(P

(Federal Construction Programs)

EOUAL OPPORTUNITY

During the performance of this contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant

for employment because of race, color, religion, sex, or national origin. The

Contractor will take affirmative action to ensure that applicants are employed, and

that employees are treated during employment, without regard to their race, color,

religion, sex, or national origin. Such action shall include, but not be limited to,

the following: Employment, upgrading, demotion, or transfer; recruitment or

recruitment advertising; layoff or termination; rates of pay or other forms of

compensation; and selection for training, including apprenticeship. The Contractor

agrees to post in conspicuous places, available to employees and applicants for

employment, notices to be provided by the Contracting Officer setting forth the

provisions of this nondiscrimination clause.

(2) The Contractor will,in all solicitations or advertisements for employees

placed by or on behalf of the Contractor, state that all qualified applicants will

receive consideration for employment without discrimination because of race, color,

religion, sex, or national origin.

(3) The Contractor will send to each labor union or representative of

workers with which it has a collective bargaining agreement or other contract or

understanding, a notice, to be provided by the Contracting Officer, advising the

said labor union or workers’ representative of the Contractor’s commitments under

Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies

of the notice in conspicuous places available to employees and applicants for

employment.

(4) The Contractor will comply with all provisions of Executive Order No.

11246 of September 24, 1965, as amended, and of the rules, regulations, and

relevant orders of the Secretary of Labor.

(5) The Contractor will furnish all information and reports required by said

amended Executive Order and by the rules, regulations, and orders ofthe Secretary

of Labor, or pursuant thereto, and will permit access to its books, records, and

accounts by the Contracting Officer and the Secretary of Labor for purposes of

investigation to ascertain compliance with such rules, regulations, and orders.
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(6) In the event of the Contractor’s noncompliance with the

nondiscrimination clauses ofthis contract or with any of the said rules, regulations,

or orders, this contract may be canceled, terminated, or suspended, in whole or in

part, and the Contractor may be declared ineligible for further Government

contracts in accordance with procedures authorized in said amended Executive

Order, and such other sanctions may be imposed and remedies invoked as provided

in said Executive Order, or by rule, regulation, or order of the Secretary of Labor,

or as otherwise provided by law.

(7) The Contractor will include the provisions of paragraphs (1) through

(7) in every subcontract or purchase order unless exempted by the rules,

regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of

said amended Executive Order, so that such provisions will be binding upon each

subcontractor or vendor. The Contractor will take such action with respect to any

subcoiitract or purchase order as may be directed by the Secretary of Labor as a

means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, That in the event the Contractor becomes involved in, or is

threatened with, litigation with a subcontractor or vendor as a result of such

direction, the Contractor may request the United States to enter into such litigation

to protect the interests of the United States.

Approved 2/26/79; Reviewed 11/84

Notes: 1. Use of the Equal Employment Opportunity provisions set forth in 41 CFR

60-1.4 are directed by Executive Order No. 11246 of September 24, 1965 (3

CFR page 167, 1965 Supplement), as amended by Executive Order No. 11375

of October 13, 1967 (3 CFR page 320, 1967 Compilation) Executive Order

12086 of October 5, 1978. incorporation by reference, as provided for by 41

CFR 60-1.4(d), is not recommended. Where appropriate for consistency,

letters may be substituted for the numbers 1-7.

2. When employment ofindians is to be a contract condition, the following

language may be used to modify the equal opportunity article (From

memorandum dated 2/6/80).

INDIAN EMPLOYMENT - EOUAL OPPORTUNITY

a. In accordance with the provisions of Title 42 U.S.C. 2000-e-2(i), the

Contractor shall give preference in employment to Indian residents of the ____________

indian Reservation. The Bureau of indian Affairs Office of Employment Assistance

shall be notified of employment opportunities 48 hours before any positions are

advertised to the general public.
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b. Except as provided above, during the performance of this contract, the

Contractor agrees as follows:

Equal Opportunity

Federal Construction Programs

Include in 9(d), 9c(1), 9(e), 9c(2)

Not applicable in P.L 130, P.L 984, D&MC, R&B

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