52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
Source: FAR 52.222-23 on acquisition.gov
Contractors on federal construction projects must make good faith efforts to meet specified minority and female workforce participation goals and promptly notify the Department of Labor of qualifying subcontracts.
Overview
FAR 52.222-23 requires offerors and contractors on federal construction contracts to be aware of and comply with affirmative action and equal employment opportunity (EEO) requirements. This provision mandates that contractors meet specific minority and female workforce participation goals, which are set by the Contracting Officer for each trade and geographic area. These goals apply to all construction work performed in the designated "covered area" and must be applied to other areas if work is performed elsewhere. Contractors must make good faith efforts to employ minorities and women uniformly across all projects and are prohibited from transferring employees solely to meet participation goals. Additionally, contractors must notify the Department of Labor within 10 working days of awarding any construction subcontract over $10,000, providing detailed information about the subcontract. Compliance is measured by the contractor's efforts and the uniformity of minority and female employment throughout the contract period.
Key Rules
- Affirmative Action and EEO Requirements
- Contractors must comply with the Equal Opportunity clause and Affirmative Action Compliance Requirements for Construction.
- Participation Goals
- Specific minority and female participation goals are established for each trade and must be met in the covered area.
- Good Faith Efforts
- Contractors must make good faith efforts to employ minorities and women evenly across all projects and cannot transfer employees solely to meet goals.
- Subcontractor Notification
- Written notification to the Department of Labor is required within 10 working days of awarding any construction subcontract over $10,000.
- Geographical Scope
- Goals and requirements apply to the "covered area" as defined in the contract, and to other areas if work is performed elsewhere.
Responsibilities
- Contracting Officers: Insert appropriate participation goals and define the covered area in the solicitation.
- Contractors: Implement affirmative action programs, meet participation goals, make good faith efforts, and provide required notifications for subcontracts.
- Agencies: Monitor compliance and ensure contractors fulfill notification and reporting obligations.
Practical Implications
- This provision ensures federal construction contractors actively promote equal employment opportunities for minorities and women.
- Contractors must track workforce composition, document efforts, and communicate with the Department of Labor regarding subcontracts.
- Failure to comply can result in contract violations and potential penalties. Common pitfalls include inadequate documentation, failure to notify on time, or improper employee transfers.
As prescribed in 22.810(b), insert the following provision:
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)
(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals 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 area, are as follows:
| Goals for Minority Participation for EachTrade | Goals for Female Participation for EachTrade |
|
________________ |
________________ |
| [ Contracting Officer shall insert goals] | [ Contracting Officer shall insert goals] |
These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) 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. 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, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following 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-
(1) Name, address, and telephone number of the subcontractor;
(2) Employer’s identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is ___________ [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the state, county, and city].
(End of provision)