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tquai Lmployment u.5. uepartment of Mousing Department of Veterans Affairs
<br />and Urban Development
<br />Opportunity Certification Office of Housing
<br />Excerpt From 41 CFR §60-1.4(b) Federal Housing Commissioner
<br />The applicant hereby agrees that it will incorporate or cause to be
<br />incorporated into any contract for construction work, or modifi-
<br />cation thereof, as defined in the regulations of the Secretary of
<br />Labor at 41 CFR Chapter 60, which is paid for in whole or in part
<br />with funds obtained from the Federal Government or borrowed
<br />on the credit of the Federal Government pursuant to a grant,
<br />contract, loan insurance, or guarantee, or undertaken pursuant to
<br />any Federal program involving such grant, contract, loan, insur-
<br />ante, or guarantee, the following equal opportunity clause:
<br />During the performance of this contract, the contractor agrees as
<br />follows:
<br />(1) The contractor will not discriminate against any employee or
<br />applicant for employment because of race, color, religion,
<br />sex, or national origin. The contractor will take affirmative
<br />action to ensure that applicants are employed, and that em-
<br />ployees are treated during employment without regard to
<br />their race, color, religion, sex, or national origin, such action
<br />shall include, but not be limited to the following: Employ-
<br />ment, upgrading, demotion, or transfer; recruitment or re-
<br />cruitment advertising; layoff or termination; rates of pay or
<br />other forms of compensation; and selection for training,
<br />including apprenticeship. The contractor agrees to post in
<br />conspicuous places, available to employees and applicants
<br />for employment, notices to be provided setting forth the
<br />provisions of this nondiscrimination clause.
<br />(2) The contractor will, in all solicitations or advertisements for
<br />employees placed by or on behalf of the contractor, state that
<br />r all qualified applicants will receive considerations for em-
<br />ployment without regard to race, color, religion, sex, or
<br />national origin.
<br />(3) The contractor will send to each labor union or representative
<br />of workers with which it has a collective bargaining agree-
<br />ment or other contract or understanding, a notice to be
<br />provided advising the said labor union or workers' represen-
<br />tatives of the contractor's commitments under this section,
<br />and shall post copies of the notice in conspicuous places
<br />available to employees and applicants for employment.
<br />(4) The contractor will comply with all provisions of Executive
<br />Order 11246 of September 24, 1965, and of the rules, regu-
<br />lations and relevant orders of the Secretary of Labor.
<br />(5) The contractor will furnish all information and reports re-
<br />quired by Executive Order 11246 of September 24, 1965, and
<br />by rules, regulations, and orders of the Secretary of Labor, or
<br />pursuant thereto, and will permit access to its books, records,
<br />and accounts by the administering agency and the Secretary
<br />of Labor for purposes of investigation to ascertain compli-
<br />ance with such rules, regulations, and orders.
<br />Firm Name and Address
<br />(6) In the event of the contractor's noncompliance with the
<br />nondiscrimination clauses of this contract or with any of the
<br />said rules, regulations, or orders, this contract may be can-
<br />celed, terminated, or suspended in whole or in part and the
<br />contractor may be declared ineligible for further Govern-
<br />ment contracts or federally assisted construction contracts in
<br />accordance with procedures authorized in Executive Order
<br />11246 of September 24, 1965, and such other sanctions may
<br />be imposed and remedies invoked as provided in Executive
<br />Order 11246 of September 24, 1965, or by rule, regulation, or
<br />order of the Secretary of Labor, or as otherwise provided bylaw.
<br />(7) The contractor will include the portion of the sentence imine-
<br />diately preceding paragraph (1) and the provisions of para-
<br />graphs (1) through (7) in every subcontract or purchase order
<br />unless exempted by rules, regulations, or orders of the Sec-
<br />retary of Labor issued pursuant to section 204 of Executive
<br />Order 11246 of September 24, I965, so that such provisions
<br />will be binding upon each subcontractor or vendor. The
<br />contractor will take such action with respect to any subcon-
<br />tract or purchase order as the administering agency may
<br />direct as a means of enforcing such provisions, including
<br />sanctions for noncompliance: Provided, however, That in
<br />the event a contractor becomes involved in, or is threatened
<br />with, litigation with a subcontractor or vendor as a result of
<br />such direction by the administering agency the contractor
<br />may request the United States to enter into such litigation to
<br />protect the interests of the United States.
<br />The applicant further agrees that it will be bound by the above equal
<br />opportunity clause with respect to its own employment practices
<br />when it participates in federally assisted construction work:
<br />Provided, That if the applicant so participating is a State or local
<br />government, the above equal opportunity clause is not applicable
<br />to any agency, instrumentality or subdivision of such government
<br />which does not participate in work on or under the contract.
<br />The applicant agrees that it will assist and cooperate actively with
<br />the administering agency and the Secretary of Labor in obtaining
<br />the compliance of contractors and subcontractors with the equal
<br />opportunity clause and the rules, regulations, and relevant orders
<br />of the Secretary of Labor, that it will furnish the administering
<br />agency and the Secretary of Labor such information as they may
<br />require for the supervision of such compliance, and that it will
<br />otherwise assist the administering agency in the discharge of the
<br />agency's primary responsibility for securing compliance.
<br />The applicant further agrees that it will refrain from entering into
<br />any contract or contract modification subject to Executive Order
<br />11246 of September 24,1965, with a contractor debarred from, or
<br />who has not demonstrated eligibility for, Government contracts
<br />and Federally -assisted construction contracts pursuant to the
<br />Executive order and will carry out such sanctions and penalties
<br />for violation of the equal opportunity clause as may be imposed
<br />By
<br />Title
<br />form HUD -92010 (1182)
<br />VA form 26-421
<br />69
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