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52.222-23Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.222-23 — Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. 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 each trade Goals for female participation for each trade ________ ________ [ 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 tra

Source: eCFR, 48 CFR 52.222-23 (https://www.ecfr.gov/current/title-48/section-52.222-23)

Compliance Checklist

  • (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 each trade Goals for female participation for each trade ________ ________ [ 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.
  • (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.
  • (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S.
  • The notification shall list the— (2) Name, address, and telephone number of the subcontractor; (i) 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 ].

Flow-Down to Subcontractors

Flow-down required

This clause must be included in subcontracts with no subcontractors where the subcontractor will perform work covered by this clause. Typically appears in contract Section Section I.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.