[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: 41CFR60-2.14]

[Page 116]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60	2_AFFIRMATIVE ACTION PROGRAMS--Table of Contents
 
      Subpart B_Purpose and Contents of Affirmative Action Programs
 
Sec. 60-2.14  Determining availability.

    (a) Purpose: Availability is an estimate of the number of qualified 
minorities or women available for employment in a given job group, 
expressed as a percentage of all qualified persons available for 
employment in the job group. The purpose of the availability 
determination is to establish a benchmark against which the demographic 
composition of the contractor's incumbent workforce can be compared in 
order to determine whether barriers to equal employment opportunity may 
exist within particular job groups.
    (b) The contractor must separately determine the availability of 
minorities and women for each job group.
    (c) In determining availability, the contractor must consider at 
least the following factors:
    (1) The percentage of minorities or women with requisite skills in 
the reasonable recruitment area. The reasonable recruitment area is 
defined as the geographical area from which the contractor usually seeks 
or reasonably could seek workers to fill the positions in question.
    (2) The percentage of minorities or women among those promotable, 
transferable, and trainable within the contractor's organization. 
Trainable refers to those employees within the contractor's organization 
who could, with appropriate training which the contractor is reasonably 
able to provide, become promotable or transferable during the AAP year.
    (d) The contractor must use the most current and discrete 
statistical information available to derive availability figures. 
Examples of such information include census data, data from local job 
service offices, and data from colleges or other training institutions.
    (e) The contractor may not draw its reasonable recruitment area in 
such a way as to have the effect of excluding minorities or women. For 
each job group, the reasonable recruitment area must be identified, with 
a brief explanation of the rationale for selection of that recruitment 
area.
    (f) The contractor may not define the pool of promotable, 
transferable, and trainable employees in such a way as to have the 
effect of excluding minorities or women. For each job group, the pool of 
promotable, transferable, and trainable employees must be identified 
with a brief explanation of the rationale for the selection of that 
pool.
    (g) Where a job group is composed of job titles with different 
availability rates, a composite availability figure for the job group 
must be calculated. The contractor must separately determine the 
availability for each job title within the job group and must determine 
the proportion of job group incumbents employed in each job title. The 
contractor must weight the availability for each job title by the 
proportion of job group incumbents employed in that job group. The sum 
of the weighted availability estimates for all job titles in the job 
group must be the composite availability for the job group.