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Enclosed are just two photostats of forms generated under Executive Order no. 11246 requiring all firms to get certification from suppliers on compliance with various requirements of the Equal Employment Act.
We are only a small business yet we have to fill out several hundred of these forms a year or we are dropped from bidding lists.
Just imagine the tons of paper and hours of time involved in this giant paper shuffling venture. I doubt the millions of dollars cost which is added into the cost of doing business and the extra costs paid by the end user (the consumer) are warranted.
Really, all this paperwork smacks of a "make work" venture in some bureaucracy. It is highly doubtful it accomplishes any greater compliance with the law.
Factories at Hartwell, Ga. — Lawrence, Mass. — Sutton, P. Q. Canada
December 30, 1975
E-B Industries, Inc., its divisions and subsidiaries is required to comply fully with Executive Order No. 11246, as Amended, relating to Equal Employment Opportunity and Non-Segregated Facilities Title 20, of the Code of Federal Regulations, Part 741 relating to Employment of the Handicapped, 41 C.F.R., Part 50-250 relating to Employment of Disabled Veterans and Veterans of the Viet Nam era, and 41 C.F.R. Sub-Part 1-1.13 relating to Utilization of Minority Business Enterprises. Pursuant to the foregoing Order and Regulations, we must secure from our major suppliers of materials and/or services certification of the provisions embodied herein.
Since it would be difficult to determine in advance whether particular supplies will be used for Government Contracts, we are asking all of our sellers to agree that the provisions
a part of all purchase orders and contracts between our. companies. Please sign the enclosed certification confirming that you accept the above-mentioned provisions and return it to us. If you believe that you are exempt from any of the clauses, would you please send us a letter stating the facts which you base your exemption claims.
Very truly yours,
2. G. Celikams
660 Hopmeadow Street Simsbury, Connecticut 06070 Phone 203 / 658.4411
B-B INDUSTRIES, INC., ITS DIVISIONS AND SUBSIDIARIES
660 Hopmeadow Street Simsbury, Connecticut 060 70
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
As used in this certificate the word "Contract" shall mean either "Contract, "Order" or "Subcontract. The word "Contractor" shall mean either "Contractor, " "Seller" or "Subcontractor."
The undersigned Contractor certifies the following to E-B Industries, its divisions and subsidiaries:
That if the Contractor has participated in a previous contract subject to the rules and
During the performance of any Contract placed with him by E-B Industries, Inc., its subsidiaries and divisions, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, sex, creed, color or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, creed, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertisingi layoff or 'termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting Officer setting forth the provisions of this non-discrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, creed, color or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective Bargaining Agreement or other contract or understanding, a notice, to be provided by the Agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order Number 11246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous places available to employees and to applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order Number 11246 of September 24, 1965, as amended, and with the rules, regulations, and relevant orders of The Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order Number 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Contracting Agency and The Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts in accordance with procedures authorized in Executive Order Number 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order Number 11246 of September 24, 1965 as amended, or by 'rule, regulation, or order of The Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraph (1) through (7) in every Subcontract or Purchase Order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order Number 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each Subcontractor or Vendor. The Contractor will take such
action with respect to any Subcontract or Purchase order as the contracting Agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or Vendor as the result of such direction by the contrasting Agency, the contractor may request The United States to enter into such litigation to protect the interest of the United States.
Contractor's attention is directed to Section 60-1.40 of Title 41 of the Code of Federal Regulations, related to Affirmative Action Compliance Programs, and applying to each Subcontractor with a Subcontract of $50,000 or more and 50 or more employees. Contractor certifies that he has developed and has on file at each of his establishments a written Affirmative Action Compliance Program, as is called for in Section 60-1.40 of and pursuant to Part 60-2 of Title 41 of Code of Federal Regulations, and that such Affirmative Action Compliance Program is current, or if it is not, within 120 days after receipt of any order, the undersigned firm agrees to develop and maintain a written Affirmative Action Compliance Program, for each of his facilities unless such firm is not required by law or regulation to develop such program.
The Contractor certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any locations, under its control, where segregated facilities are maintained. The bidder, offerer, applicant, or Subcontractor agrees that a breach of this Certification is a violation of the Equal Opportunity Clause of any Contract placed with it. As used in this Certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees, which are segregated by explicit directive or in fact segregated on the basis of race, religion, sex, creed, color or national origin because of habit, local custom or otherwise. It further agrees that (except where it has obtained identical Certifications from proposed Subcontractors for specific time periods) it will obtain identical Certification from proposed Subcontractors prior to the award of Subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that it will retain such certification in its file; and that it will forward the following notice to such proposed Subcontractors (except where the proposed Subcontractors have submitted identical Certification for specific time periods) :
"NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON-SEGREGATED FACILITIES:
A Certificate of Non-segregated Facilities, as required by the May 9, 1967, Order of Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, May 19, 1967) must be submitted prior to the award of a Subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Certification may be submitted either for each Subcontract or for all subcontracts during a period (i.e., quarterly, semi-annually, or annually). (1968 MAR) (Note: the penalty for making false statements in offers is prescribed in 18 U.S.c. 1001)."
(1) It is the policy of the Government that Minority Business Enterprises shall have the maximum practicable opportunity to participate in the performance of Government Contracts. (2) The Contractor agrees to use his best efforts to carry out this policy in the award of his Subcontracts to the fullest extent consistent with the efficient performance of the Contract. As used in the Contract, the term "Minority Business Enterprise" means a business, at least 50% of which is owned by minority group members or, in the case of publicly owned businesses, at least 51% of the stock of which is owned by minority group members. For the purpose of this definition, minority group members are Negroes, Spanish-speaking American persons, American-Orientials, American-Indians, American Eskimos and American Aleuts. Contractors may rely on written repre sentations by Subcontractors regarding their status as minority business enterprises in lieu of an independent investigation.
As provided by 41CFR 50-250, the Contractor agrees that all employment openings of the Contractor which exist at the time of execution of this contract and those which occur during the performance of this contract, including those not generated by the contract and including those occurring at an establishment of the Contract or other than wherein the Contract is being performed and excluding those of independently operated Corporate affiliates, shall, to the maximum extent feasible, be offered for listing at an appropriate local office of the Federal-State Employment Service System wherein the opening occurs, and to provide such periodic reports to such office regarding employment openings and hires as may be required: Provided, that this provision shall not apply to openings which the contractor fills from within the contractor's organization or are filled pursuant to a customary and traditional employer-union hiring arrangement and that the listing of employment opportunities shall involve only the normal obligations which attach to the placing of job orders.
The Contractor agrees further to place the above provision in any Subcontract directly under this Contract.
It is further agreed that the following provision, set forth in Section 503 of the Rehabilitation Act of 1973, is made a part of any existing or future Contract between the contractors: The Contractor certifies that, in employing persons to carry out Contracts entered into with E-B Industries, Inc., its divisions and subsidiaries, it will take affirmative action to employ and advance in employment qualified handicapped individuals, defined as "any individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment." Contractor further certifies that it will obtain identical certifications from proposed Subcontractors prior to the award of Subcontracts exceeding $2,500 covering the procurement of personal property and non-personal services (including construction). These Certifications are effective for one year from the date found hereinafter.