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and incorporated them, along with the affirmative action

concepts and procedures adopted by Plans for Progress,

in Title 41 CFR 60-2 or order No. 4, published January 20,

1970.

The regulation was revised to include goals for

females on December 1, 1971.

II.

The Administration of the AAP Goals and Timetables and Procedures

The affirmative action program regulations con

tain essentially six requirements:

(1) a work force

analysis; (2) a job group analysis; (3) an availability

analysis; (4) goals and timetables; (5) implementing

procedures; and (6) mandatory enforcement steps.

Work Force Analysis--60-2.1l(a)

The work force analysis calls for a picture of the

pattern of employment of minorities and women.

It

consists of a listing of job titles by department or

related organizational unit, ranked sequentially from

the lowest paying to the highest paying jobs, with an

indication of rates of pay or salary ranges and the

number of incumbents by race, sex, and ethnic origin.

Its purpose is to permit the contractor and the Gov

ernment to identify apparent or potential affected

classes and other forms of systemic discrimination.

Where such problems are disclosed, the regulations

place a duty on the contractor to institute remedial

Job Group Analysis--60-2.11(b)

The job group analysis consists of a listing of

job titles including the number of incumbents by race,

sex, and ethnic origin within job groups (as opposed

to organizational units). For the purpose of this analysis a job group is defined as one or a group of

jobs having similar wage rates and opportunities. The job group analysis is the initial groundwork item from

which the necessity for and the level of goals and

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For each job group in which the job group and

availability analysis disclose underutilization,

goals and timetables are to be established.

"Under

utilization" is defined as having fewer minorities or

women in a particular job group than would be reason

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the timetables may be framed or used in such a manner

as to constitute illegal quotas or otherwise discrimi

nate against nonminorities or males.

Affirmative Action Procedures--60-2.13 through 60-2.25

The goals and timetables provisions are followed

by procedures contained in 60-2.13 and subpart C which

lists examples of measures which a contractor must take

to identify problem areas, resolve problems disclosed,

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must certify whether it has an AAP pursuant to 60-2;

(2) until a contractor develops such a program it is

unable to comply with the equal opportunity clause of

the contract and, therefore, ineligible for the award;

(3) if within a specific time period after the com

mencement of a compliance review a compliance agency

determines that the contractor has not developed an

acceptable affirmative action program, a notice is

issued to the contractor to show cause within 30 days

why sanction proceedings should not be instituted.

Further, during the pendency of the 30-day show cause

notice and the sanction proceedings, each Government

contracting agency must continue to determine the con

tractor's responsibility in considering whether or not

to award an additional or new contract.

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action program or plan which meets in whole or in

part the principles and concepts contained in 41 CFR

60-2, particularly those relating to goals, timetables,

and action oriented procedures.

Federal contractors

who in recent years have not been subject to a com

pliance review must develop and maintain an affirma

tive action program as a condition of contract award.

Those who can anticipate a compliance review, and would

otherwise fail to develop and execute a reasonably

successful affirmative action program, risk contract

actions, including deferrals and passovers, as a con

sequence of a determination of nonresponsibility.

In addition, for both Federal and non-Federal

contractors an aggressive affirmative action program,

including demonstrably successful goals, timetables,

and procedures to overcome labor force/work force dis

parities, serve a preventive purpose.

They tend to

mitigate against potential court litigation and fur

ther, they have been recognized by the courts as a

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