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........ .....'-... STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EX. O. 11246) I. As used in these specifications: a, "Covered area" means the geographical area described in the solicitation from which this contract resulled; b. "Director" means Director, Office of Federal Contract Compliance Programs. United States Department of Labor, or any person to whom the Director delegates authority; c, "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U,S, Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) 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); and (iv) 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. Whenever the Contractor, or any Sub- contractor at any tier, subcontracts a por- tion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provi- sions of these specifications and the Notice which contains the applicable goals for mi- nority and female participation and which is set forth in the solicitations from which this contract resulted. ), If the Contractor is participating (pur- suant to 41 CFR 60-4,5) in a Hometown Plan approved by the U.S, Department of Labor in the covered area either indiVidually or through an association, its affirmative action obligations on all work in the Plan area (inclUding goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to dem- onstrate their participation in and compli- ance with the provisions of any such Home- town Plan, Each Contractor or Subcontrac- tor participating in an approved Plan is indi- vidually required to comply with its obliga- tions under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has em- ployees, The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Sub- contractor's failure to take good faith efforts to achieve the Plan goals and time- tables, 4, The Contractor shall implement the specific affirmative action standards pro- vided in paragraphs 7a 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 minor- ity and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area, The Contractor is expected to make SUbstantially uniform pro- gress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a col- lective bargaining agreement, to refer either minorities or women shall excuse the Con- tractor's obligations under these specifica- tions, Executive Order 11246, or the regula- tions promulgated pursuant thereto. 6, In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such appren- tices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commit- ment to employ the apprentices and trainees at the completion of their training, sub- ject to the availability of employment opportunities. Trainees must be trained pursu- ant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific afru- mative actions to ensure equal employment opportunity. The evaluation of the Contrac- tors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Con- tractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the follOWing: a, Ensure and maintain a working environ- ment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction projects. The Contractor shall specifically ensure that all foremen, super- intendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific atten- tion to minority or female individuals work- ing at such sites or in such facilities. b, Establish and maintain a Current list of minority and female recruitment sources, provide wrillen notification to minority and female recruitment Sources and to commu. nity organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the orga- nizations' responses, c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the'street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken- with respect to each such indiVidual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken, d. Provide immediate written notification to the Director when the unions or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Con- tractor has other information that the union referral process has impeded the Con- tractor's efforls to meet its obligations. e. Develop on-the-job training opportunities andlor participate in training programs for the area which expressly include minor- ities and women, inClUding upgrading pro- grams and apprenticeShip and trainee programs relevant to the Contractor's employ- ment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the Sources complied under 7b above. 3 f. Disseminate the Contractor's EEO policy by providil1l notice of the policy to unions and training programs and request- ing their cooperation in usistin~ the Con- tractor in meeting its EEO obligations; by including it in any policy manual and collec- tive bargaining agreement; by publicizing It in the company newspaper, annual teport, etc.; by specllic review of the policy with all management personnel and with all minor- ity and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location wl1ere construc- tion work Is performed. g. Review, at least annually, the compa- ny's EEO policy and afrumative action obU- gations under these specifications with all employees having any responsibility for hiring, usignment, 'layoff, termination or other employment decisions including spe- cific review of these items with onslte super- visory pelSonnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any 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 malter. . h. Disseminate the Contractor's EEO policy externally by including it in any ad- vertising in the news media, specificaJly including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct is recruitment efforts, both oral and written, to minority, female and com- munity organizations, to schools with mi- nority and female students and to minority and female recruitment and training. organi- zations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the accep- tance of applications for apprenticeship or olher training by any recruitment source, the Contractor shall send written notifica- tion to organizations such as the above, de- scribing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and Women and, where reasunable, provide after school, summer and vacation employ- /IIent to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60.3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportu- nities and encourage these employees to seek or tu prepare for, through appropriate training, etc., such oPPortunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discrimi- natory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Con- tractor's obligations under these specifica- tions are being carried OUI. n. Ensure that all facilities and company activities are nonscgregated except that sep- arate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. FmHA 1924-6