EQUAL OPPORTUNITY CLAUSE. 16.1.1 During the performance of this contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. 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, color, religion, sex, sexual orientation, gender identity, or national origin. c. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. The Contractor will send to each labor union or representative of workers with which it 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 this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 g. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any 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 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The Contractor will include the provisions of paragraphs (1) through (8) 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 11246 of September 24, 1965, 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 may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 3 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
EQUAL OPPORTUNITY CLAUSE. 16.1.1 During the performance of this contractAgreement, the Contractor Consultant agrees as follows:
a. i. The Contractor Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, employment without regard to their race, color, religion, sex, sexual orientation, gender identifyidentity, or national origin. Such action shall include, but not be limited to, to the following: employmentEmployment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. ii. The Contractor Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the ContractorConsultant, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. iii. The contractor Consultant will not discharge discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's ’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's Consultant’s legal duty to furnish information.
d. iv. The Contractor Consultant will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers’ representative ' representatives of the ContractorConsultant’s commitments under this section 202 of Executive Order 11246 of September 24, 1965section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. v. The Contractor Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. vi. The Contractor Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. vii. In the event of the ContractorConsultant’s noncompliance with the nondiscrimination clauses of this contract or with any such of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. viii. The Contractor Consultant will include the portion of the sentence immediately preceding paragraph
(i) and the provisions of paragraphs (1i) through (8) vii) 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor Consultant will take such action with respect to any subcontract or purchase order as the administering agency may be directed by the Secretary of Labor direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, direction by the Contractor administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 2 contracts
Samples: Community Project Funding Administration Services Agreement, Grant Administration Services
EQUAL OPPORTUNITY CLAUSE. 16.1.1 I. During the performance of this contract, the Contractor contractor agrees as follows:
a. The Contractor contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, employment without regard to their race, color, religion, sex, sexual orientation, gender identifyidentity, or national origin. Such action shall include, but not be limited to, to the following: employmentEmployment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Contractor contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractorcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
d. The Contractor contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers’ representative ' representatives of the Contractor’s contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Contractor contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The Contractor contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Contractor’s contractor's noncompliance with the nondiscrimination clauses of this contract or with any such of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor contractor will take such action with respect to any subcontract or purchase order as the administering agency may be directed by the Secretary of Labor direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such directiondirection by the administering agency, the Contractor contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
II. Contractor agrees to include the equal opportunity clause above in each of its nonexempt subcontracts.
Appears in 2 contracts
Samples: Tourism Industry Recovery Agreement, Agreement for Services
EQUAL OPPORTUNITY CLAUSE. 16.1.1 (1) During the performance of this contract, the Contractor contractor agrees as follows:
a. (a) The Contractor contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, employment without regard to their race, color, religion, sex, sexual orientation, gender identifyidentity, or national origin. Such action shall include, but not be limited to, to the following: employmentEmployment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. (b) The Contractor contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractorcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. (c) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
d. (d) The Contractor contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers’ representative ' representatives of the Contractor’s contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. (e) The Contractor contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. (f) The Contractor contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. (g) In the event of the Contractor’s contractor's noncompliance with the nondiscrimination clauses of this contract or with any such of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. (h) The Contractor contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor contractor will take such action with respect to any subcontract or purchase order as the administering agency may be directed by the Secretary of Labor direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such directiondirection by the administering agency, the Contractor contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(2) Contractor agrees to include the equal opportunity clause above in each of its nonexempt subcontracts.
Appears in 1 contract
EQUAL OPPORTUNITY CLAUSE. 16.1.1 During the performance of this contract, the Contractor contractor agrees as follows:
a. 1. The Contractor contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identifyidentity, or national origin. Such action shall include, but not be limited to, to the following: employmentEmployment, upgrading, demotion, or transfer; , recruitment or recruitment advertising; layoff, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor 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 nondiscrimination clause.
b. 2. The Contractor contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractorcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
d. 4. The Contractor contractor will send to each labor union or representative of workers with which it 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 contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. 5. The Contractor contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. 6. The Contractor contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. 7. In the event of the Contractor’s noncompliance contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, terminated or suspended in whole or in part and the Contractor contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. 8. The Contractor will include contractor willinclude the provisions of paragraphs (1) through (8) in every inevery subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor contractor may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 1 contract
Samples: Addendum
EQUAL OPPORTUNITY CLAUSE. 16.1.1 During the performance of this contract, the Contractor Firm agrees as follows:
a. The Contractor Firm will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor Firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, employment without regard to their race, color, religion, sex, sexual orientation, gender identifyidentity, or national origin. Such action shall include, but not be limited to, to the following: employmentEmployment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, ·layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Contractor Firm will, in all solicitations or advertisements for employees placed by or on behalf of the ContractorFirm, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The contractor Firm will not discharge discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
d. The Contractor Firm will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers’ representative ' representatives of the Contractor’s Firm's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Contractor Firm will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity," and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The Contractor Firm will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Contractor’s Firm's noncompliance with the nondiscrimination clauses of this contract or with any such of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor Firm may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor Firm will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor Firm will take such action with respect to any subcontract or purchase order as the administering agency may be directed by the Secretary of Labor direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor a Firm becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, direction by the Contractor administering agency the Firm may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Appears in 1 contract
Samples: Service Agreement
EQUAL OPPORTUNITY CLAUSE. 16.1.1 During the performance of this contractAgreement, the Contractor Consultant agrees as follows:
a. i. The Contractor Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, employment without regard to their race, color, religion, sex, sexual orientation, gender identifyidentity, or national origin. Such action shall include, but not be limited to, to the following: employmentEmployment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. ii. The Contractor Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the ContractorConsultant, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. iii. The contractor Consultant will not discharge discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's ’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's Consultant’s legal duty to furnish information.
d. iv. The Contractor Consultant will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers’ representative ' representatives of the ContractorConsultant’s commitments under this section 202 of Executive Order 11246 of September 24, 1965section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. v. The Contractor Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. vi. The Contractor Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. vii. In the event of the ContractorConsultant’s noncompliance with the nondiscrimination clauses of this contract or with any such of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. viii. The Contractor Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (1i) through (8) vii) 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor Consultant will take such action with respect to any subcontract or purchase order as the administering agency may be directed by the Secretary of Labor direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, direction by the Contractor administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 1 contract
Samples: Grant Administration Services
EQUAL OPPORTUNITY CLAUSE. 16.1.1 During the performance of this contract, the Contractor J-U-B agrees as follows:
a. The Contractor (1) J-U-B will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor J-U-B will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, employment without regard to their race, color, religion, sex, sexual orientation, gender identify, identify or national origin. Such action shall include, but not be limited to, to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor J-U-B agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Contractor (2) J-U-B will, in all solicitations or advertisements for employees placed by or on behalf of the ContractorJ-U-B, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, , sexual orientation, gender identity, or national origin.
c. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
d. The Contractor (4) will send to each labor union or representative of workers with which it 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 this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Contractor (5) J-U-B will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The Contractor (6) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. (7) In the event of the ContractorJ-U-B’s noncompliance with the nondiscrimination 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 J-U-B may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor (8) J-U-B will include the provisions of paragraphs (1) through (8) 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor J-U-B will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that That in the event the contractor J-U-B becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor direction J-U-B may request the United States to enter into such litigation to protect the interests of the United States.
Appears in 1 contract
Samples: Professional Services
EQUAL OPPORTUNITY CLAUSE. 16.1.1 Section 202 of Executive Order 11246.
(a) During the performance of this contract, the Contractor Xxxxxxxxx agrees as follows:
a. The Contractor (i) Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor Developer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, employment without regard to their race, color, religion, sex, sexual orientation, gender identifyidentity, or national origin. Such action shall include, but not be limited to, to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor Xxxxxxxxx agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Contractor (ii) Developer will, in all solicitations or advertisements for employees placed by or on behalf of the ContractorDeveloper, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The contractor (iii) Developer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's Developer’s legal duty to furnish information.
d. The Contractor (iv) Developer will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers’ representative ' representatives of the ContractorDeveloper’s commitments under this section 202 of Executive Order 11246 of September 24, 1965section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Contractor (v) Developer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The Contractor (vi) Developer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 thethe administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. (vii) In the event of the ContractorDeveloper’s noncompliance with the nondiscrimination clauses of this contract or with any such of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor Developer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor (viii) Developer will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 11246 of September 24, 1965, so that such provisions will be binding upon the General Contractor and each subcontractor or vendor. The Contractor Developer will take such action with respect to any subcontract or purchase order as the administering agency may be directed by the Secretary of Labor direct as a means of enforcing such provisions, including sanctions for noncompliance: Providedprovided, however, that in the event the contractor a Developer becomes involved in, or is threatened with, litigation with the General Contractor, a subcontractor subcontractor, or a vendor as a result of such directiondirection by the administering agency, the Contractor Developer may request the United States to enter into such litigation to protect the interests of the United States.
(b) Xxxxxxxxx further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
(c) Xxxxxxxxx agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the General Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
(d) Xxxxxxxxx further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Xxxxxxxxx agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(e) Developer hereby agrees that it will incorporate or cause to be incorporated into any contract or subcontract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, this provisions of this Section 3 of Exhibit M.
Appears in 1 contract
Samples: Development and Loan Agreement