tion by including it in any policy manual; by publicizing it in company newspapers, annual reports, etc.; by conducting staff, employees, and union representatives' meetings to explain and discuss the policy; by posting the policy; and by specific review of the policy with minority employees.

(6) Dissemination of the contractor's EEO policy externally and discussions of it with all recruitment sources; advertising in news media specifically including minority news media; and by notification and discussion of the policy with all subcontractors and suppliers.

(7) Making specific and constant personal (both oral and written) recruitment efforts directed at all minority organizations, schools with minority students, minority recruitment organizations and minority training organizations, within the contractor's recruitment area.

(8) Making specific efforts to encourage present minority employees to recruit their friends and relatives.

(9) Validating all employment specifications, selection requirements, tests, and the like.

(10) Making every effort to promote after school, summer, and vacation employment to minority youths.

(11) Developing on-the-job and participating and assisting in any association or employee-group training programs relevant to the contractor's employee needs consistent with its obligations under this part.

(12) Continual inventorying and evaluating all minority personnel for promotion opportunities and encouraging minority employees to seek such opportunities.

(13) Making sure that seniority practices, job classification, etc., do not have discriminatory effect.

(14) Making certain that all facilities and company activities are nonsegregated.

(15) Continuously monitoring all personnel activities to ensure EEO policy implementation.

(16) Circularizing minority contractor associations and soliciting subcontract work from available minority contractors, and maintaining a file of such effort, including explanations,

when qualified, interested contractors are not engaged.

(c) The goal of the affirmative action required herein is insurance of equal employment opportunity. It is recognized that achievement of this goal and appraisal of effort to achieve it pose special problems for construction contractors because of the temporary and shifting nature of the employer-employee relationship in the construction industry, varying labor market conditions, and varying local contracting practices. Still, there are parameters by which effort and achievement can be evaluated. Where a contractor employs no minorities in his entire workforce, a legitimate presumption arises that the contractor has taken no affirmative action to ensure equal employment opportunity as herein required. The burden of refuting this presumption rests with the contractor. Similarily, if the only minorities a contractor employs are in the unskilled trades of his workforce, a legitimate presumption arises that the contractor has taken no affirmative action to ensure equal employment opportunity in his skilled trade workforce. Again the burden of refuting the presumption rests with the contractor. On the other hand, if a contractor employs minorities in every trade of his workforce and maintains such employment among the trades over the entire life of his contract, a legitimate presumption arises that the contractor has taken affirmative action to achieve equal employment opportunity. The burden of refuting this presumption rests with the Agency.

(d) In connection with evaluating a contractor's affirmative action effort, it shall be no excuse that any union with which a contractor has a collective bargaining agreement providing for exclusive referral fails to refer minority employees. Discrimination in referral for employment, even if pursuant to provisions of a collective bargaining agreement, is prohibited by the National Labor Relations Act and Title VII of the Civil Rights Act of 1964. The fact that a contractor has delegated the responsibility for some of his employment practices to another organization or agency and that

the delegatee organization or agency prevents the contractor from meeting his affirmative action EEO obligations pursuant to the Order does not vitiate the contractor's basic responsibilities under the Order.

(e) Where review of a contractor's workforce discloses an absence of minority employees among all trades, or a disproportionate representation of minorities in the workforce from what reasonably might be expected from the availability of such employees in the serving labor market area, the contractor will be called upon to show what affirmative good faith efforts he has made to ensure equal employment opportunity in his workforce. In this connection, good faith efforts shall be defined as: Contractor's efforts demonstrated by documentation showing his communications with minority community organizations having knowledge of the availability of minority workers or the ability to refer minorities for work. Such organizations shall include but not be limited to the organizations listed under § 8.8(b)(1). An additional ingredient of acceptable good faith efforts by a contractor is any effort made to obtain minority subcontractors for any portion of the

work subcontracted.

(f) As evidence of his understanding of and agreement with the affirmative action requirements herein, each bidder on construction contracts where the bid is $500,000 or more shall file a signed certification with his bid acknowledging his understanding of the affirmative action requirements herein and certifying his agreement to make a good faith effort to achieve and maintain equal employment opportunity in the workforce under this contract through affirmative actions as herein specified. The certification also shall contain an estimate prepared by the bidder identifying the trades expected to be used in construction of the contract being bid; an estimate of the total manhours of work to be utilized by each trade in the performance of the contract; and, if determinable, an estimate of the minority manhours of work to be utilized in each trade. The certification also shall contain an undertaking by the bidder that he will obtain from each of his

subcontractors a subcontractor's certification required by these regulations. The completed certification must be signed by an official of the bidder capable of binding the company and be filed with the bid as part of the bid.

(g) Prior to award of any subcontract for $100,000 or more for work under a construction contract for $500,000 or more, regardless of tier, the prospective subcontractor must execute and submit to the prime contractor a certification acknowledging his understanding of the affirmative action requirements herein and certifying his agreement to make a good faith effort to achieve and maintain equal employment opportunity in the workforce under his subcontract through affirmative actions as herein specified. The certification also shall contain an estimate prepared by the bidder identifying the trades expected to be used in the work performed under the subcontract; an estimate of the total manhours of work to be utilized by each trade in the performance of the work; and, if determinable, an estimate of the minority manhours of work to be utilized in each trade. The certification also shall contain an undertaking by the subcontractor that he will obtain a certification as required herein from each of his subcontractors and submit it to the prime contractor prior to award of such subcontract. The completed and signed subcontractor's certification shall be made a part of the subcontract to which it applies. Any subcontract subject to these requirements which is executed without incorporation of a signed and completed subcontractor's certification shall be ineligible for Agency financial assistance.

(h) Notwithstanding the express exclusion authorized herein, bidders on contracts where the bid is less than $500,000-but in no event below $10,000-may be required to file certifications as described above with their bids whenever circumstances with respect to particular construction or labor market areas make it necessary in the interests of assuring compliance with the requirements of the Order. Subcontractors under such contracts shall be required to file certifications as required herein.

(i) When pursuant to these regulations, submission of a certification is required to be made with bids or proposals for contracting, standards for such certification shall be incorporated in the bid invitations or requests for proposals issued in connection with such contracts.

(j) Where pursuant to § 8.8(a) or § 8.8(b) of these regulations, bidders are required to submit certifications, written and signed affirmative action plans, goals and timetables for minority manpower utilization, or other documents with their bids, such material must be completed in detail exactly as prescribed and be received prior to bid opening. Failure to submit the material prior to bid opening shall render the bid non-responsive insofar as compliance with Agency equal employment opportunity requirements is concerned. Determinations on the question of responsiveness of bids insofar as filing of the required equal employment opportunity submissions described above are concerned shall be made by the Agency.

§ 8.9 Award of contracis.

(a) Nonconstruction contracts of $1 million or more. The Contracting Officer shall notify the ADCCO of the proposed contracting. No award shall be made by the Contracting Officer until contract compliance clearance has been received from the ADCCO.

(1) If EPA is the Compliance Agency for the industry concerned in the proposed contracting, the ADCCO will refer the contracting information to the appropriate individual on his staff for the Preaward Equal Opportunity Compliance Review required

by

§ 8.6(a). Directions and advice respecting contract compliance clearance for the proposed contracting will be forwarded to the Contracting Officer by the ADCCO within 30 days following receipt of the contracting information.

(2) If any agency other than EPA is the Compliance Agency for the industry concerned, the ADCCO shall notify the designated Compliance Agency and request it to take appropriate action and make appropriate findings in accordance with § 8.6(a) of these regulations within 30 days following receipt of the ADCCO's re

quest. Replies from the Compliance Agency will be transmitted to the Contracting Officer by the ADCCO.

(b) Nonconstruction contracts of less than $1 million. Except for special situations where the Agency believes a prospective contractor or subcontractor is unable or unwilling to comply with the requirements of the equal opportunity clause, as provided for in § 8.6(a) herein, preaward compliance reviews are not required for nonconstruction contracts of less than $1 million.

(c) Construction contracts in areas designated by the Office of Federal Contract Compliance for special compliance attention under Federal and locally established and approved Compliance Plans. The Contracting Officer or approving official shall notify the appropriate Regional DCCO of the proposed contracting. The Regional DCCO shall carry out the duties prescribed for contracting agencies by the rules, regulations, guidelines, and procedures promulgated by the Office of Federal Contract Compliance for the affected area. No award shall be made or approved by the Contracting Officer or approving official until contract compliance clearance has been received from the Regional DCCO.

(d) Construction contracts in areas other than those designated by the Office of Federal Contract Compliance for special compliance attention under Federal or locally established and approved Compliance Plans. The Contracting Officer or approving official shall notify the appropriate Regional DCCO of the proposed contracting. The Regional DCCO shall inform the Contracting Officer or approving official of the EPA requirements respecting the proposed contracting. No award shall be made or approved by the Contracting Officer or approving official until contract compliance clearance has been received from the Regional DCCO.

§ 8.10 Participation in areawide equa! employment opportunity program.

Any contractor who is a participant in, or is a member of an organization or association which participates in, an areawide equal employment opportu

nity program which is approved by the Agency and the Office of Federal Contract Compliance for the purpose of effectuating the goals of Executive Order 11246, may be deemed to be in compliance with the Order by virtue of such participation and shall be exempt from the requirement of developing and maintaining a written affirmative action program, unless required to do so under the areawide equal employment opportunity program.

§ 8.11 Reports and other required information.

(a) Requirements for prime contractors and subcontractors. (1) Each prime contractor with the Agency shall file, and each such prime contractor shall cause its subcontractors to file, annually, on or before the 31st day of March, complete and accurate reports on Standard Form 100 (EEO1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or such form as may hereafter be promulgated in its place if such prime contractor or subcontractor (i) is not exempt from the provisions of the "rules, regulations, and relevant orders of the Secretary of Labor" in accordance with 41 CFR 60-1.5; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a nonexempt contract, subcontract or purchase order "amounting to $50,000 or more" according to 41 CFR 60-1.7, or serves as a depository of Government funds, or is a financial institution which is an issuing and paying agency for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first-tier which performs construction work at the site of construction shall be required to file such a report if it meets requirements of paragraphs (a)(1) (i), (ii), and (iv) of this section.

(2) Each person required by paragraph (a)(1) of this section to submit reports shall file such a report with the Agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Sub

sequent reports shall be submitted annually in accordance with paragraph (a)(1) of this section, or at such other intervals as the CCO or the Director may require. The Agency, with the approval of the Director may extend the time for filing any report.

(3) The Director, the CCO, or the applicant, on his own motion, may require a prime contractor or subcontractor to keep employment or other records and to furnish, in the form requested, within reasonable limits, such information as the Director, CCO, or the applicant deems necessary for the administration of the order.

(4) Failure to file timely, complete and accurate reports as required constitutes noncompliance with the prime contractor's or subcontractor's obligations under the equal opportunity clause and is ground for the imposition by the Agency, the Director, an applicant, prime contractor or subcontractor, of any sanctions as authorized by the Order and the rules, regulations and relevant orders of the Secretary of Labor. Any such failure shall be reported in writing to the Director by the CCO as soon as practicable after it occurs.

(b) Requirements for bidders or prospective contractors—(1) Previous reports. Each bidder or prospective prime contractor and proposed subcontractor, where appropriate, shall state in the bid or in writing at the outse of negotiations for the contract:

(i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to 41 CFR Part 60-2;

(ii) Whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and

(iii) If so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements.

(2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the CCO, the DCCO, or the Director requests prior to the award of the contract or subcontract. When a determi

nation has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the Agency, the applicant, or the Director requests.

(c) Use of reports. Reports filed pursuant to this section shall be used only in connection with the administration of the Order and the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act.

§ 8.12 Compliance reviews.

(a) General. The purpose of a compliance review is to determine if the prime contractor or subcontractor maintains nondiscriminatory hiring and employment practices and is taking affirmative action to ensure that applicants are employed and that employees are placed, trained, upgraded, promoted, and otherwise treated during employment without regard to race, color, religion, sex, or national origin. It shall consist of a comprehensive analysis and evaluation of each aspect of the aforementioned practices, policies, and conditions resulting therefrom. Where necessary, recommendations for appropriate sanctions shall be made. Where deficiencies are found to exist, reasonable efforts shall be made to secure compliance through conciliation and persuasion. Before the contractor can be found to be in compliance with the Order and these regulations, it must make a specific commitment, in writing, to correct any such deficiencies. The commitment must include the precise action to be taken and dates for completion. The time period allotted shall be no longer than the minimum period necessary to effect such changes. Upon approval of the commitment by the CCO, the ADCCO, the appropriate DCCO, or the Administrator, the contractor may be considered in compliance, on condition that the commitments are faithfully kept. The contractor shall be notified that making such commitments does not preclude future determinations of noncompliance based on a finding that the commitments are not sufficient to achieve compliance.

(b) Regular compliance reviews. Each DCCO shall institute a program

of regular compliance reviews of those contractors and subcontractors for which he is assigned responsibility.

(c) Special compliance reviews. A special compliance review of bidders, applicants, offerors, contractors, or subcontractors will be conducted at the request of the CCO or the Director to determine compliance or ability to comply with the order, the rules, regulations and relevant orders of the Secretary of Labor, these rules and regulations and directives issued pursuant to each of the above.

(d) Reports (1) Regular compliance review reports. A report of each compliance review shall be forwarded to the CCO within 30 days after the regular review is conducted unless otherwise provided.

(2) Special compliance review reports. A special compliance review report shall be provided to the CCO or the Director, OFCC, as directed.

(3) Preaward compliance review report. A written report, including findings, of every preaward compliance review required by the rules, regulations, and relevant orders of the Secretary of Labor, or otherwise required by the Director, will be forwarded to the Director by the CCO within 10 days after the award for a post-award review.

(4) Additional reports. A written report of every other compliance review or any other matter processed by the Agency involving an apparent violation of the equal opportunity clause shall be submitted to the Director. Such report shall contain a brief summary of the findings, including a statement of conclusions regarding the contractor's compliance or noncompliance with the requirements of the order, and a statement of the disposition of the case, including any corrective action taken or recommended and any sanctions or penalties imposed or recommended.

§ 8.13 Complaint procedure.

(a) Who may file complaints. Any interested party, including but not limited to any employee with such contractor may, by himself or by an authorized representative, file in writing a complaint of alleged discrimination in