[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-2.1]

[Page 111-112]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60	2_AFFIRMATIVE ACTION PROGRAMS--Table of Contents
 
                            Subpart A_General
 
Sec. 60-2.1  Scope and application.




                            Subpart A_General

Sec.
60-2.1 Scope and application.
60-2.2 Agency action.

      Subpart B_Purpose and Contents of Affirmative Action Programs

60-2.10 General purpose and contents of affirmative action programs.
60-2.11 Organizational profile.
60-2.12 Job group analysis.
60-2.13 Placement of incumbents in job groups.
60-2.14 Determining availability.
60-2.15 Comparing incumbency to availability.
60-2.16 Placement goals.
60-2.17 Additional required elements of affirmative action programs.
60-2.18 Equal Opportunity Survey.

                         Subpart C_Miscellaneous

60-2.30 Corporate management compliance evaluations.
60-2.31 Program summary.
60-2.32 Affirmative action records.
60-2.33 Preemption.
60-2.34 Supersedure.
60-2.35 Compliance status.

    Authority: E.O. 11246, 30 FR 12319, and E.O. 11375, 32 FR 14303, as 
amended by E.O. 12086, 43 FR 46501.

    Source: 65 FR 68042, Nov. 13, 2000, unless otherwise noted.



    (a) General. The requirements of this part apply to nonconstruction 
(supply and service) contractors. The regulations prescribe the contents 
of affirmative action programs, standards and procedures for evaluating 
the compliance of affirmative action programs implemented pursuant to 
this part, and related matters.
    (b) Who must develop affirmative action programs. (1) Each 
nonconstruction contractor must develop and maintain a written 
affirmative action program for each of its establishments if it has 50 
or more employees and:
    (i) Has a contract of $50,000 or more; or
    (ii) Has Government bills of lading which in any 12-month period, 
total or can reasonably be expected to total $50,000 or more; or
    (iii) Serves as a depository of Government funds in any amount; or
    (iv) Is a financial institution which is an issuing and paying agent 
for U.S. savings bonds and savings notes in any amount.
    (2) Each contractor and subcontractor must require each 
nonconstruction subcontractor to develop and maintain a written 
affirmative action program for each of its establishments if it has 50 
or more employees and:
    (i) Has a subcontract of $50,000 or more; or
    (ii) Has Government bills of lading which in any 12-month period, 
total or can reasonably be expected to total $50,000 or more; or
    (iii) Serves as a depository of Government funds in any amount; or
    (iv) Is a financial institution which is an issuing and paying agent 
for U.S. savings bonds and savings notes in any amount.
    (c) When affirmative action programs must be developed. The 
affirmative action programs required under paragraph (b) of this section 
must be developed within 120 days from the commencement of a contract 
and must be updated annually.
    (d) Who is included in affirmative action programs. Contractors 
subject to the affirmative action program requirements must develop and 
maintain

[[Page 112]]

a written affirmative action program for each of their establishments. 
Each employee in the contractor's workforce must be included in an 
affirmative action program. Each employee must be included in the 
affirmative action program of the establishment at which he or she 
works, except that:
    (1) Employees who work at establishments other than that of the 
manager to whom they report, must be included in the affirmative action 
program of their manager.
    (2) Employees who work at an establishment where the contractor 
employs fewer than 50 employees, may be included under any of the 
following three options: In an affirmative action program which covers 
just that establishment; in the affirmative action program which covers 
the location of the personnel function which supports the establishment; 
or, in the affirmative action program which covers the location of the 
official to whom they report.
    (3) Employees for whom selection decisions are made at a higher 
level establishment within the organization must be included in the 
affirmative action program of the establishment where the selection 
decision is made.
    (4) If a contractor wishes to establish an affirmative action 
program other than by establishment, the contractor may reach agreement 
with OFCCP on the development and use of affirmative action programs 
based on functional or business units. The Deputy Assistant Secretary, 
or his or her designee, must approve such agreements. Agreements 
allowing the use of functional or business unit affirmative action 
programs cannot be construed to limit or restrict how the OFCCP 
structures its compliance evaluations.
    (e) How to identify employees included in affirmative action 
programs other than where they are located. If pursuant to paragraphs 
(d)(1) through (3) of this section employees are included in an 
affirmative action program for an establishment other than the one in 
which the employees are located, the organizational profile and job 
group analysis of the affirmative action program in which the employees 
are included must be annotated to identify the actual location of such 
employees. If the establishment at which the employees actually are 
located maintains an affirmative action program, the organizational 
profile and job group analysis of that program must be annotated to 
identify the program in which the employees are included.