As prescribed in 22.810(e), insert the following clause in
solicitations and contracts (see 22.802) unless all of the terms of
the clause are exempt from the requirements of EO 11246 (see
Alternate I (APR 1984). If one or more, but not all, of the terms of
the clause are exempt from the requirements of EO 11246 (see 22.807(a)),
the contracting officer shall add the following as a preamble to the
EQUAL OPPORTUNITY (APR 1984)
Notice. The following terms of this clause are waived for this
contract: ______ [Contracting Officer shall list terms]
(a) If, during any 12-month period (including the 12 months
preceding the award of this contract), the Contractor has been or is
awarded nonexempt Federal contracts and/or subcontracts that have an
aggregate value in excess of $10,000, the Contractor shall comply
with subparagraphs (b)(1) through (11) below. Upon request, the
Contractor shall provide information necessary to determine the
applicability of this clause.
(b) During performing this contract, the Contractor agrees as
(1) The Contractor shall not discriminate against any employee
or applicant for employment because of race, color, religion, sex,
or national origin.
(2) The Contractor shall 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. This shall include, but not be limited to, (i)
employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v)
recruitment or recruitment advertising, (vi) layoff or termination,
(vii) rates of pay or other form and (viii) selection for training,
(3) The Contractor shall post in conspicuous places available to
employees and applicants for employment the notices to be provided
by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, the notice to be provided
by the Contracting Officer advising the labor union or workers'
representative of the Contractor's commitments under this clause, and
post copies of the notice in conspicuous places available to employees
and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as
amended, and the rules, regulations, and orders of the Secretary of
(7) The Contractor shall furnish to the contracting agency all
information required by Executive Order 11246, as amended, and by the
rules, regulations, and orders of the Secretary of Labor. Standard Form
100 (EEO-1), or any successor form, is the prescribed form to be filed
within 30 days following the award, unless filed within 12 months
preceding the date of award.
(8) The Contractor shall permit access to its books, records, and
accounts by the contracting agency or the Office of Federal Contract
Compliance Programs (OFCCP) for the purposes of investigation to
ascertain the Contractor's compliance with the applicable rules,
regulations, and orders.
(9) If the OFCCP determines that the Contractor is not in
compliance with this clause or any rule, regulation, or order of the
Secretary of Labor, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts, under the procedures
authorized in Executive Order 11246, as amended. In addition, sanctions
may be imposed and remedies invoked against the Contractor as provided
in Executive Order 11246, as amended, the rules, regulations, and order
of the Secretary of Labor, or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions of
subparagraph (b)(1) through (11) of this clause in every subcontract
or purchase order that is not exempted by the rules, regulations, or
orders of the Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be binding upon
each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any
subcontract or purchase order as the contracting agency may direct
as a means of enforcing these terms and conditions, including sanctions
for noncompliance; provided, that if the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of any direction, the Contractor may request the United States
to enter into the litigation to protect the interests of the United
(c) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR
(End of clause)
(R 7-103.18 1978 SEP)
(R 7-607.13 1978 SEP)