3B01 Required Bid Solicitation Notice and Contract Specifications for Construction Contracts

Bid solicitations for all federal and federally assisted construction contracts in excess of $10,000 must include the “Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)” found at 41 CFR 60-4.2(d) and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)” found at 41 CFR 60-4.3(a).

The “Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)” (referred to in this chapter as the “Notice”) sets forth the goals for minority and female participation in construction trades in covered areas, identifies the covered areas and requires that contractors provide OFCCP with written notice about construction subcontracts in excess of $10,000 that are awarded in connection with the covered contract. In addition, the Notice must be included in:

• Grants, contracts, subcontracts, loans, insurance or guarantees involving federally assisted construction covered by Part 60-4 as a condition of these agreements; and
• Construction contracts and subcontracts that are necessary in whole or in part to the performance of a covered nonconstruction contract.

The “Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)” (referred to in this chapter as the “Specifications”) describe the affirmative action obligations and detail the specific affirmative action steps construction contractors must implement to ensure equal employment opportunity. The Specifications must be in:

• Solicitations for offers and bids on all federal and federally assisted construction contracts in excess of $10,000 in accordance with 41 CFR 60-4.6;
• Grants, contracts, subcontracts, loans, insurance or guarantees involving federally assisted construction covered by 41 CFR Part 60-4, as a condition of these agreements;
• Federal and federally assisted construction contracts in excess of $10,000 in accordance with 41 CFR 60-4.6; and
• Construction subcontracts in excess of $10,000 that are necessary in whole or in part to the performance of nonconstruction federal contracts and subcontracts.177

By operation of the Executive Order, the Notice and the Specifications discussed in this section are deemed to be incorporated in every solicitation and every covered contract and subcontract. This is true whether or not they are expressly incorporated in the solicitation or contract, and whether or not the contract is written.178