Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
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.