52.222-27 Affirmative Action Compliance

Requirements for Construction.

As prescribed in 22.810(f), insert the following clause:

Affirmative Action Compliance Requirements for Construction (Apr 2015)

(a) Definitions. As used in this clauseCovered area means the geographical area described in the solicitation for this contract.

Deputy Assistant Secretary, means the Deputy Assistant Secretary for the Office of Federal Contract

Compliance Programs, U.S. Department of Labor, or a designee.

Employer identification number, means the Federal Social Security number used on the employer’s

quarterly Federal tax return, U.S. Treasury Department Form 941.

Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract

Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Minority, as used in this clause, means-

(1) American Indian or Alaskan Native (all persons having origins in any of the original peoples of

North America and maintaining identifiable tribal affiliations through membership and participation

or community identification).

(2) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far

East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);

(3) Black (all persons having origins in any of the black African racial groups not of Hispanic origin);

and

(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other

Spanish culture or origin, regardless of race).

Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract

Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

(b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any

construction trade, each such subcontract in excess of $10,000 shall include this clause and the

Notice containing the goals for minority and female participation stated in the solicitation for this

contract.

(c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4) approved by the U.S.

Department of Labor in a covered area, either individually or through an association, its affirmative

action obligations on all work in the plan area (including goals) shall comply with the plan for those

trades that have unions participating in the plan. Contractors must be able to demonstrate

participation in, and compliance with, the provisions of the plan. Each Contractor or subcontractor

participating in an approved plan is also required to comply with its obligations under the Equal

Opportunity clause, and to make a good faith effort to achieve each goal under the plan in each
trade in which it has employees. The overall good-faith performance by other Contractors or

subcontractors toward a goal in an approved plan does not excuse any Contractor’s or

subcontractor’s failure to make good-faith efforts to achieve the plan’s goals.

(d) The Contractor shall implement the affirmative action procedures in paragraphs (g)(1) through

(16) of this clause. The goals stated in the solicitation for this contract are expressed as percentages

of the total hours of employment and training of minority and female utilization that the Contractor

should reasonably be able to achieve in each construction trade in which it has employees 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 the geographical area where that work is

actually performed. The Contractor is expected to make substantially uniform progress toward its

goals in each craft.

(e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a

union with which the Contractor has a collective bargaining agreement, to refer minorities or

women shall excuse the Contractor’s obligations under this clause, Executive Order11246, as

amended, or the regulations thereunder.

(f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting

the goals, apprentices and trainees must be employed by the Contractor during the training period,

and the Contractor must have made a commitment to employ the apprentices and trainees at the

completion of their training, subject to the availability of employment opportunities. Trainees must

be trained pursuant to training programs approved by the U.S. Department of Labor.

(g) The Contractor shall take affirmative action to ensure equal employment opportunity. The

evaluation of the Contractor’s compliance with this clause shall be based upon its effort to achieve

maximum results from its actions. The Contractor shall document these efforts fully and implement

affirmative action steps at least as extensive as the following:

(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in

all facilities where the Contractor’s employees are assigned to work. The Contractor, if possible, will

assign two or more women to each construction project. The Contractor shall ensure that foremen,

superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s

obligation to maintain such a working environment, with specific attention to minority or female

individuals working at these sites or facilities.

(2) Establish and maintain a current list of sources for minority and female recruitment. Provide

written notification to minority and female recruitment sources and community organizations when

the Contractor or its unions have employment opportunities available, and maintain a record of the

organizations’ responses.

(3) Establish and maintain a current file of the names, addresses, and telephone numbers of each

minority and female off-the-street applicant, referrals of minorities or females from unions,

recruitment sources, or community organizations, and the action taken with respect to each

individual. If an individual was sent to the union hiring hall for referral and not referred back to the

Contractor by the union or, if referred back, not employed by the Contractor, this shall be

documented in the file, along with whatever additional actions the Contractor may have taken.

(4) Immediately notify the Deputy Assistant Secretary when the union or unions with which the

Contractor has a collective bargaining agreement has not referred back to the Contractor a minority

or woman sent by the Contractor, or when the Contractor has other information that the union

referral process has impeded the Contractor’s efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for the area

that expressly include minorities and women, including upgrading programs and apprenticeship and

trainee programs relevant to the Contractor’s employment needs, especially those programs funded

or approved by the Department of Labor. The Contractor shall provide notice of these programs to

the sources compiled under paragraph (g)(2) of this clause.

(6) Disseminate the Contractor’s equal employment policy by-

(i) Providing notice of the policy to unions and to training, recruitment, and outreach programs, and

requesting their cooperation in assisting the Contractor in meeting its contract obligations;

(ii) Including the policy in any policy manual and in collective bargaining agreements;

(iii) Publicizing the policy in the company newspaper, annual report, etc.;

(iv) Reviewing the policy with all management personnel and with all minority and female employees

at least once a year; and

(v) Posting the policy on bulletin boards accessible to employees at each location where construction

work is performed.

(7) Review, at least annually, the Contractor’s equal employment policy and affirmative action

obligations with all employees having responsibility for hiring, assignment, layoff, termination, or

other employment decisions. Conduct review of this policy with all on-site supervisory personnel

before initiating construction work at a job site. A written record shall be made and maintained

identifying the time and place of these meetings, persons attending, subject matter discussed, and

disposition of the subject matter.

(8) Disseminate the Contractor’s equal employment policy externally by including it in any

advertising in the news media, specifically including minority and female news media. Provide

written notification to, and discuss this policy with, other Contractors and subcontractors with which

the Contractor does or anticipates doing business.

(9) 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. Not

later than 1 month before the date for acceptance of applications for apprenticeship or training by

any recruitment source, send written notification to organizations such as the above, describing the

openings, screening procedures, and tests to be used in the selection process.

(10) Encourage present minority and female employees to recruit minority persons and women.

Where reasonable, provide after-school, summer, and vacation employment to minority and female

youth both on the site and in other areas of the Contractor’s workforce.

(11) Validate all tests and other selection requirements where required under 41 CFR 60-3.

(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female

personnel for promotional opportunities. Encourage these employees to seek or to prepare for,

through appropriate training, etc., opportunities for promotion.

(13) 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 the Contractor’s obligations under this contract are
being carried out.

(14) Ensure that all facilities and company activities are nonsegregated except that separate or

single-user rest rooms and necessary dressing or sleeping areas shall be provided to assure privacy

between the sexes.

(15) Maintain a record of solicitations for subcontracts for minority and female construction

contractors and suppliers, including circulation of solicitations to minority and female contractor

associations and other business associations.

(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the

Contractor’s equal employment policy and affirmative action obligations.

(h) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling

one or more of the affirmative action obligations contained in paragraphs (g)(1) through (16) of this

clause. The efforts of a contractor association, joint contractor-union, contractor-community, or

similar group of which the contractor is a member and participant may be asserted as fulfilling one

or more of its obligations under paragraphs (g)(1) through (16) of this clause, provided, the

Contractor-

(1) Actively participates in the group;

(2) Makes every effort to ensure that the group has a positive impact on the employment of

minorities and women in the industry;

(3) Ensures that concrete benefits of the program are reflected in the Contractor’s minority and

female workforce participation;

(4) Makes a good-faith effort to meet its individual goals and timetables; and

(5) Can provide access to documentation that demonstrates the effectiveness of actions taken on

behalf of the Contractor. The obligation to comply is the Contractor’s, and failure of such a group to

fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

(i) A single goal for minorities and a separate single goal for women shall be established. The

Contractor is required to provide equal employment opportunity and to take affirmative action for all

minority groups, both male and female, and all women, both minority and nonminority.

Consequently, the Contractor may be in violation of Executive Order11246, as amended, if a

particular group is employed in a substantially disparate manner.

(j) The Contractor shall not use goals or affirmative action standards to discriminate against any

person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

(k) The Contractor shall not enter into any subcontract with any person or firm debarred from

Government contracts under Executive Order11246, as amended.

(l) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the

Equal Opportunity clause, including suspension, termination, and cancellation of existing

subcontracts, as may be imposed or ordered under Executive Order11246, as amended, and its

implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as

ordered shall be a violation of this clause and Executive Order11246, as amended.

(m) The Contractor in fulfilling its obligations under this clause shall implement affirmative action
procedures at least as extensive as those prescribed in paragraph (g) of this clause, so as to achieve

maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to

comply with the requirements of Executive Order11246, as amended, the implementing regulations,

or this clause, the Deputy Assistant Secretary shall take action as prescribed in 41 CFR 60-4.8.

(n) The Contractor shall designate a responsible official to-

(1) Monitor all employment-related activity to ensure that the Contractor’s equal employment policy

is being carried out;

(2) Submit reports as may be required by the Government; and

(3) Keep records that shall at least include for each employee the name, address, telephone number,

construction trade, union affiliation (if any), employee identification number, social security number,

race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,

hours worked per week in the indicated trade, rate of pay, and locations at which the work was

performed. Records shall be maintained in an easily understandable and retrievable form; however,

to the degree that existing records satisfy this requirement, separate records are not required to be

maintained.

(o) Nothing contained herein shall be construed as a limitation upon the application of other laws

that establish different standards of compliance or upon the requirements for the hiring of local or

other area residents (e.g., those under the Public Works Employment Act of1977 and the Community

Development BlockGrant Program).

(End of clause)

Parent topic: 52.222 [Reserved]