Overview
This section prescribes the specific solicitation provisions and contract clauses required to implement Executive Order 11246 and Equal Employment Opportunity (EEO) policies across various contract types and dollar thresholds. It ensures that contractors are notified of their obligations regarding non-segregated facilities, affirmative action, and compliance reporting.
Key Rules
- Mandatory Core Clauses: Whenever the Equal Opportunity clause (52.222-26) is required, the Contracting Officer must also include provisions regarding the prohibition of segregated facilities (52.222-21) and previous contract compliance reports (52.222-22).
- Construction Requirements: For construction contracts exceeding $10,000, the solicitation must include specific notices for affirmative action (52.222-23) and the clause for affirmative action compliance requirements (52.222-27).
- High-Value Compliance: Non-construction contracts expected to reach $10 million or more must include a provision for a pre-award on-site EEO compliance evaluation (52.222-24).
- General Affirmative Action: For non-construction contracts, the Affirmative Action Compliance provision (52.222-25) is required if the Equal Opportunity clause is included.
- Exemptions and Alternates: The Equal Opportunity clause (52.222-26) is mandatory unless the contract is fully exempt under E.O. 11246; if only partially exempt, "Alternate I" of the clause must be used.
- Foreign Performance: If a contractor performs work in or on behalf of a foreign country, the clause regarding notification of visa denials (52.222-29) must be included.
Practical Implications
- Threshold Monitoring: Contracting Officers must strictly monitor contract values—specifically the $10,000 threshold for construction and the $10 million threshold for non-construction—to ensure the correct compliance provisions are inserted.
- Pre-Award Readiness: For very large non-construction awards ($10M+), contractors should be prepared for potential EEO on-site evaluations as a condition of receiving the award.