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Edgewater Creek Bridge Replacement November 2023 42 the Contractor. The obligation to comply, however, is the Contractor's and failure of 1 such a group to fulfill an obligation shall not be a defense for the Contractor's 2 noncompliance. 3 4 9. A single goal for minorities and a separate single goal for women have been 5 established. The Contractor, however, is required to provide equal employment 6 opportunity and to take affirmative action for all minority groups, both male and 7 female, and all women, both minority and non-minority. Consequently, the Contractor 8 may be in violation of the Executive Order if a particular group is employed in 9 substantially disparate manner (for example, even though the Contractor has 10 achieved its goals for women generally, the Contractor may be in violation of the 11 Executive Order if a specific minority group of women is underutilized). 12 13 10. The Contractor shall not use the goals and timetables or affirmative action standards 14 to discriminate against any person because of race, color, religion, sex, or national 15 origin. 16 17 11. The Contractor shall not enter into any subcontract with any person or firm debarred 18 from Government contracts pursuant to Executive Order 11246. 19 20 12. The Contractor shall carry out such sanctions and penalties for violation of these 21 specifications and of the Equal Opportunity Clause, including suspensions, 22 terminations and cancellations of existing subcontracts as may be imposed or 23 ordered pursuant to Executive Order 11246, as amended, and its implementing 24 regulations by the Office of Federal Contract Compliance Programs. Any Contractor 25 who fails to carry out such sanctions and penalties shall be in violation of these 26 specifications and Executive Order 11246, as amended. 27 28 13. The Contractor, in fulfilling its obligations under these specifications, shall implement 29 specific affirmative action steps, at least as extensive as those standards prescribed 30 in paragraph 7 of this Special Provision, so as to achieve maximum results from its 31 efforts to ensure equal employment opportunity. If the Contractor fails to comply with 32 the requirements of the Executive Order, the implementing regulations, or these 33 specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 34 35 14. The Contractor shall designate a responsible official to monitor all employment 36 related activity to ensure that the company EEO policy is being carried out, to submit 37 reports relating to the provisions hereof as may be required by the government and 38 to keep records. Records shall at least include, for each employee, their name, 39 address, telephone numbers, construction trade, union affiliation if any, employee 40 identification number when assigned, social security number, race, sex, status (e.g., 41 mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours 42 worked per week in the indicated trade, rate of pay, and locations at which the work 43 was performed. Records shall be maintained in an easily understandable and 44 retrievable form; however, to the degree that existing records satisfy this requirement, 45 the Contractors will not be required to maintain separate records. 46 47 15. Nothing herein provided shall be construed as a limitation upon the application of 48 other laws which establish different standards of compliance or upon the application 49 of requirements for the hiring of local or other area residents (e.g., those under the 50 Public Works Employment Act of 1977 and the Community Development Block Grant 51 Program). 52
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