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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,
The regulation was revised to include goals for
females on December 1, 1971.
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.
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
For each job group in which the job group and
availability analysis disclose underutilization,
goals and timetables are to be established.
utilization" is defined as having fewer minorities or
women in a particular job group than would be reason
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,
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.
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.
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