.D. Number (DUNS)]{.underline} If the company or
any of its establishments has a Dun and Bradstreet Identification
Number, please enter the nine (9) digit number in the space provided. If
there is a specific DUNS Number applicable to the hiring location for
which the report is filed, enter that DUNS Number. Otherwise, enter the
DUNS number for the parent company.

> Employer I.D. Number (EIN) Enter the nine (9) digit numbers assigned
> by the I.R.S. to the contractor. If there is a specific EIN applicable
> to the hiring location for which the report is filed, enter that EIN.
> Otherwise, enter the EIN for the parent company.

**INFORMATION ON VETERANS**

[Number of Employees]{.underline} Select any payroll period ending
between July 1 and August 31 of the current year. Provide all data for
regular full-­time and part-time employees who were special disabled
veterans, Vietnam-era veterans, or other veterans employed as of the
ending date of the selected payroll period. Do not include employees
specifically excluded as indicated in 41 CFR 61-250.2(b)(2). Employees
must be counted by veteran status for each of the nine occupational
categories (Lines 1-9) in columns L, M and N. Blank spaces will be
considered zeros.

[New Hires]{.underline} Report the number of regular full-time and
part­-time employees by veteran status who were hired (both veterans and
non-veterans) and who were included in the payroll for the first time
during the 12-month period ending between July 1 and September 1 of the
current year. The totals in columns O, P and Q (Line 10) are required.
Enter all applicable numbers, including zeros.

[Maximum/Minimum Employees]{.underline} Report the maximum and minimum
number of regular employees on board during the period covered as
indicated by PL 105-339.

**[DEFINITIONS]{.underline}**:

[\'Hiring location\']{.underline} means an establishment as defined at
41 CFR 61 ­250.2(b).

[\'Special Disabled Veteran']{.underline} means (A) a veteran who is
entitled to compensation (or who but for the receipt of military retired
pay would be entitled to compensation) under laws administered by the
Department of Veterans\' Affairs for a disability (I) rated at 30
percent or more, or (ii) rated at 10 or 20 percent in the case of a
veteran who has been determined under Section 3106 of Title 38, U.S.C.
to have a serious employment handicap or (B) a person who was discharged
or released from active duty because of a service-connected disability.

['Veteran of the Vietnam-era']{.underline} means a person who: (A)
served in the military, ground, naval or air service of the United
States on active duty for a period of more than 180 days, and was
discharged or released therefrom with other than a dishonorable
discharge, if any part of such active duty occurred: (I) in the Republic
of Vietnam between February 28, 1961, and May 7, 1975; or (ii) between
August 5, 1964, and May 7, 1975, in all other cases; or (B) was
discharged or released from active duty for a service-connected
disability if any part of such active duty was performed (I) in the
Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii)
between August 5, 1964, and May 7, 1975, in all other cases.

[Other Veterans]{.underline} means veterans who served in the military,
ground, naval or air service of the United States on active duty during
a war or in a campaign or expedition for which a campaign badge has been
authorized. To identify the campaigns or expeditions that meet this
criterion, contact the Office of Personnel Management (OPM) and ask for
the OPM VETS Guide, Appendix B. A local OPM telephone number may be
found in the telephone book under Federal Government or consult
Directory Assistance for your area code for the nearest OPM location.
For those with Internet access, the information required to make this
determination is available at
http://www.opm.gov/veterans/html/vgmedal2.htm

Public reporting burden for this collection is estimated to average 30
minutes per response, including the time for reviewing instructions,
searching existing data source, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the burden
to the Department of Labor, Office of Information Management, Room
N-1301, 200 Constitution Avenue, NW, Washington D.C. 20210.

  ----- --------------------------------------------------------------- --
        **[Additional Requirements - I-9 Forms]{.smallcaps}**           

        Under the Immigration Reform and Control Act of 1986,           
        contractors and subcontractors must maintain I-9 forms to       
        verify that their employees are legally authorized to work in   
        the United States.                                              
  ----- --------------------------------------------------------------- --

***Explanation of Requirements:***

-   OFCCP will review contractors' records to verify the following
    actions have been performed to comply with this law:

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-   New employees must complete an I-9 form when they start work;

-   Contractors must check documents that indicate the employee's
    identity (e.g., driver's license, passport) and eligibility to work
    (e.g., work visa, social security card);

-   Contractors must properly complete the verification sections on the
    I-9 form;

-   Contractors must keep I-9 forms for at least three (3) years or at
    least one year after a person leaves the contractor's employment for
    employees who stay for more than three years; and

-   I-9 forms must be presented to INS or DOL investigators for
    inspection upon request.

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-   An I-9 form must be completed for all contractor employees hired
    after November 6, 1986, who were still employed with the company on
    June 1, 1987, and all employees who were hired on or after June
    1, 1987. The Immigration Reform and Control Act also prohibits
    discrimination. Under this law, contractors with four or more
    employees may not discriminate against any individual (other than an
    unauthorized alien) in hiring, discharging, or recruiting or
    referring for a fee because of that individual's national origin or,
    in the case of a citizen or intending citizen, because of his or her
    citizenship status. For more information concerning the
    anti-discrimination section of this law, write to the Office of the
    Special Counsel for Immigration-Related Unfair Employment Practices,
    P.O. Box 65490, Washington, DC 20035-5490. Contractors may also
    call (202) 307-1501 or 1-800-755-0777.

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-   I-9 forms may be ordered in bulk from the Superintendent of
    Documents, U.S. Government Printing Office, Washington, DC 20402.
    Contractors may also call (202) 783-3238. Requests for information
    and questions about the implementation of the Immigration Reform and
    Control Act can be directed to (202) 307-1501.

**Preparing for a Compliance Evaluation**

The OFCCP conducts compliance evaluations to determine:

-   Whether a contractor's affirmative action efforts comply with
    regulatory requirements;

-   Whether a contractor has demonstrated good faith efforts in meeting
    its affirmative action requirements;

-   Whether a contractor's employment policies and practices are free of
    discriminatory intent or impact;

-   Whether a contractor has provided reasonable accommodation to
    qualified individuals with disabilities;

-   Whether a contractor needs technical assistance to understand the
    evaluation process or to ensure that its affirmative action efforts
    are complete and effective; and

-   How to best remedy any discriminatory practices or regulatory
    violations.

When contractors are notified of a compliance evaluation, they are given
an overview of the procedures that OFCCP will use to conduct the
evaluation. OFCCP compliance officers from regional and district offices
will conduct the evaluation. Contractors should make sure that an
officer of the company who is empowered to make and discuss policy and
to make commitments for corrective action, where necessary, is present
during the evaluation.

Contractors can prepare for a compliance evaluation by conducting a
self-audit as a component of the affirmative action development process,
or responding to inquiries likely to be asked by an OFCCP compliance
officer during a evaluation. OFCCP compliance officers may ask to see
documented evidence of a contractor's compliance efforts in the
following areas:

# Audit of Affirmative Action Specifications

-   Does the contractor have written documentation of its efforts to
    comply with each of the 16 EEO and affirmative action specifications
    shown in the previous section of this Guide?

## External Dissemination of Policy

-   Has the contractor conspicuously displayed the required EEO poster
    (available from any OFCCP office) at each work site or company
    location in areas accessible to both applicants and employees?

-   Do the contractor's contracts and purchase order forms display or
    reference the equal opportunity clauses as required?

Internal Dissemination of Policy

-   At the start of each new job, has the contractor reviewed its EEO
    policy and affirmative obligations with all on-site supervisory and
    management personnel? Has the contractor kept records of these
    reviews?

-   Have employees been informed of the contractor's commitment to equal
    employment opportunity for all persons, without regard to religion
    or national origin?

## Community Relations

 What is the equal employment opportunity image of the facility in the
community?

## 

## Audit of Personnel Operations

-   Does the facility have written personnel policies and procedures?
    Have these policies and practices had an adverse impact on
    minorities, women, qualified individuals with disabilities,
    qualified special disabled veterans, veterans of the Vietnam era, or
    other protected veterans?

-   Are job descriptions in written form? Are job criteria objective and
    job-related?

## Maintenance of Records

-   Does the contractor maintain proper applicant flow records?

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-   Does the contractor maintain proper records about terminations and
    separations?

-   Does the contractor maintain a system for identifying minority and
    female applicants and applicants who are individuals with
    disabilities and protected veterans for future consideration?

    Validation

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-   Are written employment tests used by the contractor? If so, does the
    use of the test have an adverse impact on the hiring of minorities,
    or women? Have tests been validated to ensure that they are valid
    predictors of an applicant's success in that position?

## Directing Recruitment Efforts

-   What recruitment sources are used by the contractor? Do these
    sources refer women, minorities, qualified individuals with
    disabilities, qualified special disabled veterans and veterans of
    the Vietnam era?

## Effect of Personnel Practices 

 Are applicant processing procedures carried out in a uniform,
nondiscriminatory fashion?

 Is there a disparity between the separation and termination rate of
minorities and women as compared to non-minorities and males; or for
individuals with disabilities and protected veterans as compared to
individuals without disabilities and those who are not protected
veterans? If so, why?

-   Are there any restrictions to the granting of fringe benefits,
    including medical and life insurance, pension and retirement
    benefits, profit sharing and bonus plans and credit union benefits
    based on the gender of the employee, status as a protected veteran
    or status as an individual with a disability?

-   Are employment benefits available to the wives and families of male
    employees also available to the husbands and families of female
    employees? Are the benefits available to the families of individuals
    without disabilities and those who are not protected veterans also
    available to the families of individuals with disabilities and
    protected veterans?

-   Does the contractor employ minorities, women, qualified individuals
    with disabilities, and protected veterans in each of its crafts? If
    so, to what extent? If not, what efforts has the contractor made to
    recruit members of these groups?

## Training Programs

-   Are training programs, including apprenticeship programs, available
    to employees without regard to race, sex, or their status as an
    individual with a disability or protected veteran?

## Compensation Disparities

-   Do jobs offered by the contractor have similar duties but different
    pay rates? If so, do minorities or women earn less than their
    non-minority or male counterparts? Do individuals with disabilities
    or protected veterans earn less than their counterparts who are not
    individuals with disabilities or protected veterans?

-   Do minorities, women, individuals with disabilities or protected
    veterans receive lower starting rates of pay than their counterparts
    with similar education and experience?

-   Has the contractor reviewed its salary structure to ensure that it
    does not discriminate against minorities, women, individuals with
    disabilities or protected veterans?

# Religion/National Origin 

-   Has the contractor reviewed its employment practices to determine
    whether members of various religious or ethnic groups receive fair
    consideration for job opportunities?

-   Have reasonable accommodations to the religious observances and
    practices of employees or prospective employees been made? (In
    determining the extent of this obligation, at least the following
    factors will be considered: Business necessity, financial costs and
    expenses and resulting personnel problems.)

 Have recruiting sources been informed of the contractor's commitment
to provide equal employment opportunity without regard to religion or
national origin?

## Sex Discrimination

-   Does the contractor's policy on maternity leave meet regulatory
    requirements?

# Harassment

-   Has the contractor implemented policies and procedures to identify
    and remedy issues of racial, color, religious, national origin,
    disability, veteran, and/or sexual harassment?

# Retirement Policy

-   Does the contractor's policy on mandatory or optional retirement age
    differ based upon the gender of the employee or their status as an
    individual with a disability or protected veteran?

Having answers and documentation for the above questions will go a long
way towards preparing a contractor for an OFCCP compliance evaluation.
Contractors should also know that when a compliance evaluation is
scheduled, compliance officers will request the following documents for
on-site inspection:

-   Books, records, payrolls, accounts and other relevant documents,
    including a list, separated by construction project, of all
    employees who are members of protected groups who worked during the
    12 months preceding this evaluation;

-   Documentary evidence of the implementation of each of the specific
    affirmative action standards set forth in the sixteen
    specifications;

-   A list of all Federal projects, including contract numbers,
    locations, estimated dollar values, percents completed and projected
    completion dates;

-   A list of all non-Federal projects;

-   A copy of the EEO-1 report, where available;

-   A copy of the written affirmative action program for qualified
    individuals with disabilities, and the written affirmative action
    program for veterans of the Vietnam era, qualified special disabled
    veterans, and any other protected veterans who served on active duty
    during a war, or in any campaign or expedition for which a campaign
    badge has been authorized (for contractors with Federal construction
    contracts only, not federally assisted construction contracts);

-   A copy of the VETS-100 report (for contractors with Federal
    construction contracts only, not federally assisted construction
    contracts); and

-   Immigration and Naturalization Service (INS) I-9 Forms.

    Recognizing Good Faith Effort

Each year OFCCP hosts an award ceremony to recognize and honor those
contractors and subcontractors that go well beyond the minimum
requirements of the EEO and affirmative action laws.

The Secretary of Labor\'s **Opportunity 2000 Award**, initiated in 1988,
is presented by the Secretary of Labor to honor one contractor for the
successful implementation of a significant multi-faceted program
ensuring equal employment opportunity and affirmative action within its
organization and for the successful implementation of programs
supporting these goals in the broader community.

The **Exemplary Voluntary Effort (EVE) Award**, initiated in 1983, is
presented by the Deputy Assistant Secretary for Federal Contract
Compliance to those contractors that have demonstrated through programs
or activities, exemplary and innovative efforts to increase the
employment opportunities for employees, including minorities, women,
individuals with disabilities and covered veterans.

The **Exemplary Public Interest Contribution (EPIC) Award**, initiated
in 1994, is presented by the Deputy Assistant Secretary for Federal
Contract Compliance to honor selected public interest organizations
that have supported affirmative action and linked their efforts with
those of Federal contractors to enhance employment opportunities for
minorities, women, individuals with disabilities and protected veterans.

To be eligible for consideration for an EVE or Opportunity 2000 Award, a
nominee must be a Federal contractor covered by Executive Order
11246, as amended; Section 503 of the Rehabilitation Act, as amended;
and the Vietnam Era Veterans\' Readjustment Assistance Act, as amended.
Also, nominees must not have any unresolved violations of Federal law,
as determined by compliance evaluations, complaint investigations, or
Federal inspections and investigations. In addition, the nominee must
not have any enforcement actions pending, or be subject
to any corrective actions or consent decrees that have resulted
from litigation under laws enforced by the Department of Labor. While
the EVE Award may be given for a single program or activity, recipients
of the Opportunity 2000 Award must have developed and implemented a
multi-faceted affirmative action program directed towards the changing
demographics of the labor force. This may include involvement in
community-based projects that assist in the development of a
diverse workforce for the future. The Opportunity 2000 Award nominee may
represent a single establishment or the entire corporation.

In past years, Opportunity 2000 and EVE Awards have recognized
contractors\' efforts that included:

-   Recruitment, retention and management training and development
    programs that shatter glass ceilings and enhance opportunities for
    women and minorities at all levels of management;

-   Innovative outreach and recruitment programs designed to attract
    minorities, women, qualified individuals with disabilities, and
    qualified protected veterans;

-   Processes which provide individuals basic essential skills needed
    for employment;

-   Programs that motivate and support minorities and women in attaining
    advanced degrees, and for education in science and technical fields;

-   Seminars and conferences that create a greater awareness throughout
    a company of contributions of employees with learning disabilities;
    and

-   Work place environment strategies that help employees balance work
    and family responsibilities.

To be eligible for consideration for an EPIC Award, a nominee must be a
non-profit public interest organization whose activities support the
mission of the OFCCP. Past winners have been recognized for their
efforts in non-traditional employment for women, vocational training,
literacy training, legal advocacy, scholarship programs, mentoring, and
linkage with employment referrals to Federal contractors.

The latest guidance on the eligibility criteria, nomination process and
administrative procedures for the Opportunity 2000, EVE, and EPIC Awards
can be found on OFCCP's web site at
**http://www.dol.gov/dol/esa/public/ofcp_org.htm**, or a copy may be
obtained by contacting your local OFCCP office.

**Appendix A:**

**Glossary of Terms**

*(Adapted from the Federal Contract Compliance Manual)*

  -------------------------- --------------------------------------------
  ***Accessibility***        The extent to which a contractor's facility
                             is readily approachable and usable by
                             individuals with disabilities, particularly
                             such areas as the personnel office, job work
                             sites, rest rooms and public areas.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Adverse impact***       A substantially different rate of selection
                             in hiring, promotion, transfer, training or
                             other employment related decisions for any
                             race, sex or ethnic group. *See definition
                             of disparate impact.*

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Affirmative Action***   Actions, policies and procedures to which a
                             contractor commits itself that are designed
                             to achieve equal employment opportunity.
                             Affirmative action obligations entail
                             thorough, systematic efforts to prevent
                             discrimination from occurring or to detect
                             it and eliminate it as promptly as possible,
                             and recruitment and outreach measures.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Applicant flow log***   A chronological compilation of applicants
                             for employment or promotion candidates,
                             showing each individual categorized by race,
                             sex and ethnic group, who applied for each
                             job title (or group of job titles requiring
                             similar qualifications) during a specific
                             period.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Business necessity***   A defense used by an employer when there is
                             a selection criterion that is facially
                             neutral but which excludes members of one
                             sex, race, national origin or religious
                             group at a substantially higher rate than
                             members of other groups (thus creating an
                             adverse impact). The employer must prove
                             that the requirement having the adverse
                             impact is job-related and consistent with
                             business necessity.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Civilian labor force*** The aggregate of persons classified as
                             employed and as unemployed in accordance
                             with the criteria established by the Bureau
                             of the Census and the U.S. Department of
                             Commerce.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Compliance***           Meeting the requirements and obligations
                             imposed by Executive Order 11246, as
                             amended, Section 503 of the Rehabilitation
                             Act of 1973, as amended, or 38 U.S.C. §4212,
                             and their implementing regulations.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Construction            Any contract for the construction,
  contract***                rehabilitation, alteration, conversion,
                             extension, demolition or repair of buildings
                             or highways, or other changes or
                             improvements to real property, including
                             facilities providing utility services.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Construction site***    The general physical location of any
                             building, highway or real property
                             undergoing construction, rehabilitation,
                             alteration, conversion, extension,
                             demolition, repair or any other change or
                             improvement, and any other temporary
                             location or facility at which a contractor
                             or other participating party meets a demand
                             or performs a function relating to the
                             contract or subcontract.

                             

  ***Contract***             Any Government contract or subcontract or
                             any federally assisted construction contract
                             or subcontract.

                             

  ***Contractor***           Unless otherwise indicated, means both prime
                             contractors and subcontractors.
  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Disparate impact***     A theory or category of employment
                             discrimination. Disparate impact
                             discrimination may be found when a
                             contractor's use of a facially neutral
                             selection standard (e.g., a test, an
                             interview, a degree requirement)
                             disqualifies members of a particular race or
                             gender group at a significantly higher rate
                             than others and is not justified by business
                             necessity or job-relatedness. An intent to
                             discriminate is not necessary to this type
                             of employment discrimination.

  -------------------------- --------------------------------------------

+--------------------------+-------------------------------------------+
| ***Disparate             | A theory or category of employment        |
| treatment***             | discrimination. Disparate treatment       |
|                          | discrimination may be found when a        |
|                          | contractor treats an individual or group  |
|                          | differently because of its race, color,   |
|                          | religion, sex, national origin,           |
|                          | disability or veteran status. An intent   |
|                          | to discriminate is a necessary element in |
|                          | this type of employment discrimination,   |
|                          | and may be shown by direct evidence or    |
|                          | inferentially by statistical, anecdotal   |
|                          | and/or comparative evidence.              |
+--------------------------+-------------------------------------------+
| ***EEO-1 Report***       | The Equal Employment Opportunity Employer |
|                          | Information Report (also termed Standard  |
|                          | Form 100). An annual report filed by      |
|                          | certain employers subject to Executive    |
|                          | Order 11246, as amended, or to Title VII  |
|                          | of the Civil Rights Act of 1964, as       |
|                          | amended. This report details the sex and  |
|                          | race/ethnic composition of an employer's  |
|                          | work force by job category. The EEO-1     |
|                          | Report is filed with the Joint Reporting  |
|                          | Committee (JRC), which is composed of     |
|                          | OFCCP and EEOC. Instructions for          |
|                          | completing the report are available from  |
|                          | the JRC. The JRC can be reached by        |
|                          | calling (757) 461-1213 or by writing:     |
|                          | JRC, P.O. Box 779, Norfolk, VA 23501.     |
+--------------------------+-------------------------------------------+
|                          |                                           |
+--------------------------+-------------------------------------------+
| ***Employed***           | Under criteria established by the Bureau  |
|                          | of the Census and the U.S. Department of  |
|                          | Commerce, all civilians 16 years old and  |
|                          | over who were either:                     |
|                          |                                           |
|                          | a)  \"at work,\" meaning those who did    |
|                          |     any work at all during the reference  |
|                          |     week as paid employees or in their    |
|                          |     business or profession, or on their   |
|                          |     farm, or who worked 15 hours or more  |
|                          |     as unpaid workers on a family farm or |
|                          |     in a family business; or              |
|                          |                                           |
|                          | b)  \"with a job but not at work,\"       |
|                          |     meaning those who did not work during |
|                          |     the reference week but had jobs or    |
|                          |     businesses from which they were       |
|                          |     temporarily absent due to illness,    |
|                          |     bad weather, industrial dispute,      |
|                          |     vacation, or other personal reasons.  |
|                          |                                           |
|                          | Generally excluded from the category of   |
|                          | employed are persons whose only activity  |
|                          | consisted of unpaid work around the house |
|                          | or volunteer work for religious,          |
|                          | charitable, and similar organizations, or |
|                          | persons on layoff.                        |
+--------------------------+-------------------------------------------+
|                          |                                           |
+--------------------------+-------------------------------------------+
| ***Employee***           | A person employed by a Federal            |
|                          | contractor, subcontractor or Federally    |
|                          | assisted construction contractor or       |
|                          | subcontractor.                            |
+--------------------------+-------------------------------------------+

  -------------------------- --------------------------------------------
  ***Establishment***        A facility or unit which produces goods or
                             services, such as a factory, office, store,
                             or mine. In most instances, the unit is a
                             physically separate facility at a single
                             location. In appropriate circumstances,
                             OFCCP may consider as an establishment
                             several facilities located at two or more
                             sites when the facilities are in the same
                             labor market or recruiting area. The
                             determination as to whether it is
                             appropriate to group facilities as a single
                             establishment will be made by OFCCP on a
                             case-by-case basis.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Facially neutral        A criterion/process is facially neutral if
  selection                  it does not make any reference to a
  standards/criteria***      prohibited factor and is equally applicable
                             to everyone regardless of race, gender or
                             ethnicity, i.e., is not discriminatory on
                             its face.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Federally assisted      Any agreement or modification thereof
  construction contract***   between any applicant and a person for
                             construction work which is paid for in whole
                             or in part with funds obtained from the
                             Government or borrowed on the credit of the
                             Government pursuant to any Federal program
                             involving a grant, contract, loan, insurance
                             or guarantee, or undertaken pursuant to any
                             Federal program involving such grant,
                             contract, loan, insurance or guarantee, or
                             any application of modification thereof
                             approved by the Government for a grant,
                             contract, loan, insurance or guarantee under
                             which the applicant itself participates in
                             the construction work.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Immediate labor area*** The geographic area from which employees
                             reasonably may commute to the contractor's
                             establishment. It may include one or more
                             contiguous cities, counties, a metropolitan
                             statistical area (MSA) or parts thereof.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Job area***             Any sub-unit of a work force sector, such as
                             department, job group, job title, etc.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Job group***            One or a group of jobs having similar
                             content, wage rates and opportunities.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Labor area***           Geographic area used in calculating
                             availability. The area may vary from local
                             to nationwide.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Non-compliance***       A contractor's failure to adhere to the
                             conditions set out in the contract's equal
                             opportunity clauses and/or the regulations
                             implementing those clauses and/or failure to
                             correct violations.

  -------------------------- --------------------------------------------

+--------------------------+-------------------------------------------+
| ***Pattern or practice   | Employer actions constituting a pattern   |
| discrimination***        | of conduct resulting in discriminatory    |
|                          | treatment toward the members of a class.  |
+--------------------------+-------------------------------------------+
|                          |                                           |
+--------------------------+-------------------------------------------+
| ***Prime contractor***   | Any person holding a contract subject to  |
|                          | Executive Order 11246, as amended,        |
|                          | Section 503 of the Rehabilitation Act of  |
|                          | 1973, as amended, or 38 U.S.C. §4212, as  |
|                          | amended, and for the purposes of 41 CFR   |
|                          | 60-1, Subpart B; 41 CFR 60-250, Subpart   |
|                          | B; and 41 CFR 60-741, Subpart D, any      |
|                          | person who has held a contract subject to |
|                          | Executive Order 11246, as amended,        |
|                          | Section 503 of the Rehabilitation Act of  |
|                          | 1973, as amended, or 38 U.S.C. §4212, as  |
|                          | amended.                                  |
+--------------------------+-------------------------------------------+
|                          |                                           |
+--------------------------+-------------------------------------------+
| ***Reasonable            | A reasonable accommodation can be:        |
| accommodation***         |                                           |
|                          | a)  Modifications or adjustments to a job |
|                          |     application process that enable a     |
|                          |     qualified individual with a           |
|                          |     disability to be considered for the   |
|                          |     position such applicant desires, and  |
|                          |     which will not impose an undue        |
|                          |     hardship on the operations of the     |
|                          |     contractor's business; or             |
|                          |                                           |
|                          | b)  Modifications or adjustments to the   |
|                          |     work environment, or to the manner or |
|                          |     circumstances under which the         |
|                          |     position held or desired is           |
|                          |     customarily performed, that enables a |
|                          |     qualified individual with a           |
|                          |     disability to perform the essential   |
|                          |     functions of the position, and which  |
|                          |     will not impose an undue hardship on  |
|                          |     the operation of the contractor's     |
|                          |     business; or                          |
|                          |                                           |
|                          | c)  Modifications or adjustments that     |
|                          |     enable a contractor's employee with a |
|                          |     disability to enjoy equal benefits    |
|                          |     and privileges of employment as are   |
|                          |     enjoyed by its other similarly        |
|                          |     situated employees without a          |
|                          |     disability, and which will not impose |
|                          |     an undue hardship on the operation of |
|                          |     the contractor's business.            |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Special Disabled      | A veteran who:                            |
| Veteran***               |                                           |
|                          | a)  is entitled to compensation (or who,  |
|                          |     but for the receipt of military       |
|                          |     retirement pay, would be entitled to  |
|                          |     compensation) under laws administered |
|                          |     by the Department of Veterans Affairs |
|                          |     for a disability that is (i) rated at |
|                          |     30 percent or more, or (ii) rated at  |
|                          |     10 or 20 percent in the case of a     |
|                          |     veteran who has been determined under |
|                          |     Section 1506 of the Veterans\'        |
|                          |     Rehabilitation and Education Act      |
|                          |     Amendments of 1980 to have a serious  |
|                          |     employment handicap; or               |
|                          |                                           |
|                          | b)  was discharged or released from       |
|                          |     active duty because of a              |
|                          |     service-connected disability.         |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Subcontract***        | Any agreement or arrangement between a    |
|                          | contractor and any person (in which the   |
|                          | parties do not stand in the relationship  |
|                          | of an employer and an employee):          |
|                          |                                           |
|                          | a)  for the purchase, sale or use of      |
|                          |     supplies or services or the use of    |
|                          |     real or personal property, including  |
|                          |     lease arrangements, which, in whole   |
|                          |     or in part, is necessary to the       |
|                          |     performance of any one or more        |
|                          |     Government contracts; or              |
|                          |                                           |
|                          | b)  under which any portion of the        |
|                          |     contractor's obligation under one or  |
|                          |     more Government contracts is          |
|                          |     performed, undertaken or assumed.     |
+--------------------------+-------------------------------------------+

  -------------------------- --------------------------------------------
  ***Subcontractor***        Any person holding a subcontract, or anyone
                             who has held a subcontract subject to
                             Executive Order 11246, as amended, Section
                             503 of the Rehabilitation Act of 1973, as
                             amended, or 38 U.S.C. §4212, as amended.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Systemic                Employment policies or practices that serve
  discrimination***          to differentiate or to perpetuate a
                             differentiation in terms or conditions of
                             employment of applicants or employees
                             because of their status as members of a
                             particular group. Such policies may or may
                             not be facially neutral, and intent to
                             discriminate may or may not be involved.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Undue hardship***       In general, with respect to the provision of
                             a reasonable accommodation, significant
                             difficulty or expense incurred by a
                             contractor. Whether an accommodation is
                             reasonable requires a case-by-case
                             determination.

  -------------------------- --------------------------------------------

  -------------------------- --------------------------------------------
  ***Validation***           Validation is the demonstration of
                             job-relatedness by showing the relationship
                             between the selection procedure and job
                             performance.

  -------------------------- --------------------------------------------

+--------------------------+-------------------------------------------+
| ***VETS-100***           | The VETS-100 Report is to be completed by |
|                          | all nonexempt federal contractors and     |
|                          | subcontractors with contracts or          |
|                          | subcontracts for the furnishing of        |
|                          | supplies and services or for the use of   |
|                          | real or personal property for \$25,000 or |
|                          | more. Title 38, United States Code,       |
|                          | Section 4212(d) and PL 105-339, require   |
|                          | that federal contractors report at least  |
|                          | annually the numbers of: 1) special       |
|                          | disabled veterans, 2) veterans of the     |
|                          | Vietnam era, and 3) other veterans who    |
|                          | served on active duty during a war or in  |
|                          | a campaign or expedition for which a      |
|                          | campaign badge has been authorized who    |
|                          | are in their workforce. Reporting is      |
|                          | required by hiring location and includes  |
|                          | both the number employed and the number   |
|                          | of new hires, within the three categories |
|                          | listed above. The number of veterans      |
|                          | employed within these categories is to be |
|                          | broken out by job category and maximum    |
|                          | and minimum total employment is to be     |
|                          | reported as well. the report is filed.    |
|                          |                                           |
|                          | For more information you may visit the    |
|                          | VETS-100 web site at                      |
|                          | [h                                        |
|                          | ttp://vets.dol.gov/vets100/]{.underline}, |
|                          | e-mail the VETS-100 staff at              |
|                          | [HELPDESK@VETS100.com]{.underline}, call  |
|                          | (703) 461-2460, or write to:              |
|                          |                                           |
|                          | U.S. Department Of Labor                  |
|                          |                                           |
|                          | Veterans\' Employment and Training        |
|                          | Service                                   |
|                          |                                           |
|                          | VETS-100 Reporting                        |
|                          |                                           |
|                          | 6101 Stevenson Ave                        |
|                          |                                           |
|                          | Alexandria, VA 22304                      |
+--------------------------+-------------------------------------------+

  -------------------------- --------------------------------------------
  ***Violation***            Failure to fulfill a requirement of the
                             Executive Order, Section 503, as amended, or
                             38 U.S.C. §4212, as amended, or their
                             implementing rules, regulations and orders.
                             The terms "violation" and "deficiency" are
                             often used interchangeably.

  -------------------------- --------------------------------------------

Appendix B:

## **Adverse Impact Determinations**

Contractors with 100 or more employees must maintain and have available
for each job records and other information showing the impact of the
total selection process by identifiable race, sex and ethnic group. 41
CFR 60-3.4B and 3.15A(2)(a). "Total selection process" means the
combined effect of all selection procedures leading to the final
employment decision. At least annually, contractors with 100 or more
employees are required to analyze these data to determine whether the
total selection process for each job is having adverse impact. 41 CFR
60-3.15A(2). The adverse impact determinations must be conducted by
gender and for each race or ethnic group (e.g., Black, Hispanic,
Asian/Pacific Islander, and American Indian/Alaskan Native) that
constitutes 2 percent or more of the labor force in the relevant labor
area or 2 percent or more of the applicable workforce. If the total
selection process has an adverse impact, the impact of the individual
components of the selection process also should be analyzed. 41 CFR
60-3.4C and 3.15A(2)(a).

"Adverse impact" is defined in the Uniform Guidelines as "a
substantially different rate of selection in hiring, promotion, or other
employment decision which works to the disadvantage of members of a
race, gender, or ethnic group." 41 CFR 60-3.16B. Generally, to determine
whether the differences in selection rates are sufficiently substantial
to be regarded as evidence of adverse impact, the contractor should
apply what is commonly referred to as the "4/5ths or 80 percent rule" of
the Uniform Guidelines. Under this rule, a selection rate for any race,
sex, or ethnic group that is less than 4/5ths or 80 percent of the
selection rate for the group with the highest selection rate is
generally regarded as evidence of adverse impact. The 80 percent rule is
a general rule, and is not dispositive in all situations. The Uniform
Guidelines recognize, for example, that sample size and other factors
may affect the reliability of the 80 percent rule as a measure of
adverse impact.

The 80 percent rule may not be accurate in detecting adverse impact
where very large numbers of selections are made. Where the number of
selections is very large, relatively small differences in selection
rates may nevertheless constitute adverse impact if they are both
statistically and practically significant. 41 CFR 60-3.5D. For that
reason, where the sample size is very large, tests of practical and
statistical significance should be used to assess whether the selection
procedure results in adverse impact.

Further, the 80 percent rule may not be a reliable indicator of adverse
impact where the number of persons selected and difference in selection
rates is very small. For example, if a contractor selected three males
and one female from an applicant pool of 20 males and 10 females, the 80
percent rule would indicate adverse impact. The selection rate for women
is 10 percent and the rate for men, 15 percent; 10/15 or 66 2/3 percent
is less than 80 percent. Yet, the number of selections is too small to
warrant a determination of adverse impact in these circumstances. Where
the 80 percent rule indicates adverse impact, but the analysis is based
on a sample too small to be reliable, evidence of the impact of the
procedure over a longer period of time, or evidence concerning the
impact of the procedure when used in the same manner elsewhere may be
considered when determining adverse impact. 41 CFR 60-3.4D.

A four-step process is used to determine adverse impact:

1\. Calculate the rate of selection for each group (divide the number of
persons selected from a group by the number of applicants from that
group).

> 2\. Observe which group has the highest selection rate.
>
> 3\. Calculate the impact ratios by comparing the selection rate for
> each group with that of the highest group (divide the selection rate
> for a group by selection rate for the highest group).
>
> 4\. Observe whether the selection rate for any group is substantially
> less (i.e., usually less than 4/5ths or 80 percent) than the selection
> rate for the highest group. If it is, adverse impact is indicated in
> most circumstances.

For example:

## **Applicants** **Hires** **Selection Rate** 

> 10 American Indians 2 2/10 or 20%

### 50 Blacks 20 20/50 or 40%

> 60 Hispanics 30 30/60 or 50%
>
> 80 Whites 48 48/80 or 60%

Comparisons of the selection rate for each group with that of the
highest group (Whites) reveal the following impact ratios: American
Indians 20/60 or 33%; Blacks 40/60 or 66.6%; and Hispanics 50/60 or 83%.
Applying the 80 percent rule, on the basis of the above information,
adverse impact is indicated for American Indians and Blacks but not for
Hispanics.

If a selection procedure results in adverse impact, the contractor is
required to eliminate it or justify its continued use. The contractor
can justify using a selection procedure that has adverse impact by
showing that the procedure has been validated according to the technical
requirements of the Uniform Guidelines. "Validation" is the
demonstration of job-relatedness by showing the relationship between the
selection procedure and job performance. "Validation in accordance with
the Guidelines" means a demonstration that a validity study meeting the
standards of the Uniform Guidelines has been conducted and has produced
evidence sufficient to warrant the use of the procedure for the purpose
intended. 41 CFR 60-3.16X.

Even when a selection procedure with adverse impact has been validated,
the contractor is obligated to investigate and consider suitable
alternative selection procedures, and suitable alternative methods of
using the selection procedure which have as little adverse impact as
possible. 41 CFR 60-3.3B. Further, the contractor is required to use the
procedure having less impact if it is "substantially equally valid." 41
CFR 60-3.3B.

There also are circumstances when a contractor may justify using a
selection procedure with adverse impact by showing that it is required
by "business necessity" (i.e., the contractor must show that the
selection procedure is job-related and necessary to the safe and
efficient operation of its business).

> In sum, the Uniform Guidelines recommend the following actions when
> adverse impact occurs:

-   Modify the assessment instrument or procedure causing the adverse
    impact.

-   Exclude the component procedure causing adverse impact from your
    selection process.

-   Use an alternative procedure that causes little or no adverse
    impact, assuming that the alternative procedure is substantially
    equally valid.

-   Use the selection procedure that has adverse impact only if the
    procedure is job-related and valid for predicting successful job
    performance, and there is no equally effective procedure available
    that has less adverse impact.

**Appendix C:**

The Small Business Administration's Ombud Program

The **Small Business Administration (SBA)**, in accordance with the
provisions of the Small Business Regulatory Enforcement Fairness Act,
has established a National Small Business and Agriculture Regulatory
Ombudsman and 10 Regional Fairness Boards in order to receive comments
from small businesses about federal regulatory enforcement actions. The
SBA Ombudsman annually evaluates enforcement activities and rates each
agency\'s responsiveness to small business. Small businesses wishing to
comment on the enforcement activities of OFCCP may call 1-888-REG-FAIR
(734-3247), or write to the SBA Ombudsman at:

SBA Ombudsman

500 W. Madison St.

Suite 1240

Chicago, IL 60661.

**Appendix D:**

**OFCCP National and Regional Offices**

+--------------------------+-------------------------------------------+
| ***National Office***    | Office of Federal Contract Compliance     |
|                          | Programs                                  |
|                          |                                           |
|                          | Room C-3325                               |
|                          |                                           |
|                          | 200 Constitution Avenue, NW               |
|                          |                                           |
|                          | Washington, DC 20210                      |
|                          |                                           |
|                          | \(202\) 693-0101                          |
|                          |                                           |
|                          | \(202\) 693-1304 FAX                      |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Northeast Region***   | Regional Office                           |
|                          |                                           |
| *(Connecticut, Maine,    | 201 Varick Street, Room 750               |
| Massachusetts, New       |                                           |
| Hampshire New Jersey,*   | New York, NY 10014                        |
| *New York, Puerto Rico,  |                                           |
| Rhode Island, Vermont,*  | \(646\) 264-3170                          |
| *Virgin Islands)*        |                                           |
|                          | \(646\) 264-3009 FAX                      |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Mid-Atlantic          | Regional Office                           |
| Region***                |                                           |
|                          | Curtis Center, Suite 750 West             |
| *(Delaware, District of  |                                           |
| Columbia, Maryland,      | 170 S. Independence Mall West             |
| Pennsylvania, Virginia,* |                                           |
|                          | Philadelphia, PA 19106                    |
| *West Virginia)*         |                                           |
|                          | \(215\) 861-5763                          |
|                          |                                           |
|                          | \(215\) 861-5769 FAX                      |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Southeast Region***   | Regional Office                           |
|                          |                                           |
| *(Alabama, Florida,      | 61 Forsyth Street, Room 7B75              |
| Georgia, Kentucky,       |                                           |
| Mississippi, North       | Atlanta, GA 30303                         |
| Carolina, South          |                                           |
| Carolina, Tennessee)*    | \(404\) 893-4545                          |
|                          |                                           |
|                          | \(404\) 893-4546 FAX                      |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Midwest Region***     | Regional Office                           |
|                          |                                           |
| *(Illinois, Indiana,     | Kluczynski Federal Building, Room 570     |
| Iowa, Kansas, Michigan,  |                                           |
| Minnesota, Missouri,     | 230 South Dearborn Street                 |
| Nebraska, Ohio,          |                                           |
| Wisconsin)*              | Chicago, IL 60604                         |
|                          |                                           |
|                          | \(312\) 596-7010                          |
|                          |                                           |
|                          | \(312\) 596-7037 FAX                      |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Southwest and Rocky   | Regional Office                           |
| Mountain Region***       |                                           |
|                          | 525 South Griffin Street                  |
| *(Arkansas, Colorado,    |                                           |
| Louisiana, Montana, New  | Federal Building, Room 840                |
| Mexico, North Dakota,    |                                           |
| Oklahoma, South Dakota,  | Dallas, TX 75202                          |
| Texas, Utah, Wyoming)*   |                                           |
|                          | \(972\) 850-2550                          |
|                          |                                           |
|                          | \(972\) 850-2552 FAX                      |
+--------------------------+-------------------------------------------+

+--------------------------+-------------------------------------------+
| ***Pacific Region***     | Regional Office                           |
|                          |                                           |
| *(Alaska, Arizona,       | 71 Stevenson Street, Suite 1700           |
| California, Guam,        |                                           |
| Hawaii, Idaho, Nevada,   | San Francisco, CA 94105                   |
| Oregon, Washington)*     |                                           |
|                          | \(415\) 848-6969                          |
|                          |                                           |
|                          | \(415\) 848-6950/6955 FAX                 |
+--------------------------+-------------------------------------------+

**Appendix E:**

**Federal Register notices**

**regarding participation goals**

**for Minorities and Females**

For federal and federally assisted construction contractors, goals are
established as a percentage participation rate. The percentage goal
established for minority participation must be at least equal to the
percentage established for that "economic area" as outlined in the
Federal Register, Vol. 45, No. 194, pages 65976-65991, dated Friday,
October 3, 1980 (typed transcript of pages 65976-65991 follow). The
percentage goal established for female participation is **6.9%**
nationwide (see following typed transcript of Federal Register pages
85750-85751, Vol. 45, No. 251, dated Tuesday, December 30, 1980). A
Federal Register Final Notice correction was issued on January 23, 1981
(pages 7533 and 7534) making the following corrections to Appendix B-80
published on October 3, 1980:

1.  In Economic area 012, New York, NY, SMSA 5460, the goal is 5.8.

2.  In Economic area 012, Yew York, NY, SMSA 5600, delete "NY New York
    City" following "Westchester."

3.  In Economic area 012, New York, NY, SMSA 5600, the goal is 22.6

4.  In Economic area 154, Missoula, MT, SMSA 154, insert "; MT Lake"
    after "MT Silver Bow."

5.  In Economic area 005, Non-SMSA Counties, "IR" is corrected to "RI."

6.  In Economic area 034, Non-SMSA Counties, "Collecton" is corrected to
    "Collection."

7.  In Economic area 106, "MO Boone" is the line following "1740
    Columbia, MO" rather than preceding it.

8.  In Economic area 111, Non-SMSA Counties, on the sixth line, "Spring"
    is "Springs."

9.  In Economic area 124, on the sixth line, "5TX" is corrected to "TX."

10. In Economic area 126. On the sixth line, "4TX" is corrected to "TX."

Contractors may establish higher goals if they desire. Although a
contractor is required to make good faith efforts to meet their goals,
the goals are not quotas and no sanctions are imposed solely for failure
to meet them. The following factors explain the difference between
permissible goals, on the one hand, and unlawful preferences, on the
other:

-   Participation rate goals are not designed to be, nor may they
    properly or lawfully be interpreted as, permitting unlawful
    preferential treatment and quotas with respect to persons of any
    race, color, religion, sex, or national origin.

-   Goals are neither quotas, set-asides, nor a device to achieve
    proportional representation or equal results; rather, the
    goal-setting process is used to target and measure the effectiveness
    of affirmative action efforts to eradicate and prevent barriers to
    equal employment opportunity.

-   Goals under Executive Order 11246, as amended, do not require that
    any specific position be filled by a person of a particular gender,
    race, or ethnicity; instead, the requirement is that contractors
    engage in outreach and other efforts to broaden the pool of
    qualified candidates to include minorities and women.

-   The use of goals is consistent with principles of merit, because
    goals do not require an employer to hire a person who does not have
    the qualifications needed to perform the job successfully, hire an
    unqualified person in preference to another applicant who is
    qualified, or hire a less qualified person in preference to a more
    qualified person.

-   Goals may not be treated as a ceiling or a floor for the employment
    of members of particular groups.

-   A contractor\'s compliance is measured by whether it has made good
    faith efforts to meet its goals, and failure to meet goals, by
    itself, is not a violation of the Executive Order.

**DEPARTMENT OF LABOR**

**Office of Federal Contract Compliance Programs**

**41 CFR Part 60‑4**

**Construction Contractors, Affirmative Action Requirements**

**AGENCY:** Office of Federal Contract Compliance Programs, Labor.

**ACTION:** Final rule.

**SUMMARY.** The regulations published today clarify the existing
requirement in 41 CFR 60‑4.1 that a nonexempt construction contractor\'s
total construction workforce is covered under 41 CFR Part 60‑4 even
though some of the contractor\'s employees perform work on non‑Federal
or nonfederally assisted construction contracts or subcontracts and even
though such nonfederally related work may occur in geographical areas
where the contractor does not currently have work on Federal or
federally assisted construction projects.

**EFFECTIVE DATE:** These regulations shall take effect November 3,
1980.

**FOR FURTHER INFORMATION CONTACT:** James Cisco, Acting Director,
Division of Program Policy, Office of Federal Contract Compliance
Programs, Room C‑3324, U.S. Department of Labor, 200 Constitution
Avenue, NW, Washington. D.C. 20210, Telephone (202) 523‑9426.

**SUPPLEMENTARY INFORMATION:** On September 7,1979, the Office of
Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor,
published for comment in the Federal Register (44 FR 52283) a proposal
to clarify 41 CFR Part 60‑4, regulations for the construction industry,
pursuant to Executive Order 11246, as amended. (30 FR 12319, 32 FR
14303, 43 FR 14888.) Also published for comment was a proposed Notice
and Appendix to establish goals for minority employment for each SMSA
and EA (44 FR 52348). That Notice and Appendix are published in final
form today elsewhere in the Federal Register. Comments were received
until November 6, 1979, on each proposal.

One hundred fifty‑four written comments were submitted by individuals
and groups during the comment period. The comments were directed either
to the proposed clarification, the proposed minority employment goals or
to both proposals. Each submission has been thoroughly reviewed, and
each criticism and each suggestion has been given careful consideration.
Additional comments received and postmarked after November 6, 1979, were
analyzed and considered, but are not included in the above count. None
of the 154 comments dealt with the proposed clarification of 41 CFR
60‑4.6, and only 34 dealt with the proposed clarification of paragraph
7q of 41 CFR 60‑4.3. The overwhelming majority of the comments dealt
solely with the proposed nationwide minority goals contained in the
separate September 7, 1979, Federal Register Notice.

**Summary of Comments**

1.  Several contractors and contractor associations objected to coverage
    of nonfederally involved construction projects. Contractors and
    their associations contended that the clarifying proposal is in
    reality a major change in the regulations. They contended further
    that such coverage would be inflationary, would place them in a poor
    competitive position with respect to companies without Federal
    contracts, would make companies reluctant to bid on Federal
    contracts in the future, and would be an intrusion in private sector
    affairs.

2.  Contractor associations contended that there will be additional and
    burdensome reporting requirements associated with monitoring
    activity on private sector projects.

3.  Both contractors and individuals recognized the industry\'s legal
    obligations to take affirmative action., but objected to the
    \$10,000 jurisdictional amount for goals coverage[;]{.underline}
    some suggested instead that the jurisdictional amount be raised to
    \$50,000 or \$100,000.

4.  Contractor associations contended that the net result of
    implementing section 7q and nationwide goals will be a decrease in
    the number of minority employees, and in some instances \"reverse
    discrimination\" as contractors attempt to meet specific goals.

5.  One comment proposed that the regulation apply to private sector
    projects only after a Federal award has been made, i.e.
    prospectively, and then only to private projects in areas where a
    contractor has Federal or federally assisted construction.

6.  Several public interest groups, advocacy groups, and Government
    agencies praised the proposal. However they expressed concern about
    OFCCP\'s ability to monitor compliance adequately on private sector
    projects, and called for the establishment of improved employee
    reporting mechanisms.

**Discussion**

Some comments suggested that the application of Executive Order
affirmative action requirements to nonfederally related construction
projects is a new requirement. More specifically, they asserted that
paragraph 7q constitutes a substantive change in the regulations rather
than a clarification of existing requirements as stated in the September
7, 1979, Federal Register proposal (43 FR 52283). To the contrary, by
its expressed terms, the proposal did not establish a new requirement.
Rather the proposal simply clarified which goals (that is, the goals of
a specific geographical area) are applicable to a contractor\'s
workforce when the contractor is performing construction work in two or
more locations and each location is subject to different goals (e.g.,
two separate SMSAs).

The relevant regulation is 41 CFR 60-4.1, which was promulgated as a
final rule on April 7, 1978 (43 FR 14888), and which has been effective
since May 8, 1978. That regulation provides, in pertinent part, as
follows:

> This part applies to all contractors and subcontractors which hold any
> Federal or federally assisted construction contract in excess of
> \$10,000. The regulations in this part are applicable to all of a
> construction contractor\'s or subcontractor\'s construction employees
> who are engaged in onsite construction *including those construction
> employees who work on a nonfederally funded or nonfederally assisted
> construction site* \* \* \* (Emphasis added.)

Nothing in the language proposed as paragraph 7q would alter, by
extension or otherwise, that basic obligation. Further, the Department
of Labor\'s nationwide goals for female participation in the
construction industry have, since their effective date (May 8, 1978),
been applicable to a \'non‑exempt contractor\'s total onsite
construction workforce throughout the United States -regardless of
whether the total workforce is employed on a federally related or
non‑federally related project (and regardless of whether there were
specific goals in existence for minorities (43 FR 14899)). The
regulation is consistent with the general approach under Executive Order
11246 regulations that a contractor\'s acceptance of a single covered
contract makes all of that contractor\'s workforce and facilities
covered unless otherwise specifically exempt. See, for example, 41 CFR
Part 60‑2 (Revised Order 4) under which each nonconstruction contractor
subject to Revised Order 4 must comply with the written affirmative
action program requirements at each of its establishments.

This same approach has been applicable to the construction industry
since 1971. The Philadelphia Plan, for example, initially was limited to
federally involved construction projects. Contractors at the time of a
compliance review would shift their minority workers from private sites
to federally involved projects. This practice was referred to as
\"bicycling.\" The Philadelphia Plan was amended in 1971 to cover the
contractor and therefore covered both federally related and private
projects. (See Nash, Affirmative Action Under Executive Order 11246, 46
N.Y.U.L Rev. 225, 240 (1971).)

The proposal then did not propose to establish new requirements; rather
it was designed to eliminate confusion surrounding the phrase \"covered
area\" as that phrase is used in 41 CFR Part 60‑4 in referring to the
various geographical units where goals have been established. Questions
were raised, for example, as to whether a contractor which is awarded a
federally involved construction contract in SMSA X should apply the
goals established for SMSA X to its non‑Federal work in SMSA Y or the
goals established for SMSA Y to that non‑Federal work in SMSA Y.
Paragraph 7q merely was intended to explain that construction
contractors and subcontractors were to apply the goals of the SMSA or EA
where the contract was actually being performed. The proposed amendment
to 41 CFR 60‑4.6 was intended to achieve the same purpose. The proposal,
as has been stated herein, would achieve the clarification in part by
adding a new paragraph q to clause 7 of the Standard Federal Equal
Employment Opportunity Construction Contract specifications. Upon
reflection, however, paragraph 4 of the specifications appears to be a
more appropriate point to add the amendment. Accordingly, paragraph 4 of
the specifications has been amended rather than to add a paragraph q to
paragraph 7.

The September 7, 1979, **Federal Register** notice did not propose an
amendment to 41 CFR 60‑4.2. However, paragraph 2 of the \"Notice of
Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246)\" (which follows 41 CFR 60‑4.2(d))
also may need clarification on the same point. Accordingly, paragraph 2
of the Notice has been amended to make it clear that a covered
construction contractor is subject to the goals applicable to the
geographical location where the construction work is being performed and
that all its projects, whether or not they are federally involved, are
covered by the goal requirement.

The other comments which were received on the proposal and which have
been summarized above simply are not on point. Each comment, as
indicated above, however, has been considered. In addition those
comments also have been treated in the Notice and Appendix regarding
minority goals which are published elsewhere in the **Federal Register**
today.

It has been determined that this document does not contain a major
proposal requiring the preparation of a regulatory analysis under
Executive Order 12044 (43 FR 12661) or under the Department\'s
guidelines implementing Executive Order 12044.

This document was prepared under the direction and control of Weldon
Rougeau, Director, Office of Federal Contract Compliance Programs.

Accordingly, 41 CFR Part 60-4 is amended as set forth below:

**Dated: September** 30, 1980.

**Ray Marshall,**

*Secretary of Labor.*

**John N. Gentry,**

*Under Secretary.*

**Donald Elisburg,**

*Assistant Secretary Employment Standards Administration.*

**Weldon 1. Rougeau,**

*Director. Office of Federal Contract Compliance Programs.*

(Secs. 201, 202, 205, 211, 301, 302, and 303 of E.O. 11246, as amended.
30 FR 12319; 32 FR

14303; 43 FR 46501)

1\. 41 CFR 60-4.2(d) is amended by revising paragraph 2 of the \"Notice
of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246),\" to read as follows:

**§60‑4.2 Solicitations.**

\* \* \* \*

\(d\) The following notice shall be included in and shall be a part of,
all solicitations for offers and bids on all Federal and federally
assisted construction contracts or subcontracts in excess of \$10,000 to
be performed in geographical areas designated by the Director pursuant
to § 60-4.6 of this part (see 41 CFR 60-4.2(a)):

**Notice of Requirement for Affirmative Action To Ensure Equal
Employment Opportunity**

**(Executive Order 11246)**

> 1\. The Offeror\'s or Bidder\'s attention is called to the \"Equal
> Opportunity Clause\" and the \"Standard Federal Equal Employment
> Specifications\" set forth herein.
>
> 2\. The goals and timetables for minority and female participation,
> expressed in percentage terms for the Contractor\'s aggregate
> workforce in each trade on all construction work in the covered areas
> are as follows:

**Goals for minority Goals for female**

**Timetables participation for participation in each**

**each trade trade**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Insert goals for Insert goals for**

> **each year. each year.**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

> These goals are applicable to all the Contractor\'s construction work
> (whether or not it is Federal or federally assisted) performed in the
> covered area. If the contractor performs construction work in a
> geographical area located outside of the covered area, it shall apply
> the goals established for such geographical area where the work is
> actually performed. With regard to this second area, the contractor
> also is subject to the goals for both its federally involved and
> nonfederally involved construction.
>
> The Contractor\'s compliance with the Executive Order and the
> regulations in 41 CFR Part 60-4 shall be based on its implementation
> of the Equal Opportunity Clause, specific affirmative action
> obligations required by the specifications set forth in 41 CFR
> 60-4.3(a), and 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 and the
> contractor shall 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 Contractor to Contractor or from
> project to project for the sole purpose of meeting the Contractor\'s
> goals shall be a violation of the contract, the Executive Order, and
> the regulations in 41 CFR Part 60-4. Compliance with the goals will be
> measured against the total work hours performed.
>
> 3\. The Contractor shall provide written notification to the Director
> of the Office of Federal Contract Compliance Programs within 10
> working days of 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 shall list the
> name, address and telephone number of the subcontractor; employer
> identification number of the subcontractor; estimated dollar amount of
> the subcontract; estimated starting and completion dates of the
> subcontract; and the geographical area in which the subcontract is to
> be performed.
>
> 4\. As used in this Notice, and in the contract resulting from this
> solicitation, the \"covered area\" is (insert description of the
> geographical areas where the contract is to be performed giving the
> state, county and city, if any).

2\. 41 CFR 60-4.3(a) is amended by revising paragraph 4 of the Standard
Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246) to read as follows:

**§ 60-4.3 Equal opportunity clauses.**

\(a\) \* \* \*

**Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246)**

**\* \* \***

4\. The contractor shall 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 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 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 from
Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft
during the period specified.

3\. 41 CFR 60-4.6 is amended to read as follows:

**§ 60-4.6 Goals and timetables.**

The Director, from time to time, shall issue goals and timetables for
minority and female utilization which shall be based on appropriate
workforce demographic or other relevant data and which shall cover
construction projects or construction contracts performed in specific
geographical areas. The goals, which shall be applicable to each
construction trade in a covered contractor\'s or subcontractor\'s entire
workforce which is working in the area covered by the goals and
timetables, shall be published as notices in the Federal Register, and
shall be inserted by the contracting officers and applicants, as
applicable, in the Notice required by 41 CFR 60-4.2. 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.

**DEPARTMENT OF LABOR**

**Office of Federal Contract Compliance Programs**

**Goals for Minority Participation In the Construction Industry**

On September 7,1979, the Department of Labor published in the **Federal
Register** (44 FR 52348) a notice requesting comments on proposed
employment goals for minority workers in the construction industry. The
proposed notice contemplated a single goal for minority employment, and
an appendix was attached which proposed goals for minority utilization
in each standard metropolitan statistical area and in each economic
area. On October 5,1979, the Equal Employment Opportunity Commission
(EEOC) published a related document in the Federal Register (44 FR
57491) requesting comments on the question of whether a specific and
separate percentage goal should be established for each minority group.

This final Notice and the Appendix B-­80 attached hereto, supersede
Appendix B of the Notice issued on April 7, 1978, (43 FR 14899) and
corrected on May 5, 1978, (43 FR 19473) and Appendix B‑1 of the Notice
issued on March 20, 1979, (44 FR 17116) which established goals under
Executive Order 11246 for minorities working on construction projects
located in certain areas. This Notice is issued pursuant to 41 CFR
60‑4.6 and establishes goals under Executive Order 11246, as amended (30
FR 12319, 32 FR 14303 and 43 FR 46501), for minorities in the
construction industry.

**Background**

Executive Order 11246, as amended, prohibits nonexempt Federal and
federally assisted construction contractors and subcontractors from
discriminating against any employee or applicant for employment because
of race, color, religion, sex, or national origin. In addition, such
contractors and subcontractors are required to 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. Section 201 of the Order provides that the Secretary of
Labor shall adopt rules, regulations and orders as he deems necessary
and appropriate to achieve the purposes of the Order.

Service and supply contractors (i.e., nonconstruction contractors) with
at least 50 employees and a contract of at least \$50,000 are required
to develop and implement written affirmative action programs (see 41 CFR
Part 60‑2). These affirmative action programs, among other things, are
required to contain separate goals and timetables for minorities and
women. The goals reflect the difference between such contractors\' rate
of utilization of minority and female employees and the availability of
those groups in the relevant labor area. Service and supply contractors
for a number of years now have been under an obligation to implement the
Executive Order\'s affirmative action requirement in this manner.

A different approach was developed with regard to construction
contractors. Unlike service and supply contractors, construction
contractors normally have not been required to develop, on an individual
basis, written affirmative action programs. Rather, for the construction
industry, written affirmative action programs have been developed by the
local construction industry itself, subject to approval by the
Department of Labor, or the Office of Federal Contract Compliance
Programs would develop the affirmative action programs for various
geographical areas. These programs did contain affirmative action goals.
Nonexempt construction contractors working in those geographical areas
would then be required to comply with the affirmative action programs.
This requirement or obligation was imposed by incorporating the written
area- wide affirmative action program into the contractor\'s contract.

All construction contractors traditionally were required to comply with
the Executive Order\'s Equal Opportunity clause, published at 41 CFR
60‑1.4(a) and (b), which mandates nondiscrimination and affirmative
action. (See Executive Order 11246, § 202 and § 301.) Not all
construction contractors were subject to goals and timetables, however,
because these area‑wide programs were not developed for each
geographical area where construction was taking place.

This difference in treatment between construction industry contractors
and service and supply contractors resulted because of the limitations
of the three basic types of affirmative action programs which the Office
of Federal Contract Compliance Programs (OFCCP) designed for the
construction industry. The three basic types of affirmative action
programs developed for the construction industry were (1) Imposed Plans,
(2) Hometown Plans and (3) Special Bid Conditions. One of the basic
limitations of these types of plans or affirmative action programs was
that they were limited to a specific geographical area or, in the case
of Special Bid Conditions, limited to specific construction projects.
Accordingly, neither type of affirmative action program provided for a
nationwide system of defined affirmative action goals. We turn now to a
brief description and analysis of each of these types of plans.

Imposed Plans for the most part were implemented in major metropolitan
areas where there was substantial Federal or federally assisted
construction, and applied only to those projects which were valued in
excess of \$500,000. These areas included at one time or another
Philadelphia, Washington DC, San Francisco, St. Louis, Atlanta, Camden,
and Chicago. Imposed plans generally were published in 41 CFR Chapter 60
but the Philadelphia Imposed Plan was never codified in the Code of
Federal Regulations.

Hometown Plans were tripartite agreements among the contractors and the
unions in an area and the local minority community. The three groups
would develop a plan for compliance with the Executive Order and present
it to the OFCCP for approval. If the OFCCP approved the plan, it
constituted the contractors\' obligations under the Executive Order and
so long as they complied with the plan they also were in compliance with
the Order. Presently, there are 27 approved Hometown Plans in operation.

Special Bid Conditions were developed to impose affirmative action
obligations on construction contractors which were working on certain
high impact projects which were being constructed in an area which was
not covered, as a general rule, by a Hometown or Imposed Plan.

These three types of affirmative action plans were not implemented
through a regulatory scheme applicable to the construction industry on a
nation­wide basis. Rather they were included in the solicitations which
precede the award of contracts. One of the shortcomings of these
approaches was that substantial federally involved construction was
being conducted outside of the small number of geographical areas which
had either an Imposed or Hometown Plan, and such construction therefore
took place without benefit of specific affirmative action requirements.
Also, contracting officers were confused by the different types of
affirmative action plans and sometimes did not know which ones covered
specific geographical areas or projects. In addition, some contracting
agencies, perhaps because of the confusion, did not adhere to the
different notices and formats developed by OFCCP. As a consequence,
construction contracts frequently were awarded which did not contain the
notice indicating that they were subject to the Executive Order even
though the contracts were subject to the Executive Order and were to be
performed in an area which had either an Imposed or Hometown Plan. The
Imposed Plans presented a special problem because a number of
contractors sometimes failed to sign the certification which appeared in
the appendix in Imposed Plans. Failure to sign the certification
frequently was unrelated to the contractors\' commitment to the
affirmative action requirements. However, the certification was held to
be a material part of the bid and those bids which did not contain a
signed certification were rejected as nonresponsive. A number of these
rejected bids were low bids, and the result was to increase the cost of
construction to the Government.

Another deficiency in the old programs was that no specific affirmative
action standards were applicable to women in the construction industry.

Under the old procedures, compliance agencies developed Special Bid
Conditions for high impact projects for which they had compliance
responsibility. OFCCP approved the Special Bid Conditions, but the Bid
Conditions were applicable only to the project for which they were
approved. Accordingly, if a compliance agency failed to develop Special
Bid Conditions for a project for which it had compliance responsibility,
the project was not covered by an affirmative action plan(i.e., if the
project was not otherwise in an area covered by a Hometown or an Imposed
Plan). This would be true even though another project in the same labor
market area may have been covered by Special Bid Conditions developed by
another compliance agency. The Special Bid Conditions did apply,
however, to a covered contractor\'s entire workforce working in the
labor market area where the covered project was located although some
employees may not have worked on the project.

To correct the deficiencies and limitations of the different types of
affirmative action programs for construction contractors. the Department
of Labor on April 7,1978, published a regulation (presently codified at
41 CFR Part 60-4) governing the employment practices of contractors
which had construction contracts in excess of \$10,000. In addition, the
Imposed Plans were terminated. Hometown Plans were retained but
specified obligations were imposed with which signatories to the plans
were required to comply within a certain period of time in order to
continue OFCCP\'s approval of the specific Hometown Plan. (See 43 FR
14890.) The Model EEO Bid Conditions, the procurement device by which
the affirmative action obligation under the old system was placed on
construction contractors, also were discontinued.

In lieu of these procedures, the April 7, 1978, regulations developed
new procedures for Federal agencies and procurement contracting officers
to follow in awarding Federal and federally assisted construction
contracts. In a separate action on that same day, goals were established
for women in the construction industry on a nationwide basis. Although
the Imposed Plans were terminated, the regulations continued in effect
the goals which had been developed for minority workers under the
Imposed Plans until new goals were adopted for such groups by OFCCP. The
Imposed Plan goals applied only to minorities; however, a number of the
plans defined minority to include minority women.

A key element of that regulation is 41 CFR 60-4.6. With regard to this
section of the regulations, the preamble to the April 7, 1978
regulations stated in relevant part as follows (43 FR 14892):

This section requires the Director of OFCCP to issue goals and
timetables for minority and female utilization which shall be based on
appropriate workforce demographic or other relevant data. The goals
shall cover specific construction projects or construction contracts
performed in specific geographical areas. \* \* \* It is anticipated
that within the very near future OFCCP will propose standards and goals
for minority utilization pursuant to 41 CFR 60‑4.6 of the regulations
published today. Until those goals are published in final form, the
goals and timetables applicable under existing OFCCP requirements will
continue to be effective.

\* \* \* \*

Section 201 of Executive Order 11246, as amended, mandates the Secretary
of Labor to adopt such rules and regulations and issue such orders as he
deems necessary and appropriate to achieve the purposes \* \* \* of the
Executive Order. Section 202 of the Executive Order requires every
nonexempt Federal contractor or subcontractor, including Federal and
federally assisted construction contractors and subcontractors (see J
301 of the Order), to take affirmative action.

\"The Department of Labor\'s experience with affirmative action has
demonstrated that goals and timetables are the most concrete and
effective system for implementing the affirmative action obligation
contained in the Executive Order. Since goals and timetables were
implemented as an affirmative action requirement, all Federal
contractors and subcontractors. except construction contractors have
been required to establish goals and timetables for women. Construction
contractors, on the other hand, have been required to establish goals
for minority workers, and then, only if the construction contract was
being performed in a geographical area covered by a Hometown Plan or an
Imposed Plan or if the contract was awarded subject to Special Bid
Conditions. \* \* \* Unlike nonconstruction contractors, who were and
are required to develop detailed affirmative action programs (which
include goals and timetables for

women and minorities), the only implemented affirmative action
obligation imposed on construction contractors had been the goals and
timetables established in the Hometown Plans, Imposed Plans, or Special
Bid Conditions. Nevertheless, all Government contractors and
subcontractors, including construction contractors and subcontractors,
agree in every contract to \*\*\* \"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.\" (Section 202. cl. 1. Executive Order 11246, as
amended.)

\* \* \* \*

A number of methods and procedures for establishing goals and timetables
for the construction industry have been considered and the OFCCP has
concluded that this Notice form is the most reasonable and efficient way
to inform construction contractors of their obligations and to protect
workers under the Executive Order. First, the Hometown Plan concept
contemplates that contractors, unions, and the local community
voluntarily will agree to an affirmative action plan, submit it to the
OFCCP for approval and, if approved, compliance with the plan will
constitute compliance with the Executive Order. This process is time
consuming and does not always guarantee agreement. Indeed, under this
process only 62 Hometown Plans have been developed and approved and only
33 presently exist. These plans cover only a small fraction of the
cities in the country and only a small portion of Federal and federally
assisted construction. Similarly the imposed Plans require long and
drawn out proceedings before they are implemented. These proceedings
include public hearings in each area where the plan is imposed and
subsequent publication in the Federal Register and codification in the
Code of Federal Regulations. Moreover, the hearing process did not
always produce reliable data upon which reasonable goals could be based
thereby making it necessary for the OFCCP to develop the goals using
Census Bureau prepared data. Through this process, seven plans have been
imposed.

In order to cover some of the major Federal and federally assisted
construction contracts being performed outside of Hometown and Imposed
Plan areas, Special Bid Conditions were designed. Under this concept the
compliance agencies establish goals and timetables for construction
contracts for which they have compliance responsibility and submit the
Special Bid Conditions to the OFCCP for approval prior to the time the
bids or offers were solicited. Special Bid Conditions unlike Hometown
and Imposed Plans, however, are limited to the projects for which they
were designed. Accordingly, two projects being in close proximity would
require separate Bid Conditions if the projects involved were assigned
to different agencies for compliance purposes, or no Bid Conditions at
all if the compliance agency did not act prior to the solicitation.

The three affirmative action methods previously used do not allow for an
efficient system which provides a fair degree of protection for
construction employees. The notice system, on the other hand, allows for
the use of the best data available, which was not always forthcoming in
hearings, and an efficient and prompt implementation of the goals which
result from that data.

\* \* \* \*

It was against this background that the Department of Labor published a
notice in the **Federal Register** (44 FR 52348) an September 7, 1979,
proposing to establish numerical goals for minority utilization in the
construction industry pursuant to Section 202 of Executive Order 11246
and 41 CFR 60-4.6. In proposing the goals, the Department of Labor had
several concerns. First, there was concern that standards, methodologies
and procedures should be established which are not confusing to
contracting agencies and procurement contracting officers at both the
Federal and State and local government levels (in the case of federally
assisted construction). In this connection, it was important that once
such standards and methodologies are developed that they conveniently
lend themselves to utilization by procurement contracting officers.

Second, it also was important that all covered construction be subject
to the numerical goal requirements. In this connection, the Department
of Labor was concerned that a system as uniform as possible be
established so that all covered contractors are treated equally and that
one does not enjoy advantages over others in competing for federally
involved construction contracts.

Finally, the Department was concerned that numerical goals be based on a
rational, reliable, valid and uniform information base. Accordingly, the
Department of Labor proposed to use Census Bureau prepared data and
selected the Standard Metropolitan Statistical Area (SMSA) as the
standard geographical unit for establishing goals. Where there was no
SMSA, the Economic Area (EA) was selected as the standard geographical
unit. The numerical goal itself was the minority percentage in the
experienced civilian labor force of the SMSA or the EA, whichever is
applicable in a given area. Thus, a contractor performing a nonexempt
construction contract in an SMSA with a 20 percent minority labor force
would have a minority goal of 20 percent for each craft and trade
employed by the contractor in the SMSA, and would be required to take
every good faith step to ensure that 20 percent of its work hours were
performed by minority workers.

One hundred fifty-four written comments were received by the Department
of Labor during the comment period. The comments were directed both to
the proposed notice regarding minority goals and to the proposed
clarification of 41 CFR Part 60-4, published for comment on the same
date (44 FR 52283). Each of the comments has been thoroughly reviewed
and considered including comments which were received after the closing
date. In addition, we have analyzed and given careful consideration to
comments received by the Equal Employment Opportunity Commission (EEOC)
pursuant to its October 5, 1979 (44 FR 57491), request for public
comment on whether the proposed minority goals should be aggregated or
disaggregated by individual minority subgroup. The comments received
after the closing date and by EEOC are in addition to the 154 comments
mentioned above.

**Summary of Comments**

1\. A number of the contractor associations objected to the Economic
Area (EA) and Standard Metropolitan Statistical Area (SMSA) as the basic
geographical units on which goals are to be established. The
associations expressed the view that their contractor members\'
respective EAs bore neither geographical nor economic relationships to
SMSAs. Further, a significant number of associations contended that the
commuting patterns in their members\' localities were inverse to the
models determined by the Bureau of the Census, i.e., the associations
asserted that workers travel from EAs to SMSAs for employment
opportunities, not from SMSAs (cities) to EAs (rural areas); and that
minorities resist traveling to work sites in the large geographical
units covered by the EAs from urban centers where they reside. As such,
they argued that minority availability will not be sufficient to meet
the proposed goals.

2\. A number of comments objected to the use of 1970 Census data to
determine goal levels. Contractors and contractor associations stressed
the need for data that are localized and based on requisite skills of
workers. State, Federal and local government officials (\"Government\")
and minority advocate groups contended that 1970 Census data are
outmoded. Although these latter groups supported the suggestion that
current, local data be utilized, or that 1980 data, when available, be
used to set minority goals, they cited different reasons for their
conclusions. Some comments also asserted that the 1970 Census data
undercounted minorities, and that the resultant goals should, therefore,
be higher than those proposed by OFCCP.

3\. Government officials and advocacy groups also expressed concern for
what they perceived to be a lessening of employment opportunities for
minorities in the construction industry. These comments identified
specific major cities where the proposed goals would be lower than
existing Hometown Plan goals or locally legislated goals or the OFCCP\'s
interim minority goals published at 43 FR 14888. Some comments
suggested, and in some instances advocated, adoption of a three-goal
concept (central city goal, SMSA goal, and EA goal). Other comments
suggested that some form of \"targeting\" of critical areas would be
preferable in order to maintain or increase minority gains in urban
areas.

4\. Other comments, primarily from contractors, objected to the use of
the 64 single goals for all crafts\" concept. They contended that a
single goal is unrealistic and ignores variations in skill levels and
the actual availability of skilled workers.

As indicated above, on October 5, 1979, the Equal Employment Opportunity
Commission (EEOC) also published a proposal requesting comments on
whether OFCCP\'s minority goals should be disaggregated. That is,
whether there should be separate goals for each minority group. Also, as
indicated above, the Department of Labor has analyzed those comments as
well.

The comments received by EEOC supporting aggregation may be summarized
as follows:

1\. Because the construction industry\'s workforce is not stable due to
the fact that \"most of the workers are employed for a short duration,
and only in specialized skills,\" separate goals would increase the
administrative burdens involved in monitoring and reporting minority
hiring and would raise construction costs. Some comments suggested that
the paperwork involved would have its greatest impact on small
contractors to whom it may be prohibitively expensive.

2\. Where total or individual minority group populations are very small,
it would be difficult to meet percentage goals. Furthermore, where the
total onsite construction workforce is small, goals of less than one
percent would be impossible to comply with; nevertheless, contractors
would be cited for underutilization. In such instances, goals of less
than one percent should be set for all minorities or for particular
minorities.

3\. Individual minority group goals would require contractors to
overlook qualified members of one minority group to hire members from
another minority group in order to meet specific goals. One comment
described a hypothetical newspaper advertisement seeking members for
specific jobs: \"Note, blacks need not apply, we have met our goals.\"
Another comment noted \"Substantial expense, wasted effort, and loss in
productivity results from having to pass over presently available
minorities possessing requisite skills simply to satisfy the goal for
another minority group.\"

4\. Contractors would have to incur the additional expense of recruiting
and training members of specific minority groups in order to meet
individual minority group goals.

5\. Separate minority group goals would lead to divisiveness among the
various minority groups. i.e., to the extent that a particular group
believed its goal to be too low, any increases would be perceived as
coming at the expense of another group in order that the overall
minority goal remain equal to the minority percentage of the experienced
civilian labor force. In this regard, some comments stated that only
some minority groups would gain leaving others at a significant
disadvantage.

The comments received by EEOC opposing aggregation may be summarized as
follows;

1\. Reporting minority hiring on an aggregate basis can give the
appearance of full minority utilization when in fact some minority
groups are being totally excluded or seriously underutilized. As a
result, a particular minority group might have a disproportionately
greater share of job opportunities relative to other minority groups,
and the problems of smaller minority groups might be masked by a full
utilization figure. In contrast, disaggregation would yield a more
accurate data base for the identification of underutilization.

2\. Contractors could freely engage in discriminatory practices targeted
against particular minority groups and thereby favor or exclude members
of a particular minority group and still meet the single minority goal.
Disaggregation of goals would effectively reduce contractor
opportunities to exercise discriminatory preferences.

In the discussion section below, we will take up the issues raised in
these comments.

**Discussion**

1\. Some contractor associations objected to the use of SMSAs and EAs as
the basic geographical units for establishing goals. As indicated above,
the Executive Order mandates that the Department of Labor promulgate
regulations to implement the affirmative action requirement of the
Order. Numerical employment goals have proven to be an effective method
of achieving equal employment opportunity. Previous affirmative action
requirements adopted by OFCCP for the purpose of placing employment
goals on construction contractors left most construction work uncovered
because the plans did not lend themselves to widespread use (see
discussion of this point above). Moreover, the public hearings and other
procedures utilized for the purpose of giving the public an opportunity
to provide input did not always produce reliable data on which goals
could be based. Consequently, additional research was required to
produce the data on which such goals could be based.

The Department, in attempting to improve equal employment opportunity in
the construction industry through employment goals, has used a number of
different geographical units as the base on which the goals were
established. These units have included cities, combinations of cities
and counties, SMSAs and an entire state. In addition, and as stated in
the Federal Register notice when the goals were proposed (44 FR
52348‑52349):

The Department also examined the possibility of using other geographical
divisions as goal setting areas. Principally, the Department examined
the Federal Wage Survey Areas as a possible geographical base for
setting goals. These are contiguous areas which cover the entire country
and are based upon the commuting patterns of Federal employees. However,
construction trades are not part of the survey and the areas reflect the
commuting patterns of Federal employees who usually work at fixed
locations.

However, when all objectives are considered (e.g., consistent, uniform
and equal treatment of contractors which constantly compete against each
other for contracts, uniform and broad protection of employees and
applicants for employment, a uniform and reliable data base, and
standards and methodologies which can be administered on a coherent
basis), the SMSAs and EAs are the geographical units which possess the
most positive characteristics and the smallest number of negative
characteristics. SMSAs, for example, have been conceptually developed
and defined by the Office of Management and Budget. These statistical
areas (or geographical units) represent a reasoned judgment as to how
metropolitan areas may be defined statistically in a uniform manner
using data items that are: (1) widely recognized as indicative of
metropolitan character (population, urban character, non-agricultural
employment, population density, commuting ties); and (2) available from
a body of Federal statistics which has been uniformly and simultaneously
collected in all parts of the country, and processed and tabulated
according to consistent standards. Thus, if a project is located within
an SMSA, it can be concluded that a reasonable commuting area exists
within that SMSA, and that goals based on SMSA statistics are accurate.
Furthermore, the majority of the United States\' population lives in the
counties contained in the SMSAs. (For a more complete discussion of the
underlying concepts and derivations of SMSAs, see \"Standard
Metropolitan Statistical Areas.\" Office of Management and Budget,
1975.)

The \"Economic Areas\" concept was developed and defined by the Bureau
of Economic Analysis in the U.S. Department of Commerce. Economic Areas
are viewed as centers of commerce and generally cover areas which
include the places of work and residence for most workers. There are 183
such areas, defined along county lines, covering the entire country.
Counties were assigned to these economic areas in accordance with
commuting patterns based primarily on data gathered by the Bureau of the
Census. (For a full explanation of the derivation of EAs, see \"The BEA
Economic Areas: Structural Changes and Growth 1950‑ 73,*\" Survey of
Current Business. November 11, 1975.)*

Those comments which contend that the proposed minority employment goals
for SMSAs and EAs are too high because construction workers tend to
travel from EAs and SMSAs to central cities and that minority workers
will not travel to rural and suburban areas are not persuasive. Numerous
studies have demonstrated that minorities tend to be concentrated in the
central cities. Like other workers, minorities will travel to the areas
where the jobs are generated and, according to data obtained from the
Bureau of the Census, the construction jobs will be, for the most part,
in the SMSAs and the suburban communities. That data, which reported the
dollar value of building construction permits let by political
jurisdictions across the country reveal that over 72 percent of the
total dollar amount was for projects located outside of the central or
core city. Based on the assumption that the greater the dollar value of
the construction, the greater the number of jobs to be created, it is
reasonable to assume that, with few exceptions, the number of jobs for
minorities will be greater in these fringe areas, and the proposed goals
should reflect this. In addition, it is a well known fact that
construction workers follow the work, even if it means traveling long
distances. There is no evidence that this traveling factor is different
for minorities than it is for nonminorities. Indeed, there have been
instances where minorities have moved to locations in order that they
avail themselves of construction employment opportunities.

2\. Contractors contended that the minority goals should be by
individual trade/craft rather than a single goal for all crafts because
to do otherwise ignores the unavailability of minority construction
workers, both skilled and unskilled, and makes it virtually impossible
for contractors to meet the goal. After giving consideration to the use
of individual craft/trade goals, the Department concluded that the
\"single goal for all crafts\" concept reflects the relevant pool from
which minority workers can be drawn, and offers a greater opportunity
for minorities to work in all construction trades at this time.

Further, the Department of Labor has reviewed the data available on
which individual trade/craft goals might be based and finds that they
are seriously limited. The 1970 Census has some data on minority
participation in the individual trades; however, it reflects pre-1970
employment practices of the construction industry which excluded
minorities from working in many trades regardless of their skill.
Individual craft data at the county level are unreliable because of the
small population samples and the even smaller number of minorities
employed in the trades. Such data, therefore, cannot provide an accurate
basis for setting appropriate individual craft/trade goal levels.

Bearing in mind that the intent of the goals is an initial measure of
the contractors\' good faith efforts to increase the employment
opportunities for minorities and women. and that many trades have
minimal entry education and skill requirements, the single goal approach
is appropriate and reasonable. Moreover, the single goal concept is
predicated upon the proposition that had it not been for the
long-standing exclusion of minorities from the skilled construction
crafts, minorities would be represented in these crafts at least to the
extent of their representation in the total labor force in a given
geographical area. (See, *United Steelworkers of America v. Weber,* 443
U.S. 193.)

3\. The Department is sensitive to those comments which state that 1970
Census data are outmoded. The Census data, of course, are collected
decennially. Nevertheless, the advantages of the Census data far
outweigh the advantages of data which may have been collected more
recently. The latest nationwide labor force data, for example, are
contained in the 1970 Census of Population. At the request of the
Department of Labor, the Bureau of Census has made a tabulation of the
1970 Census data which provides counts of minority and other persons in
the experienced civilian labor force. Moreover, the method adopted here
for establishing goals lends itself to easy amendment, and it is
expected that the goals will be adjusted when the 1980

Census data have been tabulated.

4\. Some groups objected that the SMSA and EA goals in some instances
were lower than presently existing goals in Hometown Plans or goals
retained from the old Imposed Plans. Protection of employees and
applicants for employment will not be lessened by the new goals
established in the attached Appendix. First, they are affirmative action
goals, and contractors are required to use every good faith effort to
meet them. They do not preclude OFCCP from requiring either higher goals
or stronger corrective action of individual contractors in specific
cases to remedy the effects of past discriminatory practices. Needless
to say, Administrative Law judges and courts would not be bound to
follow these affirmative action goals when additional relief is
necessary to correct discriminatory practices. Second, the Hometown Plan
goals are not affected by the goals adopted today. Signatories to
current Hometown Plans will continue to follow the Hometown Plan goals
(see 41 CFR 60‑4.5). Third, Imposed Plans primarily covered and were
confined to major metropolitan areas where minority concentrations tend
to be high. The percentage goals for minorities in the plans accordingly
tended to be high. However, by expanding the geographical area (i.e.,
from city to SMSA or to EA), the total number of minorities protected by
the goals adopted today increases, although there may be some decrease
in the percentage level of the goals. Fourth, all nonexempt construction
will be subject to the relevant minority numerical goal whereas such
requirements now are limited to a relatively small number of major
metropolitan areas.

5\. The goals published today for minority utilization are based upon
both male and female minority representation in the labor force. In
addition, a single goal or aggregated goal for all minority groups is
adopted. Many useful comments were submitted in response to EEOC\'s
request for public comments on whether an aggregated minority goal or
whether disaggregated minority goals should be adopted by OFCCP for
construction contractors. The Department and EEOC also have had
productive discussions on this issue.

As a consequence, the Department of Labor and EEOC have agreed that
disaggregated minority goals - for each race and national origin group,
by sex - will be instituted as soon as detailed tabulated 1980 Census
data are available. The 1980 Census data are expected to include precise
data on a widespread basis for various minority subgroups.

EEOC and the Department of Labor will propose appropriate minority
subgroup participation rates below which aggregation will occur in order
to ensure meaningful minority subgroup goals for individual contractor
workforces.

**Minority Goals for New York City**

Minority hiring goals as proposed on September 7, 1979, for the five
counties comprising the City of New York will not be adopted at this
time. The proposed goals will be held in abeyance pending resolution of
whether or not the proposed goals conform to the terms of a court order
entered in *Percy v. Brennan,* 384 F. Supp. 800 (1975*).* Until such
time as that issue has been resolved, the goals in existence for those
counties now will remain effective, and those by trade goals have been
published in the Appendix.

**Conclusions**

Based on all those considerations, the Department of Labor hereby adopts
the SMSA as the basic geographical unit for establishing goals and the
Economic Area as the geographical unit for those areas located outside
of the SMSA\'s. The goal established for minority utilization for each
of these geographical units is the minority civilian labor force
percentage for each such‑ geographical unit.

The latest available nationwide labor force data are contained in the
1970 Census of Population. To prepare the proposed goals, the Bureau of
Census has prepared for OFCCP a tabulation of the 1970 Census data that
provides counts of minority and other persons in the experienced
civilian labor force.

A single minority goal is established for each SMSA and EA without a
timetable. Timetables for the achievement of minority goals are not
provided because it is assumed that after 10 years of Executive Order
and other equal employment opportunity efforts to increase the minority
participation in the labor force. These levels should be at least at the
1970 minority force figures. The minority utilization goals adopted
today were calculated using the 1970 Census tabulation mentioned above,
and are set at the 1970 minority representation in the experienced
civilian labor force.

Separate goals are established for each of the SMSA\'s and for each of
the EA\'s. When a covered construction contract or subcontract is for a
project located in an SMSA, the goals for that SMSA apply. When a
covered construction contract or subcontract is for a project located in
an area outside of an SMSA, the EA goals for that area apply.

The minority (male and female) goals apply to Federal and federally
assisted construction contractors and subcontractors which have covered
contracts. The goals are expressed as a percentage of the total hours
worked by such a covered contractor\'s or subcontractor\'s entire onsite
construction workforce which is working on any construction site within
a relevant area. The goal applies to each construction craft and trade
in the contractor\'s entire workforce in the relevant area including
those employees working on private nonfederally involved projects.

The applicable goals for the contractor or subcontractors are the goals
for the geographical area where the contract is being performed, and all
the work of a Federal or federally assisted construction contractor or
subcontractor is covered regardless of whether the work is being
performed on a covered contract. Therefore, a contractor with a covered
contract in SMSA X would apply the goals for SMSA X for that contract.
The same contractor, however, would apply the SMSA Y goals to all its
construction work in SMSA Y even though that contractor\'s contracts in
SMSA Y were neither Federal nor federally assisted.

Finally, this notice and Appendix B‑80 do not affect contractors which
are participating under Hometown Plans approved by OFCCP with respect to
contracts being performed in the geographical area covered by the
Hometown Plan.

Each contracting agency, each applicant, and each contractor is required
to include the appropriate goal set forth below in all invitations for
bids or other solicitations for Federal or federally assisted
construction contracts of subcontracts in excess of \$10,000.

Accordingly, Appendix B of the Notice issued on April 7, 1978, (43 FR
14899) and corrected on May 5, 1978, (43 FR 19473) and Appendix B-1 of
the notice issued on March 20, 1979, (44 FR 27126) which established
goals for minority utilization in the construction industry are hereby
superseded.

A new Appendix B‑80 is hereby issued as set forth below which shall
become effective on November 3,1980.

Dated: September 30,1980.

**Ray Marshall,**

*Secretary of Labor.*

**John N. Gentry,**

*Under Secretary.*

**Donald *E.* Elisburg,**

*Assistant Secretary, Employment Standards Administration.*

**Weldon Rougeau,**

*Director, Office of Federal Contract Compliance Programs.*

**Appendix B‑80**

Until further notice, the following goals for minority utilization in
each construction craft and trade shall be included in all Federal or
federally assisted construction contracts and subcontracts in excess of
\$10,000 to be performed in the respective geographical areas. The goals
are applicable to each nonexempt contractor\'s total onsite construction
workforce, regardless of whether or not part of that workforce is
performing work on a Federal, Federally assisted or nonfederally related
project contract or subcontract.

Construction contractors which are participating in an approved Hometown
Plan (see 41 CFR 60-4.5) are required to comply with the goals of the
Hometown Plan with regard to construction work they perform in the area
covered by the Hometown Plan. With regard to all their other covered
construction work, such contractors are required to comply with the
applicable SMSA or EA goal contained in this appendix B-80.

*(The minority participation goals by economic area are listed on the
following pages)*

**ECONOMIC AREAS**

**[STATE GOAL (percent)]{.underline}**

**Maine:**

> 001 Bangor, ME:
>
> Non‑SMSA Counties 0.8
>
> ME Aroostook; ME Hancock; ME Penobscot; ME Piscataquis; ME Waldo;
>
> ME Washington.
>
> 002 Portland‑Lewiston, ME:
>
> SMSA Counties:
>
> 4243 Lewiston‑Auburn, ME 0.5
>
> ME Androscoggin.
>
> 6403 Portland, ME 0.6
>
> ME Cumberland; ME Sagadahoc.
>
> Non‑SMSA Counties 0.5
>
> ME Franklin; ME. Kennebec; ME Knox. ME; Lincoln; ME Oxford; ME
> Somerset;
>
> ME York.

**Vermont:**

> 003 Burlington, VT:
>
> Non‑SMSA Counties 0.8
>
> NH Coos; NH Grafton; NH Sullivan; VT Ad­dison; VT Caledonia; VT
> Chittenden;
>
> VT Essex; VT Franklin; VT Grand Isle; VT Lamoille; VT Orange; VT
> Orleans;
>
> VT Ruthland; VT Washington; VT Windsor.

**Massachusetts:**

004 Boston, MA:

> SMSA Counties:

1123 Boston ‑ Lowell ‑ Brockton ‑ Lawrence ‑ Haverhill. MA‑NH 4.0

> MA Essex; MA Middlesex; MA Norfolk; MA Plymouth; MA Suffolk; NH
> Rockingham.

4763 Manchester‑Nashua, NH 0.7

NH Hillsborough.

> 5403 Fail River‑New Bedford, MA 1.6
>
> MA Bristol

9243 Worcester - Fitchburg -- Leominster, MA 1.6

MA Worcester.

Non‑SMSA Counties 3.6

> MA Barnstable; MA Dukes‑, MA Nantucket, NH Belknap; NH Carroll; NH
> Merrimack; NH

Strafford.

**Rhode Island:**

005 Providence ‑ Warwick - Pawtucket, RI:

> SMSA Counties:

6483 Providence ‑ Warwick ‑ Pawtucket Rl 3.0

> Rl Bristol; Rl Kent; RI Providence; Rl Washington
>
> Non‑SMSA Counties 3.1
>
> RI Newport.

**Connecticut (Massachusets):**

> 006 Hartford ‑ New Haven ‑ Springfield, CT‑MA:
>
> SMSA Counties:
>
> 3283 Hartford ‑ New Britain -- Bristol, CT 6.9
>
> CT Hartford; CT Middlesex; CT Tolland
>
> 5483 New Haven ‑ Waterbury -- Meriden, CT 9.0
>
> CT New Haven.
>
> 5523 New London ‑ Norwich, CT 4.5
>
> CT New London.
>
> 6323 Pittsfield, MA 1.6
>
> MA Berkshire.
>
> 8003 Springfield ‑ Chicopee ‑ Holyoke. MA-CT 4.8
>
> MA Hampden; MA Hampshire.
>
> Non‑SMSA Counties 5.9
>
> CT Litchfield; CT Windham; MA Franklin; NH Cheshire; VT Windham.

**New York:**

> 007 Albany ‑ Schenectady ‑ Troy, NY:
>
> SMSA Counties:
>
> 0160 Albany ‑ Schenectady -- Troy, NY 3.2
>
> NY Albany; NY Montgommy, NY Rensselaer, NY Saratoga; NY Schenectady.
>
> Non‑SMSA Counties 2.6­
>
> NY Clinton; NY Columbia; NY Essex; NY Fulton; NY Greene; NY Hamilton,
> NY Scho­harie
>
> NY Warren; NY Washington; VT Ben­nington.
>
> 008 Syracuse ‑ Utica, NY:
>
> SMSA Counties:
>
> 8160 Syracuse 3.8
>
> NY Madison; NY Onondaga; NY Oswego.
>
> 8680 Utica ‑Rome, NY 2.1
>
> NY Herkimer; NY Oneida.

Non‑SMSA Counties 2.5

> NY Cayuga; NY Cortland; NY Franklin; NY Jefferson; NY Lewis; NY St.
> Lawrence.

009 Rochester, NY:

SMSA Counties:

> 6840 Rochester, NY 5.3
>
> NY Livingston; NY Monroe; NY Ontario; NY Orleans; NY Wayne.
>
> Non‑SMSA Counties 5.9
>
> NY Genesee; NY Seneca; NY Yates.

010 Buffalo, NY:

> SMSA Counties:
>
> 1280 Buffalo, NY 7.7
>
> NY Erie; NY Niagara.
>
> Non‑SMSA Counties 6.3

NY Allegany; NY Cattaraugus; NY Chautauqua; NY Wyoming. PA McKean; PA
Potter.

011 Binghamton ‑ Elmira, NY:

> SMSA Counties
>
> 0960 Binghamton, NY ‑ PA 1.1
>
> NY Broome; NY Tioga; PA Susquehanna.
>
> 2335 Elmira, NY 2.2
>
> NY Chemung
>
> Non‑SMSA Counties 1.2
>
> NY Chenango; NY Delaware; NY Otsego; NY Schuyler; NY Steuben; NY
> Tompkins;
>
> PA Bradford; PA Tioga.
>
> 012 New York, NY:
>
> SMSA Counties:
>
> 1163 Bridgeport ‑ Stamford ‑ Norwalk - Danbury, CT 10.2
>
> CT Fairfield.
>
> 3640 Jersey City, NJ 12.8
>
> NJ Hudson.
>
> 4410 Long Branch ‑ Asbury Park, NJ 9.5
>
> NJ Monmouth
>
> 5380 Nassau -- Suffolk, NY 5.8
>
> NY Nassau; NY Suffolk.
>
> 5460 New Brunswick - Perth Amboy - Sayreville, NJ.
>
> NJ Middlesex 5.8
>
> 5600 New York NY, NJ .
>
> NJ Bergen; NY Putnam; NY Rockland; NY Westchester 22.6
>
> The following goal ranges are applicable to the indicated trades in
> the counties of Bronx, Kings, New York, Queens, and Richmond.
>
> Electricians 9.0 to 10.2

Carpenters 27.6 to 32.0

> Steam fitters 12.2 to 13.5
>
> Metal lathers 24.6 to 25.6
>
> Painters 28.6 to 26.0
>
> Operating Engineers 25.6 to 26.0

Plumbers 12.0 to 14.5

> Iron workers (struct) 25.9 to 32.0
>
> Elevator constructors 5.5 to 6.5
>
> Bricklayers 13.4 to 15.5
>
> Asbestos workers 22.8 to 28.0
>
> Roofers 6.3 to 7.5
>
> Iron workers (ornamental) 22.4 to 23.0
>
> Cement masons 23.0 to 27.0
>
> Glaziers 16.0 to 20.0
>
> Plasterers 15.8 to 18.0
>
> Teamsters 22.0 to 22.5

Boilermakers 13.0 to 15.5

All others 16.4 to 17.5

5640 Newark, NJ 17.3

NJ Essex; NJ Morris; NJ Somerset; NJ Union.

6040 Paterson ‑ Clifton ‑ Passaic., NJ 12.9

NJ Passaic.

6460 Poughkeepsie, NY 6.4

NY Dutchese

Non‑SMSA Counties 17.0

NJ Hunterdon; NJ Ocean; NJ Sussex; NY Orange; NY Sullivan; NY Ulster; PA
Pike.

**Pennsylvania:**

013 Scranton - Wilkes-Barre, PA:

SMSA Counties

5745 Northeast Pennsylvania 0.6

PA Lackawanna; PA Luzerne; PA Monroe.

Non‑SMSA Counties 0.5

PA Columbia; PA Wayne; PA Wyoming.

014 Williamsport, PA:

SMSA Counties

9140 Williamsport, PA 1.0

PA Lycoming.

Non‑SMSA Counties 0.7

PA Cameron; PA Centre; PA Clearfield; PA Clinton; PA Elk; PA Jefferson;

PA Montour; PA Northumberland; PA Snyder; PA Sullivan; PA Union.

015 Erie, PA:

SMSA Counties:

2360 Erie, PA 2.8

PA Erie.

Non‑SMSA Counties 1.8

PA Clarion; PA Crawford; PA Forest; PA Venango; PA Warren.

016 Pittsburgh, PA:

SMSA Counties

0280 Altoona, PA 1.0

PA Blair.

3680 Johnson, PA 1.3

PA Cambria; PA Somerset.

6280 Pittsburgh, PA 6.3

PA Allegheny; PA Beaver; PA Washington; PA Westmoreland.

Non‑SMSA Counties 4.8

MD Allegany; MD Garrett; PA Armstrong; PA Bedford; PA Butler;

PA Fayette; PA Greene; PA Indiana; WV Mineral.

017 Harrisburg ‑ York ‑ Lancaster, PA:

SMSA Counties

3240 Harrisburg PA 6.2

PA Cumberland; PA Dauphin; PA Perry.

4000 Lancaster, PA 2.0

PA Lancaster.

9280 York, PA 2.2

PA Adams; PA York.

Non‑SMSA‑Counties 3.1

PA Franklin; PA Fulton; PA Huntingdon; PA Juniata; PA Lebanon; PA
Mifflin.

018 Philadelphia, PA:

SMSA Counties

0240 Allentown ‑ Bethlehem ‑ Easton, PA-NJ 1.6

NJ Warren; PA Carbon; PA Lehigh; PA Northhampton.

0560 Atlantic City, NJ 18.2

NJ Atlantic

6160 Philadelphia, PA‑NJ 17.3

NJ Burlington; NJ Camden; NJ Glouchester; PA Bucks; PA Chester;

PA Delaware; PA Montgomery; PA Philadelphia.

8680 Reading, PA 2.5

PA Berks.

8480 Trenton, NJ 16.4

NJ Mercer.

8760 Vineland ‑ Millville ‑ Bridgeton, NJ 16.0

NJ Cumberland.

9160 Wilmington, DE-NJ-MD 12.3

DE Now Castle; MD Cecil; NJ Salem.

Non‑SMSA Counties 14.5

DE Kent; DE Sussex; NJ Cape May; PA Schuylkill.

**Maryland:**

019 Baltimore, MD

> SMSA Counties:

0720 Baltimore MD 23.0

> MD Anne Arundel; MD Baltimore; MD Carroll; MD Harford; MD Howard;
>
> MD Baltimore City.
>
> Non‑SMSA Counties 23.6
>
> MD Caroline; MD Dorchester; MD Kent; MD Queen Annes; MD Somerset;
>
> MD Talbot; MD Wicomico; MD Worcester; VA Accomack; VA Northamptom

**Washington DC:**

> 020 Washington DC:

SMSA Counties

> 8840 Washington, DC‑MD‑VA 28.0
>
> DC District of Columbia; MD Charles; Montgomery; MD Prince Georges;
>
> VA Arlington; VA Fairfax; VA Loudoun; VA Prince William; VA
> Alexandria;
>
> VA Fairfax City; VA Falls Church.

Non‑SMSA Counties 25.2

> MD Calvert; MD Frederick; MD St. Marys; MD Washington; VA Clarke;
>
> VA Culpepper; VA Fauquier; VA Frederick; VA King George; VA Page;
>
> VA Rappahannock; VA Shenandoah; VA Spottsylvania; VA Stafford; VA
> Warren;
>
> VA Westmoreland; VA Fredericksburg; VA Winchester; WV Berkeley; WV
> Grant;
>
> WV Hampshire;. WV Hardy; WV Jefferson; WV Morgan.

**Virginia:**

021 Roanoke‑Lynchburg VA:

SMSA C4unties:

> 4640 Lynchburg, VA 19.3
>
> VA Amherst; VA Appomattox; VA Campbell; VA Lynchburg.
>
> 6800 Roanoke, VA 10.2

VA Botetourt; VA Craig; VA Roanoke VA; VA Roanoke City; *VA* Salem.

> Non‑SMSA Counties 12.0
>
> VA Alleghany, VA Augusta; VA Bath; VA Bedford; VA Bland; VA Carroll;
> VA Floyd;
>
> VA Franklin; VA Giles; VA Grayson; VA Henry; VA Highland; VA
> Montgomery;
>
> VA Nelson; VA Patrick; VA Pittsylvania; VA Pulaski; VA Rockbridge;
>
> VA Rockingham; VA Wythe; VA Bedford City; VA Buena Vista; VA Clifton
> Forge;
>
> VA Covington; VA Danville; VA Galex; VA Harrisonburg; VA Lexington; VA
> Martinsville;
>
> VA Radford; VA Staunton; VA Waynesboro; WV Pendleton.

022 Richmond, VA:

SMSA Counties:

6140 Petersburg ‑ Colonial Heights -- Hopewell, VA 30.6

> VA Dinwiddie; VA Prince George; VA Colonial Heights; VA Hopewell; VA
> Petersburg.
>
> 6760 Richmond, VA 24.9

VA Charles City; VA Chesterfield; VA Goochland; VA Hanover; VA Henrico;

VA New Kent; VA Powhatan; VA Richmond.

Non‑SMSA Counties 27.9

> VA Albemarle; VA Amelia; VA Brunswick; VA Buckingham; VA Caroline; VA
> Charlotte;
>
> VA Cumberland; VA Essex; VA Fluvanna; VA Greene; VA Greensville; VA
> Halifax;
>
> VA King And Queen; VA King William; VA Lancaster; VA Louisa; VA
> Lunenberg;
>
> VA Madison; VA Mecklenburg; VA NorthumberIand; VA Nottoway; VA Orange;
> VA Prince Edward; VA Richmond; VA Sussex; VA Charlottesville; VA
> Emporia; VA South Boston.
>
> 023 Norfolk ‑ Virginia Beach ‑ Newport News, VA:
>
> SMSA Counties:
>
> 5680 Newport News‑Hampton, VA 27.1

VA Gloucester, VA James City; VA York; VA Hampton; VA Newport News;

VA Williamsburg.

> 5720 Norfolk ‑ Virginia Beach -- Portsmouth VA -- NC 26.6

NC Currituck; VA Chesapeake; VA Norfolk; VA Portsmouth; VA Suffolk;

VA Virginia Beach.

> Non‑SMSA Counties 29.7
>
> NC Bertie; NC Camden; NC Chowan; NC Gates; NC Hertford; NC Pasquotank;
>
> NC Perquimans; VA Isle of Wight; VA Matthews; VA Middlesex; VA
> Southampton;
>
> VA Surry; VA Franklin.

**North Carolina:**

> 024 Rocky Mount ‑ Wilson ‑ Greenville NC:
>
> Non‑SMSA Counties 31.7
>
> NC Beaufort; NC Carteret; NC Craven; NC Dare; NC Edgecombe; NC Greene;
> NC Halifax; NC Hyde; NC Jones; NC Lenoir; NC Martin; NC Nash; NC
> Northampton; NC Pamlico; NC Pitt; NC Tyrrell; NC Washing­ton; NC Wayne;
> NC Wilson
>
> 025 Wilmington, NC:
>
> SMSA Counties:
>
> 9200 Wilmington, NC 20.7
>
> NC Brunswick; NC New Hanover.
>
> Non‑SMSA counties 23.5
>
> NC Columbus; NC Duplin; NC Onslow; NC Pender.
>
> 026 Fayetteville, NC:
>
> SMSA Counties:
>
> 2560 Fayetteville, NC 26.2
>
> NC Cumberland.
>
> Non‑SMSA Counties 33.5
>
> NC Bladen; NC Hoke; NC Richmond; NC Robeson; NC Sampson; NC Scotland.
>
> 027 Raleigh - Durham, NC.
>
> SMSA Counties:
>
> 6640 Raleigh -- Durham 22.8
>
> NC Durham; NC Orange; NC Wake.
>
> Non‑SMSA Counties 24.7
>
> NC Chatham; NC Franklin; NC Granville; NC Harnett; NC Johnston; NC
> Lee; NC Person;
>
> NC Vance; NC Warren.
>
> 028 Greensboro ‑ Winston Salem ‑ High Point, NC:
>
> SMSA Counties:
>
> 1300 Burlington, NC 16.2
>
> NC Alamance.
>
> 3120 Greensboro - Winston Salem -- High Point NC 16.4
>
> NC Davidson; NC Forsyth; NC Guilford; NC Randolf; NC Stokes; NC
> Yadkin.
>
> Non‑SMSA Counties 15.5
>
> NC Alleghany; NC Ashe; NC Caswell; NC Davie; NC Montgomery; NC Moore;
> NC Rockingham; NC Surry; NC Watauga; NC Wilkes.

029 Charlotte, NC:

> SMSA Counties:
>
> 1520 Charlotte -- Gastonia, NC 18.5
>
> NC Gaston; NC Mecklenburg; NC Union.

Non‑SMSA Counties 15.7

> NC Alexander; NC Anson; NC Burke; NC Cabarrus; NC Caldwell; NC
> Catawba; NC Cleveland; NC Iredell; NC Lincoln; NC Rowan; NC
> Rutherford; NC Stanley; SC Chester; SC Lancaster SC York.
>
> 030 Asheville, NC
>
> Non‑SMSA Counties:
>
> 0480 Asheville, NC 8.5
>
> NC Buncombe; NC Madison.
>
> Non‑SMSA Counties 6.3
>
> NC Avery; NC Cherokee; NC Clay; NC Graham; HC Heywood; NC Henderson;
>
> NC Jackson; NC McDowell; NC Macon; NC Mitchell; NC Swain; NC
> Transylvania;
>
> NC Yancey.

**South Carolina:**

> 031 Greenville -- Spartanburg, SC:
>
> SMSA Counties:
>
> 3160 Greenville --Spartanburg, SC 16.0
>
> SC Greenville; SC Pickens; SC Spartanburg.
>
> Non-SMSA Counties 17.8

SC Polk; SC Abbeville; SC Anderson; SC Cherokee; SC Greenwood; SC
Laurens;

SC Oconee; SC Union.

> 032 Columbia, SC
>
> SMSA Counties:
>
> 1760 Columbia, SC 23.4
>
> SC Lexington; SC Richland.
>
> Non‑SMSA Counties 32.0

SC Calhoun SC Clarendon; SC Fairfield; SC Kershaw; SC Lee; SC Newberry;

SC Orangeburg; SC Saluda; SC Sumter

> 033 Florence, SC
>
> Non‑SMSA Counties 33.0

SC Chesterfield; SC Darlington; SC Dillon; SC Florence; SC Georgetown;
SC Horry;

SC Marion; SC Marlboro; SC Williamsburg.

> 034 Charleston ‑ North Charleston, SC
>
> SMSA Counties
>
> 1440 Charleston ‑ North Charleston, SC 30.0

SC Berkeley; SC Charleston; SC Dorchester.

> Non‑SMSA Counties 30.7
>
> SC Collection

**Georgia:**

> 035 Augusta, GA:
>
> SMSA Counties:
>
> 0600 Augusta, GA -- SC 27.2
>
> GA Columbia; GA Richmond; SC Aiken
>
> Non‑SMSA Counties 32.8
>
> GA Burke; GA Emanuel; GA Glascock; GA Jefferson; GA Jenkins; GA
> Lincoln; GA
>
> McDuffie; GA Taliaferro; GA Warren; GA Wilkes; SC Allendale, SC
> Bamberg;
>
> SC BarnweIl; SC Edgefield; SC McCormick
>
> 036 Atlanta, GA
>
> SMSA Counties
>
> 0520 Atlanta 21.2
>
> GA Butts; GA Cherokee; GA Clayton; GA Cobb; GA Dekalb; GA Douglas; GA
> Fayette;
>
> GA Forsyth; GA Fulton; GA Gwinnett; GA Henry, GA Newton; GA Pauld­ing;
> GA Rockdale;
>
> GA Walton
>
> Non‑SMSA Counties 19.5
>
> GA Banks; GA Barrow; GA Bartow; GA Carroll; GA Clarke; GA Coweta; GA
> Dawson;
>
> GA Elbert; GA Fannin; GA Floyd; GA Franklin; GA Gilmer; GA Gordon; GA
> Greene;
>
> GA Habersham; GA Hall; GA Haralson; GA Hart; GA Heard; GA Jackson; GA
> Jasper;
>
> GA Lamar, GA Lumpkin; GA Madison, GA Morgan; GA Oconee, GA Oglethorpe;
>
> GA Pickens; GA Pike; GA PoIk; GA Rabun, GA Spalding; GA Stephens; GA
> Towns;
>
> GA Union; GA Upson; GA White.
>
> 037 Columbus, GA:­
>
> SMSA Counties
>
> 1800 Columbus 29.6

AL Russell; GA Chattahoochee; GA Columbus.

> Non‑SMSA Counties 31.6
>
> AL Chambers; AL Lee; GA Harris; GA Marion; GA Meriwether; GA Quitman;
>
> GA Schley; GA Stewart; GA Sumter; GA Talbot; GA Troup; GA Webster.
>
> 038 Macon, GA:
>
> SMSA Counties
>
> 4660 Macon, GA 27.5
>
> GA Bibb; GA Houston; GA Jones; GA Twiggs.
>
> Non‑SMSA Counties 31.7
>
> GA Baldwin; GA Bleckley; GA Crawford; GA Crisp; GA Dodge; GA Dooly; GA
> Hancock; GA Johnson; GA Laurens; GA Macon; GA Monroe; GA Peach; GA
> Pulaski; GA Putnam. GA Taylor; GA Telfair; GA Treutlen; GA Washington;
> GA Wheeler; GA Wilcox; GA Wilkinson.

039 Savannah, GA:

> SMSA Counties:
>
> 7520 Savannah, GA 30.6
>
> GA Bryan; GA Chatham; GA Effingham
>
> Non‑SMSA Counties 29.8

GA Appling; GA Atkinson; GA Bacon; GA Bullock; GA Candler; GA Coffee;

GA Evans; GA Jeff Davis; GA Liberty; GA Long; GA McIntosh; GA
Montgomery;

GA Screven; GA Tattinall; GA Toombs; GA Wayne; SC Beaufort; SC Hampton;
SC Jasper.

040 Albany, GA

> SMSA Counties
>
> 0120 Albany, GA 32.1
>
> GA Dougherty; GA Lee.
>
> Non-SMSA Counties 31.1
>
> GA Baker; GA Ben HiII; GA Berrien; GA Brooks; GA Calhoun; GA Clay; GA
> Clinch; GA Colquitt; GA Cook; GA Decatur; GA Early; GA Echols; GA
> Grady; GA Irwin; GA Lanier; GA Lowndes; GA Miller; GA Mitchell; GA
> Randolph; GA Seminole, GA Terrell; GA Thomas; GA Tift; GA Turner; GA
> Worth.

**Florida:**

> 041 Jacksonville, FL:
>
> SMSA Counties
>
> 2900 Gainesville, FL 20.6
>
> FL Alachua
>
> 3600 Jacksonville, FL 21.8

FL Baker; FL Clay; FL Duval; FL Nassau; FL St. Johns.

> Non‑SMSA Counties 22.2

FL Bradford; FL Columbia; FL Dade; FL Gilchrist; FL Hamilton; FL
LaFayetle;

FL Levy; FL Marion; FL Putnam; FL Suwannee; FL Union; GA Brantley; GA
Camden;

GA Charlton; GA Glynn; GA Pierce; GA Ware.

> 042 Orlando - Melbourne - Daytona Beach, FL.
>
> SMSA Counties:
>
> 2020 Daytona Beach, FL 15.7

FL Volusia.

> 4900 Melbourne -- Tutusville -- Cocoa, FL 10.7

FL Brevard.

> 5960 Orlando, FL 15.5

FL Orange; FL Osceola; FL Seminole.

> Non-SMSA Counties 14.9

FL Flagler; FL Lake; FL Sumter.

> 043 Miami - Fort Lauderdale, FL:
>
> SMSA Counties:
>
> 2680 Fort Lauderdale -- Hollywood, FL 15.5

FL. Broward.

> 5000 Miami, FL 39.5

FL Dade.

> 8960 West Palm Beach ‑ Boca Raton, FL 22.4

FL Palm Beach.

> Non‑SMSA Counties 30.4
>
> FL Glades; FL Hendry; FL Indian River; FL Martin; FL Monroe;

FL Okeechobee; FL St. Lucie.

> 044 Tampa ‑ St Petersburg, FL
>
> SMSA Counties:
>
> 1140 Bradenton, FL 15.9

FL Manatee.

> 2700 Fort Myers, FL 15.3

FL Lee.

> 3980 Lakeland ‑ Winter Haven, FL 18.0
>
> FL Polk

7510 Sarasota, FL 10.5

> FL Sarasota.
>
> 8280 Tampa ‑ St. Petersburg, FL 17.9
>
> FL Hillsborough, FL Pasco; FL Pinellas
>
> Non‑SMSA Counties 17.1
>
> FL Charlotte; FL Citrus; FL Collier, FL Desoto; FL Hardee; FL
> Hernando; FL Highlands.
>
> 045 Tallahassee. FL:
>
> SMSA Counties:
>
> 8240 Tallahassee, FL 24.3

FL Leon; FL Wakulla.

> Non‑SMSA Counties: 29.5

FL Calhoun; FL Franklin; FL Gadsden; FL Jackson; FL Jefferson; FL
Liberty;

FL Madison; FL Taylor.

> 046 Pensacola ‑ Panama City, FL
>
> SMSA Counties:
>
> 8615 Panama City, FL 14.1
>
> FL Bay.
>
> 6080 Pensacola, FL 18.3
>
> FL Escambia; FL Santa Rosa.
>
> Non‑SMSA Counties 15.4
>
> FL Gulf; FL Holmes; FL Okaloosa; FL Walton; FL Washington.

**Alabama:**

> 047 Mobile, AL
>
> SMSA Counties:
>
> 5160 Mobile, AL 26.9

AL Baldwin; AL Mobile.

> 6026 Pascagoula ‑ Moss, Point MS 16.9

MS Jackson.

> Non‑SMSA Counties 26.4

AL Choctaw; AL Clarke; AL Conecuh; AL Escambia; AL Monroe; AL
Washington; AL Wilcox; MS George; MS Greene.

> 048 Montgomery, AL:
>
> SMSA Counties
>
> 5240 Montgomery, AL 29.9

AL Autauga; AL Elmore; AL Montgomery.

> Non‑SMSA Counties 29.9
>
> AL Barbour; AL Bullock; AL Butler; AL Coffee; AL Coosa; AL Covington;
>
> AL Crenshaw; AL Dale; AL Dallas; AL Geneva; AL Henry; AL Houston;
>
> AL Lowndes; AL Macon; AL Perry; AL Pike; AL Tallapoosa.
>
> 049 Birmingham, AL:
>
> SMSA Counties:
>
> 0450 Anniston, AL 14.3

AL Calhoun.

> 1000 Birmingham, AL 24.9
>
> AL Jefferson; AL St. Clair; AL Shelby; AL Walker; AL Etowah
>
> 8600 Tuscaloosa, AL 20.6

AL Tuscaloosa.

> Non‑SMSA Counties 20.7
>
> AL Bibb; AL Blount; AL Cherokee; AL Chilton; AL Clay; AL Cleburne; AL
> Cullman;
>
> AL Fayette; AL Greene; AL Hale; AL Lamar; AL Marion; AL Pickens; AL
> Randolph;
>
> AL Sumter; AL Talladega; AL Winston.
>
> 050 Huntsville -- Florence, AL:
>
> SMSA Counties:
>
> 2650 Florence, AL 11.9
>
> AL Colbert; AL Lauderdale.
>
> 3440 Huntsville, AL 12.0
>
> AL Limestone; AL Madison; AL Marshall.
>
> Non‑SMSA Counties 11.2
>
> AL Franklin; AL Lawrence AL Morgan; TN Lincoln.

**Tennessee:**

> 051 Chattanooga, TN:
>
> SMSA Counties:
>
> 1560 Chattanooga, TN -- GA 12.5
>
> GA Catoosa; GA Dade; GA Walker; TN Hamilton;TN Marion; TN Sequatchie.
>
> Non‑SMSA Counties 8.6
>
> AL De Kalb; AL Jackson; GA Chattooga; GA Murray; GA Whitfield;
>
> TN Bledsoe; TN Bradley; TN Grundy; TN McMinn; TN Meigs; TN Monroe;
>
> TN Polk; TN Rhea.
>
> 052 Johnson City ‑ Kingsport ‑ Bristol, TN‑VA:
>
> SMSA Counties:
>
> 3660 Johnson City ‑ Kingsport ‑ Bristol. TN -- VA 2.6
>
> TN Carter; TN Hawkins; TN Sullivan; TN Unicoi; TN Washington; VA
> Scott;
>
> VA Washington; VA Bristol.
>
> Non‑SMSA Counties 3.2
>
> TN Greene; TN Hancock; TN Johnson; VA Buchanan; VA Dickenson; VA Lee;
>
> VA Russell; VA Smyth; VA Tazewell; VA Wise; VA Norton; WV McDowell, WV
> Mercer.
>
> 053 Knoxville, TN
>
> SMSA Counties:
>
> 3840 Knoxville, TN 6.6
>
> TN Anderson; TN Blount; TN Knox; TN Union.
>
> Non‑SMSA Counties 4.5
>
> KY Bell; KY Harlan; KY Knox; KY Laurel; KY McCreary; KY Wayne; KY
> Whitley; TN Campbell; TN Claiborne; TN Cocke; TN Cumberland; TN
> Fentress; TN Grainger, TN Hamblen; TN Jefferson; TN Loudon; TN Morgan;
> TN Roane; TN Scott;
>
> TN Sevier.
>
> 054 Nashville, TN:
>
> SMSA Counties:
>
> 1660 Clarksville ‑ Hopkinsville, TN ‑ KY 18.2
>
> KY Christian; TN Montgomery.
>
> 5360 Nashville ‑ Davidson, TN 15.8
>
> TN Cheatham, TN Davidson; TN Dickson; TN Robertson; TN Rutherford; TN
> Sumner;
>
> TN Williamson; TN Wilson.
>
> Non‑SMSA Counties 12.0
>
> KY Allen; KY Barren; KY Butler; KY Clinton; KY Cumberland; KY
> Edmonson;
>
> KY Logan; KY Metcalfe; KY Monroe; KY Simpson; KY Todd; KY Trigg; KY
> Warren;
>
> TN Bedford; TN Cannon; TN Clay; TN Coffee; TN DeKalb; TN Franklin; TN
> Giles;
>
> TN Hickman; TN Houston; TN Humphreys; TN Jackson; TN Lawrence; TN
> Lewis;
>
> TN Macon; TN Marshall; TN Maury; TN Moore; TN Overton; TN Perry; TN
> Pickett;
>
> TN Putnam; TN Smith; TN Stewart; TN Trousdale; TN Van Buren; TN
> Warren;
>
> TN Wayne; TN White.
>
> 055 Memphis, TN:
>
> SMSA Counties:
>
> 4920 Memphis, TN‑AR‑MS 32.3
>
> AR Critteriden; MS Do Soto; TN Shelby; TN Tipton.
>
> Non‑SMSA Counties 26.5
>
> AR Clay; AR Craighead; AR Cross; AR Greene; AR Lawrence; AR Lee;
>
> AR Mississippi; AR Phillips; AR. Poinsett; AR Randolph; AR St.
> Francis; MS Alcorn;
>
> MS Benton; MS Bolivar; MS Calhoun; MS Car­roll; MS Chickasaw, MS Clay;
>
> MS Coahoma; MS Grenada; MS ltawamba; MS Lafayette; MS Lee; MS Leflore;
>
> MS Marshall; MS Monroe; MS Montgomery; MS Panola; MS Pontotoc; MS
> Prentiss;
>
> MS Quitman; MS Sunflower; MS Tallahatchie; MS Tate; MS Tippah; MS
> Tishomingo;
>
> MS Union; MS Washington; MS Webster. MS Yalobusha; MO Dunklin;
>
> MO New Madrid; MO Pemiscot; TN Benton; TN Carroll; TN Chester; TN
> Crockett;
>
> TN Decatur; TN Dyer; TN Fayette; TN Gibson; TN Hardeman; TN Hardin;
>
> TN Haywood; TN Henderson; TN Henry; TN Lake; TN Lauderdale; TN
> McNairy;
>
> TN Madison; TN Obion; TN Weakley.

**Kentucky:**

> 056 Paducah, KY:
>
> Non‑SMSA Counties 5.2
>
> IL Hardin; IL Massac; IL Pope; KY Ballard; KY Caldwell; KY Calloway.
> KY Carlisle; KY Crittenden; KY Fulton; KY Graves; KY Hickman; KY
> Livingston; KY Lyon. KY McCracken; KY Marshall.
>
> 057 Louisville, KY:
>
> SMSA Counties:
>
> 4520 Louisville, KY‑IN 11.2
>
> IN Clark; IN Floyd; KY Bullitt; KY Jefferson; KY Oldham.
>
> Non‑SMSA Counties 9.6
>
> IN Crawford; IN Harrison; IN Jefferson; IN Orange; IN Scott; IN
> Washington;
>
> KY Breckinridge; KY Grayson; KY Hardin; KY Hart; KY Henry; KY Larue;
> KY Marion;
>
> KY Meade; KY Nelson; KY Shelby; KY Spencer; KY Trimble; KY Washington.
>
> 058 Lexington, KY­
>
> SMSA Counties
>
> 4280 Lexington‑Fayette, KY 10.8
>
> KY Bourbon; KY Clark; KY Fayette; KY Jessamine; KY Scott; KY Woodford.
>
> Non‑SMSA Counties 7.0
>
> KY Adair KY Anderson; KY Bath; KY Boyle; KY Breathitt; KY Casey; KY
> Clay;
>
> KY Estill; KY Franklin; KY Garrard; KY Green; KY Harrison; KY Jackson;
> KY Knott;
>
> KY Lee; KY Leslie; KY Letcher; KY Lincoln; KY Madison; KY Magoffin; KY
> Menifee;
>
> KY Mercer; KY Montgomery; KY Morgan. KY Nicholas; KY Owsley; KY Perry;
>
> KY Powell; KY Pulaski; KY Rockcastle; KY Russell; KY Taylor; KY Wolfe.

**West Virginia:**

059 Huntington, WV:

> SMSA Counties:
>
> 3400 Huntington -- Ashland, WV‑KY‑OH 2.9
>
> KY Boyd; KY Greenup; OH Lawrence; WV Cabell; WV Wayne.
>
> Non‑SMSA Counties 2.5
>
> KY Carter; KY Elliott; KY Floyd; KY Johnson; KY Lawrence; KY Martin;
> KY Pike;
>
> KY Rowan; OH Gallia; WV Lincoln; WV Logan; WV Mason; WV Mingo.
>
> 060 Charleston, WV
>
> SMSA Counties:
>
> 1480 Charleston, WV 4.9
>
> WV Kanawha; WV Putnam.
>
> Non‑SMSA Counties 4.2

WV Boone; WV Braxton; WV Calhoun; WV Clay; Fayette; WV Gilmer; WV
Greenbrier; WV Jackson; WV Monroe; WV Nicholas; WV Pocahontas; WV
Raleigh; WV Roane; WV Summers; WV Webster; WV Wyoming.

> 061 Morgantown‑Fairmont; WV:
>
> Non‑SMSA Counties 2.1
>
> WV Barbour; WV Doddridge; WV Harrison; WV Lewis; WV Marion; WV
> Monongalia; WV Preston; WV Randolph; WV Taylor; WV Tucker, WV Upshur.
>
> 062 Parkersburg, WV:
>
> SMSA Counties:
>
> 6020 Parkersburg‑Marietta. WV‑OH 1.1
>
> OH Washington; WV Wirt; WV Wood.
>
> Non‑SMSA Counties 1.2
>
> WV Pleasants; WV Ritchie.
>
> 063 Wheeling ‑ Steubenville ‑ Wierton, WV‑OH:
>
> SMSA Counties:
>
> 8080 Steubenville‑Wierton, OH‑WV 4.3
>
> OH Jefferson; WV Brooke; WV Hancock.
>
> 9000 Wheeling, WV‑OH 2.4
>
> OH Belmont; WV Marshall; WV Ohio.
>
> Non‑SMSA Counties 3.0
>
> OH Harrison; OH Monroe; WV Tyler; WV Wetzel.

**Ohio:**

> 064 Youngstown‑Warren, OH:
>
> SMSA Counties:
>
> 9320 Youngstown‑Warren, OH 9.4
>
> OH Mahoning; OH Trumbull.
>
> NonSMSA Counties 6.7
>
> OH Columbiana; PA Lawrence; PA Mercer.
>
> 065 Cleveland, OH:
>
> SMSA Counties:
>
> 0080 Akron, OH 7.8
>
> OH Portage; OH Summit.
>
> 1320 Canton, OH 6.1
>
> OH Carroll; OH Stark.

1680 Cleveland, OH 16.1

> OH Cuyahoga; OH Geauga; OH Lake; OH Medina.

4440 Lorain‑Elyria, OH 9.3

> OH Lorain.
>
> 4800 Mansfield, OH 6.3
>
> OH Richland.
>
> Non‑SMSA Counties:
>
> OH Ashland; OH Ashtabula; OH Coshocton; OH Crawford; OH Erie;
>
> OH Holmes; OH Huron; OH Tuscarawas; OH Wayne.
>
> 066 Columbus, OH:
>
> SMSA Counties:
>
> 1840 Columbus, OH 10.6
>
> OH Delaware; OH Fairfield; Franklin; OH Madison; OH Pickaway.
>
> Non‑SMSA Counties 7.3
>
> OH Athens; OH Fayette; OH Guernsey; OH Hocking; OH Jackson; OH Knox;
>
> OH Licking; OH Marion; OH Meigs; OH Morgan; OH Morrow; OH Muskingum;
>
> OH Noble; OH Perry OH Pike; OH Ross; OH Scioto; OH Union; OH Vinton.
>
> 067 Cincinnati, OH:
>
> SMSA Counties:
>
> 1640 Cincinnati, OH‑KY-IN 11.0
>
> IN Dearborn; KY Boone; KY Campbell; KY Kenton; OH Clermont;
>
> OH Hamilton; OH Warren.
>
> 3200 Hamilton-Middletown, OH 5.0
>
> OH Butler.
>
> Non‑SMSA Counties 9.2
>
> IN Franklin; IN Ohio; IN Ripley; IN Switzer­land; KY Bracken; KY
> Carroll;
>
> KY Fleming; KY Gallatin; KY Grant; KY Lewis; KY Mason; KY Owen; KY
> Pendleton;
>
> KY Rob­ertson; OH Adams; OH Brown; OH Clinton; OH Highland.
>
> 068 Dayton, OH:
>
> SMSA Counties:
>
> 2000 Dayton, OH 11.5
>
> OH Greene; ON Miami; OH Montgomery; OH Preble.
>
> 7960 Springfield, OH 7.8

OH Champaign; OH Clark.

Non‑SMSA Counties 9.9

OH Darke; OH Logan; ON Shelby.

069 Lima, OH:

SMSA Counties:

4320 Lima, OH 4.4

> OH Allen; OH Auglaize; OH Putnam; OH Van Wert.

Non‑SMSA Counties 3.5

> OH Hardin; OH Mercer.

070 Toledo, OH:

SMSA Counties:

8400 Toledo, OH‑Ml 8.8

> MI Monroe; OH Fulton; OH Lucas; OH Ottawa; OH Wood.

Non‑SMSA Counties 7.3

> MI Lenawee; OH Hancock; OH Henry; OH Sandusky; OH Seneca; OH Wyandot.

**Michigan:**

> 071 Detroit, MI:,
>
> SMSA Counties:
>
> 0440 Ann Arbor, MI 8.5
>
> MI Washtenaw.
>
> 2160 Detroit, MI 17.7
>
> MI Lapeer; MI Livingston; Ml Macomb; MI Oakland; MI St. Clair; Mi
> Wayne.
>
> 2640 Flint, MI 12.6
>
> MI Genesee; MI Shiawassee.
>
> Non‑SMSA Counties 16.7
>
> MI Sanilac.
>
> 072 Saginaw, MI:
>
> SMSA Counties:
>
> 0800 Bay City, MI 2.2
>
> MI Bay.
>
> 6960 Saginaw, MI 14.3
>
> MI Saginaw.
>
> Non‑SMSA Counties 5.2
>
> MI Alcona; MI Alpena; MI Arenac; MI Cheboygan; MI Chippewa; MI Clare;
>
> MI Crawford; MI Gladwin; MI Gratiot; MI Huron; MI losco; MI Isabella;
> MI Luce;
>
> MI Mackinac; MI Midland; MI Montmorency; MI Ogemaw; MI Oscoda; MI
> Otsego;
>
> MI Presque Isle; MI Roscommon; MI Tuscola.
>
> 073 Grand Rapids, MI:
>
> SMSA Counties:
>
> 3000 Grand Rapids, MI 5.2
>
> MI Kent; MI Ottawa.
>
> 5320 Muskegon ‑ Norton Shores ‑ Muskegon Heights, Ml 9.7
>
> MI Muskegon; MI Oceana.
>
> Non‑SMSA Counties 4.9
>
> MI Allegan; MI Antrim; MI Benzie; MI Charlevoix; MI Emmet; MI Grand
> Traverse; MI Kalkaska; MI Lake; MI Leelanau; MI Manistee; MI Mason; MI
> Mecosta; MI Missaukee; MI Montcalm; MI Newaygo; MI Osceola; MI
> Wexford.
>
> 074 Lansing ‑ Kalamazoo, MI:
>
> SMSA Counties:
>
> 0780 Battle Creek, MI 7.2
>
> MI Barry; MI Calhoun.
>
> 3520 Jackson, MI 5.1
>
> MI Jackson.
>
> 3720 Kalamazoo-Portage, MI 5.9
>
> MI Kalamazoo; MI Van Buren.
>
> 4040 Lansing-East Lansing, MI 5.5
>
> MI Clinton; MI Eaton; MI Ingham; MI Ionia.
>
> Non‑SMSA Counties 5.5
>
> MI Branch; MI Hillsdale.
>
> **Indiana:**
>
> 075 South Bend, IN:
>
> SMSA Counties:
>
> 7800 South Bend, IN 7.1
>
> IN Marshall; IN St. Joseph,
>
> 2330 Elkhart IN 4.0
>
> IN Elkhart.
>
> Non‑SMSA Counties 6.2
>
> IN Fulton; IN Kosciusko; IN Lagrange; MI Berrien; MI Cass; MI St.
> Joseph.
>
> 076 Fort Wayne, IN:
>
> Non‑SMSA Counties 4.4
>
> IN Allen; IN Dekalb; IN Wells; IN Huntington; IN Noble; IN Steuben; IN
> Whitley;
>
> OH Defiance; OH Paulding; OH Williams.
>
> 077 Kokomo‑Marion, IN:
>
> SMSA Counties:
>
> 3850 Kokomo, IN 4.4
>
> IN Howard; IN Tipton.
>
> Non‑SMSA Counties 3.7
>
> IN Cass; IN Grant; IN Miami; IN Wabash.

078 Anderson‑Muncie, IN:

> SMSA Counties:
>
> 0400 Anderson, IN 4.9
>
> IN Madison.
>
> 5280 Muncie, IN 5.3
>
> IN Delaware.
>
> Non‑SMSA Counties 3.9
>
> IN Blackford; IN Fayette; IN Henry; IN Jay; IN Randolph; IN Union; IN
> Wayne.
>
> 079 Indianapolis, IN:
>
> SMSA Counties:
>
> 1020 Bloomington, IN 3.1

IN Monroe.

3480 Indianapolis, IN 12.5

> IN Boone; IN Hamilton; IN Hendricks; IN Johnson; IN Marion; IN Morgan;
>
> IN Shelby.
>
> Non‑SMSA Counties 9.7
>
> IN Bartholomew; IN Brown; IN Daviess; IN Decatur; IN Greene; IN
> Jackson;
>
> IN Jennings; IN Lawrence; IN Martin; IN Owen; IN Putnam; IN Rush.
>
> 080 Evansville, IN:
>
> SMSA Counties
>
> 2440 Evansville, IN-KY 4.8
>
> IN Gibson; IN Posey; IN Vanderburgh; IN Warrick; KY Henderson.
>
> 5990 Owensboro, KY 4.7
>
> KY Daviess.
>
> Non‑SMSA Counties 3.5
>
> IL Edwards; IL Gallatin; IL Hamilton; IL Lawrence; IL Saline; IL
> Wabash;
>
> IL White; IN Dubois; IN Knox; IN Perry; IN Pike; IN Spencer; KY
> Hancock;
>
> KY Hopkins; KY McLean; KY Muhlenberg; KY Ohio; KY Union; KY Webster.
>
> 081 Terre Haute, IN:
>
> SMSA Counties:
>
> 8320 Terre Haute, IN 3.1
>
> IN Clay; IN Sullivan; IN Vermillion; IN Vigo.
>
> Non‑SMSA Counties 2.5
>
> IL Clark; IL Crawford; IN Parke.
>
> 082 Lafayette, IN:
>
> SMSA Counties:
>
> 3920 Lafayette ‑ West Lafayette, IN 2.7
>
> IN Tippecanoe.

Non-SMSA Counties 1.5

> IN Benton; IN Carroll; IN Clinton; IN Fountain; IN Montgomery;
>
> IN Warren; IN White.

**Illinois:**

> 083 Chicago, IL:
>
> SMSA Counties:
>
> 1600 Chicago, IL 19.6
>
> IL Cook; IL Du Page; IL Kane; IL Lake; IL McHenry; IL Will.
>
> 2960 Gary ‑ Hammond ‑ East Chicago, IN 20.9
>
> IN Lake; IN Porter.
>
> 3740 Kankakee. IL 9.1
>
> IL Kankakee.
>
> 3800 Kensoha, WI 3.0
>
> WI Kenosha.
>
> Non‑SMSA Counties 18.4
>
> IL Bureau; IL De Kalb; IL Grundy; IL Iroquois; IL Kendall; IL La
> Salle;
>
> IL Livingston; IL Putnam; IL Jasper; IN Laporte; IN Newton; IN
> Pulaski; IN Starke.
>
> 084 Champaign‑Urbana, IL:
>
> SMSA Counties:
>
> 1400 Champaign ‑ Urbana -- Rantoul, IL 7.8
>
> IL Champaign.
>
> Non‑SMSA Counties 4.8
>
> IL Coles; IL Cumberland; IL Douglas; IL Edgar; IL Ford; IL Platt; IL
> Vermilion.

085 Springfield‑Decatur, IL:

> SMSA Counties:
>
> 2040 Decatur, IL 7.6
>
> IL Macon.

7880 Springfield, IL 4.5

IL Menard; IL Sangamon.

Non‑SMSA Counties 4.0

> IL Cass; IL Christian; IL De Witt; IL Logan; IL Morgan; IL Moultrie;
>
> IL Scott; IL Shelby.
>
> 086 Quincy, IL:
>
> Non‑SMSA Counties 3.1
>
> IL Adams; IL Brown; IL Pike; MO Lewis; MO Marlon; MO Pike; MO Rails.
>
> 087 Peoria, IL:
>
> SMSA Counties
>
> 1040 Bloomington ‑ Normal, IL 2.5
>
> IL McLean.
>
> 8120 Peoria, IL 4.4
>
> IL Peoria; IL Tazewell; IL Woodford.
>
> Non‑SMSA Counties 3.3
>
> IL Fulton; IL Knox; IL McDonough; IL Mar­shall; IL Mason; IL Schuyler;
>
> IL Stark; IL Warren.
>
> 088 Rockford, IL:
>
> SMSA Counties:
>
> 6880 Rockford, IL 6.3
>
> IL Boone; IL Winnegago.
>
> 3620 Janesville ‑ Beloit WI 3.1

WI Rock

Non‑SMSA Counties 4.6

> IL Lee; IL Ogle; IL Stephenson.
>
> **Wisconsin:**
>
> 089 Milwaukee, WI:
>
> SMSA Counties:
>
> 5080 Milwaukee, WI 8.0
>
> WI Milwaukee; WI Ozaukee; WI Washington; WI Waukesha.
>
> 6600 Racine, WI 8.4
>
> WI Racine.
>
> Non‑SMSA Counties 7.0
>
> WI Dodge; WI Jefferson; WI Sheboygan; WI Walworth.
>
> 090 Madison, WI:
>
> SMSA Counties:
>
> 4720 Madison, WI 2.2­
>
> WI Dane.
>
> Non‑SMSA Counties 1.7
>
> WI Adams; WI Columbia; Wl Green; WI Iowa; WI Marquette; Wl Richland;
> WI Sauk.
>
> 091 La Crosse, WI:
>
> SMSA Counties:
>
> 3870 LaCrosse. WI 0.9
>
> Non‑SMSA Counties 0.6
>
> MN Houston; MN Winona; WI Buffalo; WI Jackson; WI Juneau; WI Monroe;
>
> WI Trempealeau; WI Vernon.

092 Eau Claire, WI:

> SMSA Counties:
>
> 2290 Eau Claire, WI 0.5
>
> WI Chippewa; WI Eau Claire.
>
> Non‑SMSA Counties 0.6
>
> Wl Barron; WI Dunn; WI Pepin; WI Rusk; WI Sawyer; WI Washburn.
>
> 093 Wausau, WI:
>
> Non‑SMSA Counties 0.6
>
> WI Clark; WI Langlade; WI Lincoln; WI Marathon; WI Oneida; WI Portage;
>
> WI Price; WI Taylor; WI Vilas; WI Wood.
>
> 094 Appleton ‑ Green Bay ‑ Oshkosh, WI:
>
> SMSA Counties:
>
> 0460 Appleton-Oshkosh, WI 0.9
>
> WI Calumet; WI Outaramie; WI Winnebago.
>
> 3080 Green Bay, WI 1.3
>
> WI Brown.
>
> Non‑SMSA Counties 1.0
>
> MI Alger; MI Baraga; MI Delta; MI Dickinson; MI Houghton; MI Iron;
>
> MI Keweenaw; MI Marquette; MI Menominee; MI Schoolcraft; WI Door;
>
> WI Florence; WI Fond Du Lac; WI Forest WI Green Lake; WI Kewaunea;
>
> WI Manitowoc; WI Marinette; WI Menominee; WI Oconto; WI Shawano;
>
> WI Waupaca; Waushara.
>
> 095 Duluth, MN:
>
> SMSA Counties:
>
> 2240 Duluth ‑ Superior, MN-WI 1.0
>
> MN St Louis; Wl Douglas.
>
> Non‑SMSA Counties 1.2
>
> MI Gogebic; MI Ontonagon; MN Carlton; MN Cook; MN Itasca; MN
> Koochiching;
>
> MN Lake; WI Ashland; W! Bayfield; WI Iron.

**Minnesota:**

> 096 Minneapolis‑St. Paul, MN:
>
> SMSA Counties:
>
> 5120 Minneapolis‑St. Paul, MN‑WI 2.9
>
> MN Anoka; MN Carver; MN Chisago; MN Dakota; MN Hennepin; MN Ramsey;
>
> MN Scott; MN Washington; MN Wright; MN St. Croix.
>
> 6980 St. Cloud, MN 0.5
>
> MN Benton; MN Sherburne; MN Stearns.
>
> Non‑SMSA Counties 2.2
>
> MN Aitkin; MN Big Stone; MN Blue Earth; MN Brown; MN Cass; MN
> Chippewa;
>
> MN Crow Wing; MN Douglas; MN Faribault; MN Goodhue; MN Grant; MN
> Isanti;
>
> MN Kanabec; MN Kandiyohi; MN Lac Qui Parle; MN Le Sueur; MN McLeod;
>
> MN Martin; MN Meeker; MN Mille Lacs; MN Mornson; MN Nicollet; MN Pine;
>
> MN Pope; MN Renville; MN Rice; MN Sibley; MN Stevens; MN Swift; MN
> Todd;
>
> MN Traverse; MN Wadena; MN Waseca; MN Watonwan; MN Yellow Medicine;
>
> WI Burnett; WI Pierce; WI Polk.
>
> 097 Rochester, MN:
>
> SMSA Counties:
>
> 6820 Rochester, MN 1.4
>
> MN Olmsted.
>
> Non‑SMSA Counties 0.9
>
> MN Dodge; MN Fillmore; MN Freeborn; MN Mower; MN Steele; MN Wabasha.
>
> **Iowa:**
>
> 098 Dubuque, IA:
>
> SMSA Counties:
>
> 2200 Dubuque, IA 0.6
>
> IA Dubuque
>
> Non-SMSA Counties 0.5
>
> IL Jo Daviess; IA Allamakee; IA Clayton; IA Delaware, IA Jackson;
>
> IA Winneshiek; WI Crawford; WI Grant; Wl Lafayette.
>
> 099 Davenport-Rock Island-Moline, IA‑IL:
>
> SMSA Counties:
>
> 1960 Davenport-Rock Island-Moline, IA‑IL 4.6
>
> IL Henry; IL Rock Island; IA Scott.
>
> Non‑SMSA Counties 3.4
>
> IL Carroll; IL Handcock; IL Henderson; IL Mercer; IL Whiteside; IA
> Clinton;
>
> IA Des Moines; IA Henry; IA Lee; IA Louisa; IA Muscatine; MO Clark.
>
> 100 Cedar Rapids, IA:
>
> SMSA Counties:
>
> 1360 Cedar Rapids, IA 1.7
>
> IA Linn.
>
> Non‑SMSA Counties 1.5
>
> IA Benton; IA Cedar; IA Iowa; IA Johnson; IA Jones; IA Washington.
>
> 101 Waterloo, IA:
>
> SMSA Counties:
>
> 8920 Waterloo-Cedar Falls, IA 4.7
>
> IA Black Hawk.
>
> Non‑SMSA Counties 2.0
>
> IA Bremer; IA Buchanan; IA Butler; IA Cerro Gordo; IA Chickasaw; IA
> Fayette;
>
> IA Floyd; IA Franklin; IA Grundv; IA Hancock; IA Hardin; IA Howard; IA
> Mitchell;
>
> IA Winnegago; IA Worth.
>
> 102 Fort Dodge, IA:
>
> Non-SMSA Counties 0.4
>
> IA Bueno Vista; IA Calhoun; IA Carroll; IA Clay; IA Dickinson; IA
> Emmet;
>
> IA Greene; IA Hamilton; IA Humboldt; IA Kossuth; IA Palo Alto; IA
> Pocahontas;
>
> IA Sac; IA Webster; IA Wright.
>
> 103 Sioux City, IA:
>
> SMSA Counties:
>
> 7720 Sioux City, IA‑NE 1.9
>
> IA Woodbury; NE Dakota.
>
> Non‑SMSA Counties 1.2
>
> IA Cherokee, IA Crawford; IA Ida; IA Monona; IA O\'Brien; IA Plymouth;
> IA. Sioux;
>
> NE Antelope; NE Cedar; NE Cuminq; NE Dixon; NE Knox; NE Madison; NE
> Pierce;
>
> NE Stanton; NE Thurston; NE Wayne; SD Bon Homme; SD Clay; SD Union;
>
> SD Yankton.
>
> 104 Des Moines, IA:
>
> SMSA Counties:
>
> 2120 Des Moines, IA 4.5
>
> IA Polk; IA Warren.
>
> Non‑SMSA Counties 2.4
>
> IA Adair; IA Appanoose; IA Boone; IA Clarke; IA Dallas; IA Davis; IA
> Decatur;
>
> IA Guthrie; IA Jasper; IA Jefferson; IA Keokuk; IA Lucas; IA Madison;
> IA Mahaska;
>
> IA Marion; IA Marshall; IA Monroe; IA Poweshiek; IA Ringgold; IA
> Story; IA Tama;
>
> IA Union; IA Van Buren; IA Wapello; IA Wayne.
>
> **Missouri:**
>
> 105 Kansas City, MO:
>
> SMSA Counties:
>
> 3760 Kansas City, MO‑KS 12.7
>
> KS Johnson; KS Wayandotte; MO Cass; MO Clay; MO Jackson; MO Platte; MO
> Ray.
>
> 4150 Lawrence, KS 7.2
>
> 7000 St Joseph. MO 3.2
>
> MO Andrew; MO Buchanan.
>
> Non‑SMSA Counties 10.0
>
> KS Anderson; KS Atchison; KS Brown; KS Doniphan; KS Franklin; KS
> Leavenworth;
>
> KS Linn; KS Miami; MO Atchison; MO Bates; MO Benton; MO Caldwell; MO
> Caroll;
>
> MO Clinton; MO Daviess; MO Dekalb; MO Gentry; MO Grundy; MO Harrison;
>
> MO Henry; MO Holt; MO Johnson; MO Lafayette; MO Livingston; MO Mercer;
>
> MO Nodaway; MO Pettis; MO Saline; MO Worth.

106 Columbia, MO:

> SMSA Counties:
>
> 1740 Columbia, MO; MO Boone 6.3
>
> Non‑SMSA Counties 4.0
>
> MO Adair; MO Audrain; MO Callaway; MO Camden; MO Chariton; MO Cole;
>
> MO Cooper; MO Howard; MO Knox; MO Linn;. MO Macon; MO Miller; MO
> Moniteau; MO Monroe; MO Morgan; MO Osage; MO Putnam; MO Randolph; MO
> Schuyler; MO Scotland; MO Shelby; MO Sullivan.
>
> 107 St. Louis, MO:
>
> SMSA Counties:
>
> 7040 St. Louis, MO-IL 14.7
>
> IL Clinton; IL Madison; IL Monroe; IL St. Clair; MO Franklin; MO
> Jefferson; MO St. Charles; MO St. Louis; MO St. Louis City.
>
> Non‑SMSA Counties 11.4
>
> IL Alexander IL Bond; IL Calhoun; IL Clay; IL Effingharn; IL Fayette;
> IL Franklin;
>
> IL Greene; IL Jackson; IL Jasper; IL Jefferson; IL Jersey; IL Johnson;
> IL Macoupin;
>
> IL Marion; IL Montgomery; IL Perry; IL Pulaski; IL Randolph; IL
> Richland; IL Union;
>
> IL Washington; IL Wayne; IL Williamson; MO Bollinger; MO Butler;
>
> MO Cape Girardeau; MO Carter; MO Crawford; MO Dent; MO Gasconade; MO
> Iron;
>
> MO Lincoln; MO Madison; MO Maries; Mississippi; MO Montgomery; MO
> Perry;
>
> MO Phelps; MO Reynolds; MO Ripley; MO St. Francis; MO Ste. Genevieve;
> MO Scott;
>
> MO Stoddard; MO Warren; MO Washington; MO Wayne.
>
> 108 Springfield, MO:
>
> SMSA Counties:
>
> 7920 Springfield, MO 2.0
>
> MO Christian; MO Greene.
>
> Non-SMSA Counties 2.3
>
> KS Allen; KS Bourbon; KS Cherokee; KS Crawford; KS Labette; KS
> Montgomery; KS Neosho; KS Wilson; KS Woodson; MO Barry; MO Barton; MO
> Cedar; MO Dade; MO Dallas;.MO Douglas; MO Hickory; MO Howell; MO
> Jasper; MO Laclede; MO Lawrence; MO McDonald; MO Newton; MO Oregon; MO
> Ozark; MO Polk; MO Pulaski;
>
> MO St. Clair; MO Shannon; MO Stone; MO Taney; MO Texas; MO Vernon;
>
> MO Webster; MO Wright; OK Craig; OK Ottawa.

**Arkansas:**

> 109 Fayetteville, AR:
>
> Non‑SMSA Counties [\_]{.underline}3.3
>
> AR Baxter; AR Benton; AR Boone; AR Car­roll; AR Madison; AR Marion;
>
> AR Newton; AR Searcy; AR Washington; OK Adair; OK Delaware.
>
> 110 Fort Smith, AR:
>
> SMSA Counties:
>
> 2720 Fort Smith, AR-OK 5.6
>
> AR Crawford; AR Sebastian; OK Le Flore; OK Sequoyah.
>
> Non‑SMSA Counties 6.6
>
> AR Franklin; AR Logan; AR Polk; AR Scott; OK Choctaw; OK Haskell; OK
> Latimer; OK McCurtain; OK Pittsburg; OK Pushmataha.
>
> 111 Little Rock-North Little Rock, AR:

SMSA Counties:

> 4400 Little Rock-North Little Rock, AR 15.7
>
> AR Pulaski; AR Saline.
>
> 6240 Pine Bluff, AR 31.2

AR Jefferson

Non‑SMSA Counties 16.4

> AR Arkansas; AR Ashley; AR Bradley; AR Calhoun; AR Chicott; AR Clark;
>
> AR Calhoun; AR Cleveland; AR Conway; AR Dallas; AR Desha; AR Drew;
>
> AR Faulkner; AR Fulton: AR Garland; AR Grant; AR Hot Springs; AR
>
> Independence; AR Izard; AR Jackson; AR Johnson; AR Lincoln; AR Lonoke;
>
> AR Monroe; AR Montgomery; AR Ouachita; AR Perry, AR Pope; AR Prairie;
>
> AR Sharp; AR Stone; AR Union; AR Van Buren; AR While; AR Woodruft;
>
> AR Yell.

**Mississippi:**

112 Jackson, MS:

SMSA Counties;

3560 Jackson, MS 30.3

MS Hinds; MS Rankin.

Non‑SMSA Counties 32.0

> MS Attala; MS Choctaw; MS Choctaw; MS Clarke; MS Copiah;
>
> MS Covington; MS Franklin; MS Holmes: MS Humphreys; MS Issaquena;
>
> MS Jasper; MS Jefferson; MS Jefferson Davis; MS Jones; MS Kemper;
>
> MS Lauderdale; MS Lawrence; MS Leake; MS Lincoln; MS Lowndes;
>
> MS Madison; MS Neshoba; MS Newton; MS Noxubee; MS Oktibbeha;
>
> MS Scott; MS Sharkey; MS Simpson; MS Smith; MS Warren; MS Wayne;
>
> MS Winston; MS Yazoo.

**Louisiana:**

> 113 New Orleans, LA:
>
> SMSA Counties
>
> 0920 Biloxi‑Gulfport, MS 19.2
>
> MS Hancock; MS Harrison; MS Stone.
>
> 5560 New Orleans, LA 31.0
>
> LA Jefferson; LA Orleans; LA St. Bernard; LA St. Tammany.
>
> Non‑SMSA Counties 27.7
>
> LA Assumption; LA Lafourche; LA Plaquemines; LA St. Charles; LA St.
> James;
>
> LA St. John The Baptist; LA Tangipahoa; LA Terrebonne; LA Washington;
> MS Forrest;
>
> MS Lamar; MS Marion; MS Pearl River; MS Perry; MS Pike; MS Walthall.
>
> 114 Baton Rouge, LA:
>
> SMSA Counties:
>
> 0760 Baton Rouge, LA 26.1
>
> LA Ascension; LA East Baton Rouge; LA Livingston; LA West Baton Rouge.
>
> Non‑SMSA Counties 30.4
>
> LA Concordia; LA E. Feliciana; LA Iberville; LA Pointe Coupee; LA St.
> Helena;
>
> LA West Feliciana; MS Adams; MS Amite; MS Wilkinson.
>
> 115 Lafayette, LA:
>
> SMSA Counties:
>
> 3880 Lafayette, LA 20.6
>
> LA Lafayette.
>
> Non‑SMSA Counties 24.1.
>
> LA Acadia; LA Evangeline; LA Iberia; LA St. Landry; LA St. Martin;
>
> LA St. Mary; LA Vermillion.
>
> 116 Lake Charles, LA:
>
> SMSA Counties:
>
> 3960 Lake Charles, LA 19.3
>
> LA Calcasieu.
>
> Non-SMSA Counties 17.8
>
> LA Allen; LA Beauregard; LA Cameron; LA Jefferson Davis LA Vernon.
>
> 117 Shreveport, LA:
>
> SMSA Counties:
>
> 0220 Alexandria, LA 25.7
>
> LA Grant; LA Rapides.
>
> 7680 Shreveport, LA 29.3
>
> LA Bossier; LA Caddo; LA Webster.
>
> Non‑SMSA Counties 29.3
>
> LA Avoyelles; LA Bienville; LA Claiborne; LA De Soto; LA Natchitoches;
>
> LA Red River; LA Sabine; LA Winn.
>
> 118 Monroe, LA:
>
> SMSA Counties:
>
> 5200 Monroe, LA 22.8
>
> LA Ouachita.
>
> Non‑SMSA Counties 27.9
>
> LA Caldwell; LA Catahoula; LA East Carroll; LA Franklin; LA Jackson;
> LA La Salle; LA Lincoln; LA Madison; LA Morehouse; LA Richland; LA
> Tensas; LA Union; LA West Carroll.

**Texas:**

> 119 Texarkana, TX:
>
> SMSA Counties:
>
> 8360 Texarkana, TX‑Texarkana, AR 19.7
>
> AR Little River; AR Miller; TX Bowie.
>
> Non‑SMSA Counties 20.2
>
> AR Columbia; AR Hempstead; AR Howard; AR Lafayette; AR Nevada; AR
> Pike;
>
> AR Sevier; TX Camp; TX Cass; TX Lamar; TX Morris; TX Red River; TX
> Titus.
>
> 120 Tyler‑Longview, TX:
>
> SMSA Counties:
>
> 4420 Longview, TX 22.8
>
> TX Gregg; TX Harrison.
>
> 8640 Tyler, TX 23.5
>
> TX Smith.
>
> Non‑SMSA Counties 22.5
>
> TX Anderson; TX Angelina; TX Cherokee; TX Henderson; TX Houston; TX
> Marion;
>
> TX Nacogdoches; TX Panola; TX Rusk; TX San Augustine; TX Shelby; TX
> Upshur;
>
> TX Wood.
>
> 121 Beaumont‑Port Arthur, TX:
>
> SMSA Counties:
>
> 0840 Beaumont‑Port Arthur Orange, TX 22.6
>
> TX Hardin; TX Jefferson; TX Orange.
>
> Non‑SMSA Counties 22.6
>
> TX Jasper; TX Newton; TX Sabine; TX Tyler.
>
> 122 Houston, TX:
>
> SMSA Counties
>
> 1260 Bryan‑College Station, TX 23.7
>
> TX Brazos.
>
> 2920 Galveston-Texas City, TX 28.9
>
> TX Galveston.
>
> 3360 Houston, TX 27.3
>
> TX Brazona; TX Fort Bend; TX Harris; TX Liberty, TX Montgomery, TX
> Waller.
>
> Non‑SMSA Counties 27.4
>
> TX Austin; TX Burleson; TX Calhoun; TX Chambers; TX Colorado; TX De
> Witt;
>
> TX Fayette; TX Goliad; TX Grimes; TX Jack­son; TX Lavaca; TX Leon;
>
> TX Madison; TX Matagorda; TX Polk; TX Robertson; TX San Jacinto; TX
> Trinity;

TX Victoria; TX Walker; TX Washington; TX Wharton.

123 Austin, TX:

SMSA Counties:

> 0640 Austin, TX 24.1
>
> TX Hays; TX Travis; TX Williamson.
>
> Non‑SMSA Counties 24.2
>
> TX Bastrop; TX Blanco; TX Burnet; TX Caldwell; TX Lee; TX Llano.
>
> 124 Waco‑Killeen‑Temple, TX:
>
> SMSA Counties:
>
> 3810 Killeen‑Temple, TX. 16.4
>
> TX Belt TX Coryall.
>
> 8800 Waco, TX 20.7
>
> TX McLermarx
>
> Non‑SMSA Counties 18.6
>
> TX Bosque; TX Falls; TX Freestone; TX Ham­ilton; TX Hill; TX Lampasas;
>
> TX Limestone; TX Milam; TX Mills.

125 Dallas‑Fort Worth, TX:

> SMSA Counties
>
> 1920 Dallas‑Fort Worth, TX 18.2

TX Collier; TX Dallas; TX Denton; TX Ellis; TX Hood; TX Johnson; TX
Kaufman;

> TX Parker; TX Rockwall; TX Tarrant; TX Wise.

7640 Sherman‑Denison, TX 9.4

TX Grayson.

Non‑SMSA Counties 17.2

> OK Bryan; TX Cooke; TX Delta; TX Erath; TX Fannin; TX Franklin; TX
> Hopkins; TX Hunt;
>
> TX Jack; TX Montague; TX Navarro; TX Palo Pinto; TX Rains; TX
> Sommerveil;
>
> TX Van Zandt.
>
> 126 Wichita Falls, TX:
>
> SMSA Counties:
>
> 9080 Wichita Falls, TX: 12.4
>
> TX Clay; TX Wichita.

Non‑SMSA Counties 11.0

> TX Archer; TX Baylor; TX Cottle; TX Foard; TX Hardeman; TX Wilbarger;
> TX Young.
>
> 127 Abilene, TX:
>
> SMSA Counties:
>
> 0040 Abilene, TX 11.6
>
> TX Callahan; TX Jones; TX Taylor.
>
> Non‑SMSA Counties 10.9
>
> TX Brown; TX Coleman; TX; Comanche; TX Eastland; TX Fisher; TX
> Haskell;
>
> TX Kent; TX Knox; TX Mitchell; TX Nolan; TX Scurry; TX Shackelford; TX
> Stephens;
>
> TX Stonewall; TX Throckmorton.
>
> 128 San Angelo, TX:
>
> SMSA Counties:
>
> 7200 San Angelo, TX 19.2
>
> TX Tom Green.
>
> Non‑SMSA Counties 20.0
>
> TX Coke; TX Concha; TX Crockett; TX Irion; TX Kimble; TX McCulloch; TX
> Mason;
>
> TX Menard; TX Reagan; TX Runnels; TX San Saba; TX Schleicher; TX
> Sterling;
>
> TX Sutton, TX Terrell.
>
> 129 San Antonio, TX­:
>
> SMSA Counties:
>
> 4080 Laredo 87.3
>
> TX Webb.
>
> 7240 San Antonio, TX 47.8
>
> TX Bexar; TX Comal; TX Guadalupe.
>
> Non‑SMSA Counties 49.4
>
> TX Atascosa; TX Bandera; TX Dimmit; TX Edwards; TX Frio; TX Gillespie;
>
> TX Gonzales; TX Jim Hogg; TX Karnes; TX Ken­dall; TX Kerr; TX Kinney;
>
> TX La Salle; TX McMullen; TX Maverick; TX Medina; TX Real; TX Uvalde;
>
> TX Val Verde; TX Wilson; TX Zapata; TX Zavala.
>
> 130 Corpus Christi, TX:
>
> SMSA Counties:
>
> 1880 Corpus Christi, TX 41.7
>
> TX Nueces; TX San Patricio.

Non‑SMSA Counties 44.2

> TX Aransas; TX Bee; TX Brooks; TX Duval; TX Jim Wells; TX Kenady; TX
> Kyberg;
>
> TX Live Oak; TX Refugio.
>
> 131 Brownsville‑McAllen‑Harlingen, TX:
>
> SMSA Counties:
>
> 1240 Brownsville‑Harlingen‑San Benito, TX 71.0

TX Cameron.

4880 McAllen‑Pharr‑Edinburg, TX 72.8

> TX Hidalgo.

Non‑SMSA Counties 72.9

TX Starr; TX Willacy.

> 132 Odessa‑Midland, TX:

SMSA Counties:

> 5040 Midland, TX 19.1
>
> TX Midland.

5800 Odessa, TX 15.1

TX Ector.

Non‑SMSA Counties 18.9

> TX Andrews; TX Crane; TX Glasscock; TX Howard; TX Loving; TX Martin;
>
> TX Pecos; TX Reeves; TX Upton; TX Ward; TX Winkler.
>
> 133 El Paso, TX:

SMSA Counties:

2320 El Paso, TX 57.8

TX El Paso.

> Non‑SMSA Counties 49.0
>
> NM Chaves; NM Dona Ana; NM Eddy; NM Grant; NM Hidalgo; NM Luna; NM
> Otero;
>
> NM Sierra, TX Brewster; TX Culberson; TX Hudspeth; TX Jeff Davis; TX
> Presidio.
>
> 134 Lubbock, TX:
>
> SMSA Counties:
>
> 4600 Lubbock 19.6
>
> TX Lubbock.
>
> Non‑SMSA 19.5
>
> NM Lea; NM Roosevelt ; TX Bailey; TX Borden; TX Cochran; TX Crosby;
>
> TX Dawson; TX Dickens; TX Floyd; TX Gaines; TX Garza; TX Hale; TX
> Hockley;
>
> TX King; TX Lamb; TX Lynn; TX Motley; TX Terry; TX Yoakum.
>
> 135 Amarillo, TX:
>
> SMSA Counties:
>
> 0320 Amarillo, TX 9.3
>
> TX Potter; TX Randall.
>
> Non‑SMSA Counties 11.0
>
> NM Curry; NM Harding; NM Quay; NM Union; OK Beaver; OK Cimarron; OK
> Texas;
>
> TX Arnstrong; TX Briscoe; TX Carson; TX Castro; TX Childress; TX
> Collingsworth; TX
>
> Dallam; TX Deaf Srnith; TX Donley; TX Gray; TX Hall; TX Hansford; TX
> Hartley; TX
>
> Hemphill; TX Hutchinson; TX Lipscomb; TX Moore; TX Ochitree; TX
> Oldham; TX
>
> Parmer; TX Roberts; TX Sherman; TX Swisher; TX Wheeler.

**Oklahoma:**

136 Lawton, OK:

SMSA Counties:

> 4200 Lawton, OK 14.8
>
> OK Comanche.

Non‑SMSA Counties 10.8

> OK Cotton; OK Green; OK. Harmon; OK Jackson; OK Jefferson; OK Kiowa;
>
> OK Stephens; OK Tillman.

137 Oklahoma City, OK:

SMSA Counties

> 5880 Oklahoma City, OK 10.2
>
> OK Canadian; OK Cleveland; OK McClain; OK Oklahoma; OK Pottawatomie.
>
> Non‑SMSA Counties 9.0
>
> OK Alfalfa; OK Atoka; OK Beckham; OK Blaine; OK Caddo; OK Carter; OK
> Coat;
>
> OK Custer; OK Dewey; OK Ellis; OK Garfield; OK Garvin; OK Grady; OK
> Grant;
>
> OK Harper; OK Hughes; OK Johnston; OK Kingfisher; OK Lincoln; OK
> Logan; OK
>
> Love; OK Major; OK Marshall; OK Murray, OK Okfuskee; OK Pontotoc; OK
> Roger
>
> Mills; OK Seminole; OK Washita; OK Woods; Ok Woodward.
>
> 138 TuIsa, OK:

SMSA Counties:

> 8560 Tulsa, OK 10.2
>
> OK Creek; OK Mayes; OK Osage; OK Rogers; OK Tulsa; OK Wagoner.

Non‑SMSA Counties 10.0

> OK Cherokee; OK Key; OK McIntosh; OK Muskogee; OK Noble; OK Nowata; OK
>
> Okmulgee; OK Pawnee; OK Payne; OK Washington.
>
> **Kansas:**
>
> 139 Wichita, KS:

SMSA Counties:

> 9040 Wichita, KS 7.9
>
> KS Butler; KS Sedgwick.
>
> Non‑SMSA Counties 5.7
>
> KS Barber; KS Barton; KS Chase; KS Chautauqua; KS Clark; KS Comanche.
> KS
>
> Cowley; KS Edwards; KS Elk; KS Finney; KS Ford; KS Grant; KS Gray; KS
> Greeley;
>
> KS Greenwood; KS Hamilton; KS Harper; KS Harvey; KS Haskell; KS
> Hodgeman; KS
>
> Kearny; KS Kingman; KS Kiowa; KS Lane; KS McPherson; KS Marion; KS
> Meade; KS
>
> Morton; KS Ness; KS Pawnee; KS Pratt; KS Reno; KS Rice; KS Rush; KS
> Scott; KS
>
> Seward; KS Stafford; KS Stanton; KS Stevens; KS Sumner, KS Wichita.
>
> 140 Salina, KS:
>
> Non‑SMSA Counties 1.5
>
> KS Cheyenne; KS Cloud; KS Decatur; KS Dickinson; KS Ellis; KS
> Ellsworth; KS
>
> Gove; KS Graham; KS Jewell; KS Lincoln; KS Logan; KS Mitchell; KS
> Norton; KS
>
> Osborne; KS Ottawa; KS Phillips; KS Rawlins; KS Republic; KS Rooks; KS
> Russell;
>
> KS Saline; KS Sheridan; KS Sherman; KS Smith; KS Thomas; KS Trego; KS
> Wallace.
>
> 141 Topeka, KS:

SMSA Counties:

8440 Topeka, KS 9.0

> KS Jefferson; KS Osage; KS Shawnee.

Non‑SMSA Counties 8.5

> KS CIay; Coffey; KS Geary; KS Jackson; KS Lyon; KS Marshall; KS
> Morris; KS

Nemaha; KS Pottawatomie, KS Riley; KS Wabaunsee; KS Washington.

**Nebraska:**

142 Lincoln, NE:

> SMSA Counties:
>
> 4360 Lincoln, NE 2.8
>
> NE Lancaster.
>
> Non SMSA Counties 1.9
>
> NE Butler; NE Fillmore; NE Gage; NE Jefferson; NE Johnson; NE Nemaha;
> NE Otoe;
>
> NE Pawnee; NE Polk; NE Richardson; NE Saline, NE Seward; NE Thayer; NE
> York.

143 Omaha, NE:

SMSA CountieS:

> 5920 Omaha, NE-IA 7.6
>
> IA Pottawattamie; NE Douglas; NE Sarpy.
>
> Non‑SMSA 6.3
>
> IA Adams; IA Audubon; IA Cass; IA Fremont; IA Harrison; LA Mills; IA
> Montgomery;
>
> IA Page; IA Shelby; IA Taylor; NE Burt; NE Cass; NE Colfax; NE Dodge;
> NE Platte;
>
> NE Saunders; NE Washington.

144 Grand Island, NE:

> Non SMSA Counties 1.4
>
> NE Adams; NE Aurther; NE Blaine; NE Boyd; NE Brown; NE Buffalo; NE
> Chase;
>
> NE Cherry; NE Clay; NE Custer; NE Dawson; NE Dundy; NE Franklin; NE
> Frontier;
>
> NE Fumas; NE Garfield; NE Gosper; NE Grant; NE Greeley, NE Hall; NE
> Hamilton;
>
> NE Harlan; NE Hayes; NE Hitchcock; NE Holt; NE Hooker; NE Howard; NE
> Kearney;
>
> NE Keith; NE Keya Paha; NE Lincoln; NE Logan; NE Loup; NE McPherson;
>
> NE Merrick; NE Nance; NE Nuckolls; NE Perkins; NE Phelps; NE Red
> Willow;
>
> NE Rock; NE Sherman; NE Thomas; NE Valley; NE Webster; NE Wheeler.

145 Scottsbluff, NE:

> Non‑SMSA Counties 5.3
>
> NE Banner; NE Box Butt; NE Cheyenne; NE Dawes; NE Deuel; NE Garden;
>
> NE Kimball; NE Morrill; NE Scotts Buff; NE Sheridan; NE Sioux; NE
> Goshen.

**South Dakota:**

> 146 Rapid City, SD:
>
> SMSA Counties:
>
> 6660 Rapid City, SD 3.4
>
> SD Pennington; SD Meade.
>
> Non‑SMSA Counties 7.9
>
> SD Bennett; SD Buffalo; SD Butte; SD Campbell; SD Corson; SD Custer;
> SD Dewey (Armstrong); SD Fall River; SD Haakon; SD Harding; SD Hughes;
> SD Hyde; SD Jackson; SD Jones; SD Lawrence; SD Lyman; SD Mellette; SD
> Perkins; SD Potter; SD Shannon (Washington); SD Stanley; SD Sully; SD
> Todd; SD Tripp; SD Walworth; SD Washabaugh; SD Ziebach; WY Crook; WY
> Niobrara; WY Weston.
>
> 147 Sioux Falls, SD:
>
> SMSA Counties:
>
> 7760 Sioux Falls, SD 1.2
>
> SD Minnehaha.
>
> Non‑SMSA Counties 0.8
>
> IA Lyon; IA Osceola; MN Cottonwood; MN Jackson;. MN Lincoln; MN Lyon;
> MN Murray, MN Nobles; MN Pipestone; MN Redwood; MN Rock; SD Aurora; SD
> Beadle; SD Brookings; SD Brule; SD Charles Mix; SD Davison; SD
> Douglas; SD Gregory; SD Hand; SD Hanson; SD Hutchinson; SD Jerauld; SD
> Kingsbury; SD Lake; SD Lincoln; SD McCook, SD Miner, SD Moody, SD
> Sanborn; SD Turner.

148 Aberdeen, SD:

> Non‑SMSA Counties 1.3
>
> SD Brown; SD Clark; SD Codington; SD Day; SD Deuel; SD Edmunds; SD
> Faulk;
>
> SD Grant; SD Hamlin; SD McPherson; SD Marshall; SD Roberts; SD Spink.

**North Dakota:**

> 149 Fargo‑Moorhead, ND‑MN:
>
> Non‑SMSA Counties 0.7
>
> MN Becker MN Clay; MN Cass; MN Wilkin; ND Barnes; ND Dickey; ND Eddy;
>
> ND Foster; ND Griggs; ND La Moure; ND Logan; ND McIntosh; ND Ransom;
>
> ND Richland; ND Sargent; ND Steele; ND Stutsman; ND Traill.
>
> 150 Grand Forks, ND:
>
> SMSA Counties:
>
> 2985 Grand Forks, ND‑MN 1.2
>
> MN Polk; ND Grand Forks.
>
> Non‑SMSA Counties 2.0
>
> MN Beltrami; MN Clearwater MN Hubbard. MN Kittson; MN Lake of the
> Woods;
>
> MN Mahnomen; MN Marshall; MN Norman; MN Pennington; MN Red Lake;
>
> MN Roseau; MN Benson; ND Cavalier; ND Nelson; ND Pembina;
>
> ND Ramsey; ND Towner; ND Walsh.
>
> 151 Bismarck, ND:
>
> SMSA Counties:
>
> 1010 Bismarck, ND 0.4
>
> ND Burleigh; ND Morton.
>
> Non-SMSA Counties 1.3

ND Adams; ND Billings; ND Bowman; ND Dunn; ND Emmons; ND Golden Valley;
ND Grant; ND Hettinger; ND Kidder; ND Mercer; ND Oliver; ND Sheridan; ND
Sioux; ND Slope; ND Stark; ND Wells.

> 152 Minot, ND:
>
> Non‑SMSA Counties 4.4
>
> MT Daniels; MT Richland; MT Roosevelt; MT Sheridan; ND Bottineau; ND
> Burke;
>
> ND Divide; ND McHenry; ND McKenzie; ND McLean; ND Mountrail; ND
> Pierce;
>
> ND Renville; ND Rolette; ND Ward; ND Williams.

**Montana:**

> 153 Great Falls, MT:
>
> SMSA Counties.
>
> 3040 Great Falls, MT 3.2
>
> MT Cascade.
>
> Non‑SMSA Counties 4.1
>
> MT Blaine; MT Broadwater; MT Chouteau; MT Fergus; MT Glacier; MT Hill;
>
> MT Jefferson; MT Judith Basin; MT Lewis and Clark; MT Liberty; MT
> Meagher;
>
> MT Petroleum; MT Phillips; MT Pondera; MT Teton; MT Toole; MT Valley;
>
> MT Wheatland.
>
> 154 Missoula, MT:
>
> Non‑SMSA Counties 2.7
>
> MT Beaverhead; MT Deer Lodge; MT Flathead; MT Granite; MT Lincoln;
>
> MT Madison; MT Mineral; MT Missoula; MT Powell; MT Ravalli; MT
> Sanders;
>
> MT Silver Bow; MT Lake.
>
> 155 Billings, MT:
>
> SMSA Counties:
>
> 0880 Billings, MT 3.3
>
> MT Yellowstone.
>
> Non‑SMSA Counties 3.3
>
> MT Big Horn; MT Carbon; MT Carter; MT Custer; MT Dawson; MT Fallon; MT
> Gallatin; MT Garfield; MT Golden Valley; MT McCone; MT Musselshell; MT
> Park; MT Powder River; MT Prairie; UT Rosebud; MT Stillwater, MT Sweet
> Grass; MT Treasure; MT Wilbaux; MT Yellowstone Nat'l Park; WY Big
> Horn; WY Hot Springs; WY Park; WY Sheridan; WY Washakie.

**Wyoming:**

156 Cheyenne‑Casper, WY:

> Non‑SMSA Counties 7.5
>
> CO Jackson; WY Albany; WY Campbell; WY Carbon; WY Converse; WY Fremont
> WY Johnson; WY Laramie; WY Natrona, WY Platte.

**Colorado:**

> 157 Denver, CO:
>
> SMSA Counties:
>
> 2080 Denver‑Boulder, CO 13.8
>
> CO Adams; CO Arapahoe; C0 Boulder. CO Denver; CO Douglas; CO Gilpin;
>
> CO Jefferson.
>
> 2670 Fort Collins, CO 6.9
>
> CO Larimer.
>
> 3060 Greeley, CO 13.1
>
> CO Weld.

Non‑SMSA Counties 12.8

CO Cheyenne; CO Clear Creek; CO Elbert CO Grand; CO Kit Carson;

CO Logan; CO Morgan; CO Park; CO Phillips; :CO Sedgwick;

CO Summit; CO Washington; CO Yuma.

158 Colorado Springs‑Pueblo, CO:

SMSA Counties:

1720 Colorado Springs, CO 10.9

CO EL Paso; CO Teller.

6560 Pueblo, CO 27.5

CO Pueblo.

Non‑SMSA Counties 19.0

> CO Alamosa; CO Baca; CO Bent; CO Chaffee; CO Conejos; CO Costilla;
>
> CO Crowley; CO Custer; CO Fremont; CO Huerfano; CO Kiowa; CO Lake;
>
> CO Las Animas; CO Lincoln; CO Mineral; CO Otero; CO Prowers; CO Rio
> Grande;
>
> CO Saguache.

159 Grand Junction. CO:

Non‑SMSA Counties 10.2

CO Archuleta; CO Delta; CO Dolores; CO Eagle; CO Garfield; CO Gunnison;

CO Hinsdale; CO La Plata, CO Mesa; CO Moffat; CO Montezuma; CO Montrose;

CO Ouray; CO Pitkin; CO Rio Blanco; CO Routt; CO San Juan; CO San
Miguel;

UT Grand; UT San Juan.

**New Mexico:**

> 160 Albuquerque, NM:
>
> SMSA Counties.
>
> 0200 Albuquerque, NM 38.3
>
> NM Bernalillo; NM Sandoval.
>
> Non‑SMSA Counties 45.9
>
> NM Citron. NM Colfax; NM De Baca; NM Guadalupe; NM San Juan; NM San
> Miguel;
>
> NM Santa Fe; NM Socorro; NM Taos; NM Torrance; NM Valencia.

**Arizona:**

> 161 Tucson, AZ:
>
> SMSA Counties:
>
> 8520 Tucson, AZ 24.1
>
> AZ Pima.
>
> Non‑SMSA Counties 27.0
>
> AZ Cochise; AZ Graham; AZ Greenlee; AZ Santa Cruz.
>
> 162 Phoenix, AZ:
>
> SMSA Counties:
>
> 6200 Phoenix, AZ 15.8
>
> AZ Maricopa.
>
> Non‑SMSA Counties 19.6
>
> AZ Apache; AZ Coconino; AZ Gila; AZ Mohave; AZ Navajo; AZ Pinal;
>
> AZ Yavapai; AZ Yuma.

**Nevada:**

> 163 Las Vegas, NV:
>
> SMSA Counties:

4120 Las Vegas, NV 13.9

NV Clark.

Non-SMSA Counties 12.6

> NV Esmeralda; NV Lincoln; NV Nye;UT Beaver; UT Garfield; UT Iron;
>
> UT Kane; UT Washington.
>
> 164 Reno, NV:
>
> SMSA Counties:
>
> 6720 Reno, NV 8.2
>
> NV Washoe.
>
> Non-SMSA Counties 9.2
>
> NV Churchill; NV Douglas; NV Elko;NV Eureka; NV Humboldt; NV Lander;
>
> NV Lyon; NV Mineral; NV Pershing; NV Storey; NV White Pine; NV Carson
> City

**Utah:**

> 165 Salt Lake City, Ogden, UT:
>
> SMSA Counties
>
> 6520 Provo‑Orem, UT 2.4
>
> UT Utah.
>
> 7160 Salt Lake City‑Ogden, UT 6.0
>
> UT Davis; UT Salt Lake; UT Toole; UT Weber.
>
> Non‑SMSA Counties 5.1
>
> ID Bear Lake; ID Franklin; ID Oneida; UT Box Elder; UT Cache; UT
> Carbon;
>
> UT Daggett; UT Duchesne; UT Emery; UT Juab; UT Millard; UT Morgan; UT
> Piute;
>
> UT Rich; UT Sanpete; UT Sevier; UT Summit; UT Uintah ‑UT Wasatch; UT
> Wayne;
>
> WY Lincoln; WY Sublette; WY Sweetwater; WY Uinta.

**Idaho:**

> 166 Pocatello-Idaho Falls, ID:

Non‑SMSA Counties 4.0

> ID Bannock; ID Bingham; ID Baline; ID Bonneville; ID Butte; ID Camas;
> ID Caribou;
>
> ID Cassia; ID Clark; ID Custer; ID Fremont; ID Gooding; ID Jefferson;
> ID Jerome;
>
> ID Lemini; ID Lincoln; ID Madison; ID Minidoka; ID Power; ID Teton; ID
> Twin Falls;
>
> WY Teton.
>
> 167 Boise City, ID:
>
> SMSA Counties:
>
> 1080 Boise City. ID 2.3
>
> ID Ada.
>
> Non‑SMSA Counties 4.4
>
> ID Adams; ID Boise; ID Canyon; ID Elmore; ID Gem; ID Owyhee; ID
> Payette;
>
> ID Valley; ID Washington; OR Harney; OR Malheur.

**Washington:**

> 168 Spokane, WA:

SMSA Counties:

> 7840 Spokane, WA 2.8
>
> WA Spokane.
>
> Non‑SMSA Counties 3.0
>
> ID Benewah; ID Bonner; ID Boundary; ID Clearwater; ID Idaho; ID
> Kootena; ID Latah;
>
> ID Lewis; ID Nez Perce; ID Shoshone; WA Adams; WA Asotin; WA Columbia;
> WA
>
> Ferry; WA Garfield; WA Lincoln; WA Pend Orelle; WA Stevens; WA
> Whitman.
>
> 169 Richland, WA:
>
> SMSA Counties:
>
> 6740 Richland-Kennewick, WA 5.4
>
> WA Benton; WA FranklIn.
>
> Non‑SMSA Counties 3.8
>
> OR Baker; OR Gilliam; OR Grant; OR Morrow; OR Umatilla; OR Union;
>
> OR Wallowa; OR Wheeler; WA Walla Walla.
>
> 170 Yakima, WA:
>
> SMSA Counties:
>
> 9260 Yakima, WA 9.7
>
> WA Yakima.
>
> Non‑SMSA Counties 7.2
>
> WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan.
>
> 171 Seattle, WA:
>
> SMSA Counties:
>
> 7600 Seattle-Everett, WA 7.2
>
> WA King; WA Snohomish.
>
> 8200 Tacoma, WA [\`]{.underline} 6.2
>
> WA Pierce.

Non‑SMSA Counties 6.2

> WA Clallarn; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA
> Lewis;
>
> WA Mason; WA Pacific; WA San Juan; WA Skaqil; WA Thurston; WA Whatcom.

**Oregon:**

> 172 Portland, OR:
>
> SMSA Counties:­
>
> 6440 Portland, OR‑WA 4.5
>
> OR Clackamas; OR Muitnomah; OR Washinton; WA Clark.
>
> 7080 Salem OR 2.9
>
> OR Marion; OR Polk.
>
> Non‑SMSA Counties: . . .
>
> OR Benton; OR Clatsop; OR Columbia; OR Crook; OR Deschutes; OR Hood
> River;
>
> OR Jefferson; OR Lincoln; OR Linn; OR Sher­man; OR Tillammok; OR Wasco;
>
> OR Yamhill; WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum.
>
> 173 Eugene, OR:

SMSA Counties:

> 2400 Eugene-Springfield, OR 2.4
>
> OR Lane.
>
> Non‑SMSA Counties 2.4
>
> OR Coos; OR Curry; OR Douglas; OR Jackson; OR Josephine; OR Klamath;
>
> OR Lake

**California:**

> 174 Redding, CA:
>
> Non‑SMSA Counties 6.8

CA Lassen; CA Modoc; CA Plumas; CA; Shasta; CA Siskiyou; CA Tehama.

> 175 Eureka, CA:
>
> Non‑SMSA Counties 6.6
>
> CA Del Norte; CA Humboldt; CA Trinity.
>
> 176 San Francisco‑Oakland‑San Jose, CA:
>
> SMSA Counties:
>
> 7120 Salinas‑Seaside‑Monterey, CA 28.9

CA Monterey.

> 7360 San Francisco‑Oakland, CA 25.8
>
> CA Alameda; CA Contra Costa; CA Marin; San Francisco; CA San Mateo.
>
> 7400 San Jose, CA 19.6
>
> CA Santa Clara.
>
> 7485 Santa Cruz, CA 14.9
>
> CA Santa Cruz.
>
> 7500 Santa Rosa, CA 9.1
>
> CA Sonoma.-
>
> 8720 Vallejo‑Fairfield‑Napa, CA 17.1
>
> CA Napa; CA Solano.
>
> Non‑SMSA Counties 23.2
>
> CA Lake; CA Mendocino; CA San Benito.
>
> 177 Sacramento, CA:
>
> SMSA Counties:
>
> 6920 Sacramento, CA 16.1
>
> CA Placer; CA Sacramento; CA Yolo.
>
> Non‑SMSA Counties 14.3
>
> CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra;
>
> CA Sutter; CA Yuba.
>
> 178 Stockton‑Modesto, CA:
>
> SMSA Counties:-
>
> 5170 Modesto, CA 12.3
>
> CA Stanislaus
>
> 8120 Stockton, CA 24.3
>
> CA San Joaquin.
>
> Non‑SMSA Counties 19.8
>
> CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced, CA
> Tuolumne.
>
> 179 Fresno‑Bakersfield, CA:
>
> SMSA Counties:
>
> 0680 Bakersfield, CA 19.1
>
> CA Kent
>
> 2840 Fresno, CA 26.1
>
> CA Fresno
>
> Non‑SMSA Counties 23.6
>
> CA Kings; CA Madera CA Tulare.
>
> 180 Los Angeles, CA:
>
> SMSA Counties.
>
> 0360 Anaheim‑Santa Ana‑Garden Grove, CA 11.9
>
> CA Orange.
>
> 4480 Los Angeles‑Long Beach, CA 28.3
>
> CA Los Angeles
>
> 6000 Oxnard‑Simi Valley‑Ventura, CA 21.5
>
> CA Ventura
>
> 6780 Riverside‑San Bernardino‑Ontario, CA 19.0
>
> CA Riverside; CA San Bernadino.
>
> 7480 Santa Barbara‑Santa Maria‑Lompoc, CA 19.7
>
> CA Santa Barbara.
>
> Non‑SMSA Counties 24.6
>
> CA Inyo; CA Mono; CA San Luis - Obispo.
>
> 181 San Diego, CA:
>
> SMSA Counties
>
> 7320 San Diego, CA 16.9
>
> CA San Diego.
>
> Non‑SMSA Counties 16.2
>
> CA Imperial

**Alaska:**

> 182 Anchorage, AK:
>
> SMSA Counties:
>
> 0380 Anchorage, AK 8.7
>
> AK Anchorage Division.
>
> Non‑SMSA Counties 15.1
>
> AK Aleutian IsIands Division; AK Angoon Division; AK Barrow‑North
> Slope Division; AK Bethel Division; AK Bristol Bay Borough; AK Bristol
> Bay Division; AK Cordova McCarthy Division; AK Fairbanks Division; AK
> Haines Division; AK Juneau Division; AK Kenai-Cook Inlet Division; AK
> Ketchikan Division; AK Kobuk Division; AK Kodiak Division; AK
> Kwskokwim Division; AK Matansuska-Susitna Division; AK Nome Division;
> AK Outer Ketchikan Division; AK Prince of Wales Division; AK Seward
> Division; AK Sitka Division; AK Skagaway‑Yakutat Division; AK
> Southeast Fairbanks Division; AK Upper Yukon Division; AK
> Valdez-Citina-Whittier Division; AK Wade Hampton Division; AK
> Wrangell-Petersburg Division; AK Yukon-Koyukuk Division.

**Hawaii:**

> 183 Honolulu, HI:
>
> SMSA Counties:
>
> 3320 Honolulu. Hl 69.1
>
> HI Honolulu.
>
> Non‑SMSA Counties 70.4
>
> HI Hawaii; HI Kauai; HI Maui; HI Kalowao.

[^1]: The Veterans Employment Opportunities Act of 1998 (VEOA), Public
    Law 105-339, increased the threshold for coverage under VEVRAA from
    a contract of \$10,000 or more to a contract of \$25,000 or more,
    and extended the law's protections to "veterans who served on active
    duty during a war or in a campaign or expedition for which a
    campaign badge has been authorized." The existing VEVRAA regulations
    do not yet reflect the changes made by the VEOA. OFCCP is planning
    to publish for notice and comment regulatory provisions that reflect
    the new coverage threshold and the additional groups of veterans
    entitled to protections under VEVRAA in the very near future. This
    Guide refers to the existing regulations, however, nothing prohibits
    a contractor from applying the same standards to other war or
    campaign veterans.

[^2]: (Note: A very small group of contractors and subcontractors, those
    holding a total of more than \$10,000 in Federal construction
    contracts or subcontracts but not holding a single contract or
    subcontract exceeding \$10,000, are required to comply with the
    Executive Order but are not required to comply with the EEO and
    Affirmative Action Specifications detailed at 41 CFR 60-4.3(a)(7).
    The vast majority of construction contractors and subcontractors are
    required to comply with both the Executive Order and the EEO and
    Affirmative Action Specifications, and this Guide is prepared
    primarily for those contractors and subcontractors.

[^3]: Records should be maintained for each race and national origin
    constituting more than two percent (2%) of the labor force in the
    relevant labor area. Contractors do not need to keep track of race
    or national origin data if one race or national origin group
    constitutes more than ninety-eight percent (98%) of the labor force
    in the relevant area.

[^4]: The Veterans Employment Opportunities Act of 1998 (VEOA), Public
    Law 105-339, increased the threshold for coverage under VEVRAA from
    a contract of \$10,000 or more to a contract of \$25,000 or more,
    and extended the law's protections to "veterans who served on active
    duty during a war or in a campaign or expedition for which a
    campaign badge has been authorized." The existing VEVRAA regulations
    do not yet reflect the changes made by the VEOA. OFCCP is planning
    to publish for notice and comment regulatory provisions that reflect
    the new coverage threshold and the additional groups of veterans
    entitled to protections under VEVRAA in the very near future. This
    Guide refers to the existing regulations, however, nothing prohibits
    a contractor from applying the same standards to other war or
    campaign veterans.

[^5]: The Veterans Employment Opportunities Act of 1998 (VEOA), Public
    Law 105-339, increased the threshold for coverage under VEVRAA from
    a contract of \$10,000 or more to a contract of \$25,000 or more,
    and extended the law's protections to "veterans who served on active
    duty during a war or in a campaign or expedition for which a
    campaign badge has been authorized." The existing VEVRAA regulations
    do not yet reflect the changes made by the VEOA. OFCCP is planning
    to publish for notice and comment regulatory provisions that reflect
    the new coverage threshold and the additional groups of veterans
    entitled to protections under VEVRAA in the very near future. This
    Guide refers to the existing regulations, however, nothing prohibits
    a contractor from applying the same standards to other war or
    campaign veterans.

[^6]: A contractor's duty to provide a reasonable accommodation with
    respect to applicants who are individuals with disabilities or
    special disabled veterans is not limited to those who ultimately
    demonstrate that they are qualified to perform the job in issue.
    Individuals with disabilities and special disabled veteran
    applicants must be provided a reasonable accommodation with respect
    to the application process if they are qualified with respect to
    that process (e.g., if they present themselves at the correct
    location and time to fill out an application).

[^7]: The Veterans Employment Opportunities Act of 1998 (VEOA), Public
    Law 105-339, increased the threshold for coverage under VEVRAA from
    a contract of \$10,000 or more to a contract of \$25,000 or more,
    and extended the law's protections to "veterans who served on active
    duty during a war or in a campaign or expedition for which a
    campaign badge has been authorized." The existing VEVRAA regulations
    do not yet reflect the changes made by the VEOA. OFCCP is planning
    to publish for notice and comment regulatory provisions that reflect
    the new coverage threshold and the additional groups of veterans
    entitled to protections under VEVRAA in the very near future. This
    Guide refers to the existing regulations, however, nothing prohibits
    a contractor from applying the same standards to other war or
    campaign veterans.