Contractor and DOL FAQ’S
2. What is the difference between a direct federal construction contract and a federally-assisted construction contract?
Adirect federal construction contractis an agreement or modification to an agreement entered intodirectly with the federal governmentthrough one of its agencies for the purchase, sale or use of personal property or nonpersonal services, where the term “nonpersonal services” includes construction services. For example, a construction contract awarded by the General Services Administration to build a federal courthouse would constitute a direct federal construction contract.
Afederally–assisted construction contractis any agreement or modification which is paid for in whole or in part with funds obtained from the federal government but where the government is not a party to the construction contract. Federally–assisted contracts could be funded through, for example, a federal grant, contract, loan, insurance or guarantee. An example of a federally–assisted construction contract could be a contract to build highways or bridges that is funded by federal grants to state Departments of Transportation.
Executive Order 11246 applies to both direct federal construction contracts and federally assisted construction
6. If a contractor fails to meet its participation goals, is it in violation of Executive Order 11246?
Not necessarily. Contractors must engage in outreach and other good faith efforts to broaden the pool of qualified candidates to include minorities and women. Good faith efforts include, for example, monitoring the effectiveness of outreach and recruitment strategies in attracting diverse applicants and linking with different or additional referral sources in the event that recruitment efforts fail to produce a diverse pipeline of applicants.
The goals are not quotas, however, and no sanctions are imposed solely for failure to meet them. A contractor’s compliance is measured by whether it has made good faith efforts to expand its employment opportunities and break down barriers to employment for minorities and women. Failure to meet goals, by itself, is not a violation of the Executive Order.
11. In what ways are contractors required to disseminate their EEO policies?
Contractors are required to disseminate their EEO policies both internally to their employees and externally to applicants and referral sources.