# Subpart 522.8 - Equal Employment Opportunity

## 522.803 Responsibilities.

Contracting officers should submit questions on the applicability of EO 11246 and implementing regulations to assigned legal counsel.

## 522.804 Affirmative action programs.

### 522.804-1 Nonconstruction.

1. (a) The requirements of FAR 22.804 also apply to each contractor and subcontractor with 50 or more employees that either:

   1. (1) Serves as a depository of Government funds; or

   2. (2) Is a financial institution serving as an issuing and paying agent for U.S. savings bonds and savings notes.

2. (b) The contractors, subcontractors, and financial institutions described in 522.804-1(a) must develop a written affirmative action compliance program for each of its establishments regardless of the contract or holding value, in accordance with 41 CFR 60-1.40.

### 522.804-2 Construction.

Goals for the employment of minorities and women in the construction industry are established by the Director, Office of Federal Contract Compliance Programs (OFCCP), Department of Labor. The current goal for the utilization of women is 6.9%, regardless of the location of the Federal contract. This goal was extended indefinitely by the Department of Labor in 1980. The current goals for minority participation vary by location and are listed in the Technical Assistance Guide for Construction Participation Goals for Minorities and Females. This guide can be accessed at http://www.dol.gov/ofccp/index.htm.

## 522.805 Procedures.

1. (a) To determine whether the contract meets the threshold in FAR 22.805(a), contracting officers shall include the value of the basic contract plus priced options. A contract modification exercising a priced option is not a contract award under FAR 22.805(a)(1)(ii) and does not require a preaward clearance.

2. (b) Contracting officers shall submit preaward clearance requests directly to the appropriate OFCCP regional office. A list of these offices can be found at http://www.dol.gov/ofccp/contacts/ofnation2.htm.

3. (c) The EEO poster required by FAR 22.805(b) can be found at: http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm. In addition to providing this poster to each non-exempt contractor, the contracting officer shall advise contractors to complete the Employer Information Report (EEO-1) at http://www.eeoc.gov/eeo1survey/index.html.

## 522.807 Exemptions.

The agency labor advisor submits a request for exemption.