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EQUAL EMPLOYMENT OPPORTUNITY

required to develop a written affirmative action compliance program for each of his establishments within 120 days from the commencement of his first such Government contract or subcontract. An acceptable affirmative

include:

action program for contractors shall

(i) An analysis of areas in which the contractor is deficient in the utilization of minorities (groups and women (41 CFR 60-2.10));

(ii) An analysis of all major job classifications at the facility, using the eight factors listed in 41 CFR 6^ -2.11 (a) (1) (i) through (viii), and (a) (2) (i) through (viii), with explanations if minorities women are currently being underutilized in any one or more joh classifications;

(iii) Support data for the analysis provided by (i) and (ii) above (41 CFR 60-2.12(i); and

(iv) The ten program ingredients listed under 41 CFR 6 -2.13 (a) through (j), and goals and timetables (41 CFR 6^-2.12 (a)) correct the deficiencies and thus to increase materially the utilization of minorities and women at all levels and in all segments of the contractor's work force where deficiencies exist (41 CFR. 6o-2.10).

or

12.807-2 Construction Contracts. An acceptable affirmative action program for construction contractors shall meet the requirements of plans directed for application to specified areas or projects. Such plans may require prospective contractors on projects in certain geographic areas to state, in their bids proposals, percentage goals for minority employment which they will endeavor to meet during contract performance. Local plans which have been approved and issued will be listed in Procurement Regulation Directives. Such plans will be sent to the principally affected procurement offices. Any other procurement office contemplating a involving construction in excess of $10,000 within geographic areas covered by an approved plan shall request instructions prior to issuance of a solicitation. Such requests shall be forwarded to the installation CEO cf fice.

procurement

12.808 Compliance Review and Clearances.

12.808-1 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

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employees are placed, trained, upgraded, promoted, and ctherwise treated during employment, without regard to race, color, religion, sex or national origin. The review shall include an evaluation of the contractor's Affirmative Action Program (AAP) as well as a sufficient examination of his practices and employment statistics to ensure that his program identifies any deficiencies which may exist and that the programs's goal and timetables established for their correction are realistic in accordance with 41 CFR, Chapter 60. Responsibility for the conduct of compliance reviews has been assigned by the Director, Office of Federal Contract Compliance, to various Government agencies. Except where the compliance responsibility has been assigned to a department or agency other than NASA, the installation CEO office shall have the primary responsibility for the conduct of compliance reviews in accordance with the quidelines of the Director, OFCC. NASA shall also conduct compliance reviews in accordance with any special request or instructions of the Director, OFCC. Compliance reviews may also be conducted by the Director, OFCC. Compliance reviews shall be conducted by qualified specialists assigned to the equal opportunity program function.

12.808-2 Contracting Officers' Responsibility for Clearance (Excluding Construction).

(a) Procurement Actions of $1,000,000 or more.

(1) Prime Contract Clearance. Except as provided in (d) (2) below, the contracting officer shall request the installation CEO office to determine whether a company is in compliance and the company therefore is eligible for award, prior to effecting any procurement action (including awards and modifications of indefinite quantity and requirements type contracts or execution, extension or continuation of basic ordering agreements) which obligates $1,000,000 or more, or is expected to result in an aggregate obligation of $1,000,000 or

nore.

(2) Subcontract Clearance. Clearance shall be obtained prior to the award of any first-tier subcontract in an estimated or actual amount of $1,000,000 or more when such subcontract requires the contracting officer's consent or would require such consent were it not for an approved purchasing system (seg 23.201).

(b) Contracts Between $10,000 and $1,000,000. In de termining the contractor's responsibility for award of a contract in an estimated or actual amount between

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$10,000 and $1,000,000, the contracting officer learns ΟΙ has reason to believe because of information from Government sources or from the offeror (see 12.806(b)) that the prospective contractor is currently in violation of the Equal Opportunity clause, or has not developed an acceptable affirmative action program at each of his establishments, award shall be made only after ascertaining that the company is no longer in noncompliance and is, therefore, eligible for award. The contracting officer will request any clearance from the installation CEO office at least 30 calendar days prior to the proposed contract award date. The CEO referral of the request for clearance to the compliance agency and the clearance may be made by telephone or other informal means subject to confirmation in writing. Award may also be made, notwithstanding the company's failure to have developed and acceptable affirmative action program, if the contracting officer determines that the proposed contract is for less than $50,000 or that the company has fewer than 50 employees and, in either case, has not previously been required to develop an affirmative action program.

(c) Procedures for Requesting Preaward Clearance for Contracts of $1,000,000 or More.

(1) The contracting officer shall request preaward clearance for the prime contract and all known firsttier subcontracts of $1,000,000 or more from the CEO office of the installation awarding the prime contract or where the contract is to be performed. When NASA is not the compliance agency, the CEO office of the NASA installation shall make the necessary referral and inform the contracting officer. When it is necessary to make the request by telephone, written confirmation shall follow.

(2) When the contract work is to be performed outside the United States with employees recruited within the United States, the preaward review should be requested from the CFO office of the installation making the award. The CEO office will refer the request to the compliance agency servicing the contractor's corporate home or branch office within the United States, or the corporate location where personnel recruiting is handled, if different from the foregoing. In cases where the proposed contractor has nc corporate office or location within the United States, the pre award action should be based on the location of the recruiting agency, as defined in 12.802 (j), in the United States.

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(3) When the office shall contact the Headquarters compliance agency is unknown, the CEO

CEO

office by as to the appropriate

telephone for

information

compliance agency.

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(4) In making a request for formal preaward clearance, the contracting officer shall furnish the following information:

(i) name and address of the prospective prime contractor, any corporate affiliate thereof at which work is to be performed, and each known firsttier subcontractor with a proposed subcontract estimated at $1,000,000 or more, including, if known, the Standard Industrial Classification (SIC) code of the contractor establishment(s);

(ii) anticipated date of contract award;

(iii) information as to whether the prime contractor and known firsttier subcontractor have previously held any Government contracts or subcontracts or Federally assisted construction contracts;

(iv) information as to whether the prime contractor has previously filed Employer Information Report SF-100;

(v) place or places of performance of the prime and first-tier subcontracts estimated at $1,000,000 or more, if known;

(vi) the anticipated dollar category for the prime and each subcontract, as follows:

Category A, $1,000,000 up to and including $2,000,000;

Category B, between $2,000,000 and up to and including $50,000,000; Category C, over $50,000,000; and

(vii) when the request is for formal clearance of a proposed award under $1,000,000, the source and nature of the information causing the contracting officer to seek preaward clearance.

(d) Time for Requesting Preaward Clearance.

(1) The contracting officer shall request a formal preaward clearance as soon as it is reasonably certain who the successful contractor will be, soas to provide as much time as possible prior to award for the CEO office or the compliance agency to conduct necessary reviews. Except as provided in (2) below, formal preaward clearance shall be requested at least 30 calendar days prior to the proposed contract award date. If the CEO office is unable to provide a compliance review of the prospective prime contractor and obtain necessary clearance for first-tier subcontractors within the time requested, the CEO office shall advise the contracting officer within 5 working days of receipt of the request of the estimated time required. Additional time shall be granted to the CEO office unless award is authorized in accordance with (2) below.

(2) When the procedures specified in (1) above would delay award of a contract beyond the time necessary for the Government to make awards or beyond the time specified in the bid or proposal or extension thereof, the contracting officer shall immediately inform the CEO office as to the expiration date of the bid or proposal or the required date of award and request clearance be provided prior to that date. If the CEO office advises that a compliance review cannot be completed by the required date, the head of the installation or his designee may authorize the contracting officer to (i) make the award, (ii) immediately inform the CEO office and (iii) request a postaward review in accordance with 12.808-3(d).

12.808-3 CEO Responsibility for Preaward Compliance Actions.

(a) The Director, Contractor Equal Opportunity Division, NASA Headquarters, (Code UC) is responsible for making the determination of eligibility for award as soon as possible regarding all formal preaward clearances requested in accordance with 12.808-2(c).

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