The Office of Federal Contract Compliance Programs (OFCCP) is an agency of the United States Department of Labor that is responsible for ensuring employers doing business with the federal government comply with three equal employment opportunity laws. At OFCCP, we are devoted to protecting workers, promoting diversity, and enforcing the law. We hold those who do business with the federal government accountable for adhering to the legal requirement of taking affirmative action and not discriminating on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran. Additionally, contractors and subcontractors are prohibited from firing or otherwise discriminating against applicants or employees who request information about their compensation or that of others, discuss or disclose their compensation or that of others, subject to certain limitations.
The OFCCP's mission is to enforce the contractual promise of affirmative action and equal employment opportunities for those who do business with the federal government. If procedures specified in paragraphs (a) (a) (a) delay the award of an urgent and critical contract beyond the time needed to make the award or beyond the time specified in the tender or extension of the tender, the contracting officer must immediately inform the OFCCP regional office of the due date of the tender or the required award date and request authorization before that date. When contract work is to be performed outside the United States with employees hired in the United States, the contracting officer will send a request for pre-award authorization to either the OFCCP regional office that provides services in the area where the corporate headquarters or branch of the proposed contractor is located in the United States, or to the corporate location where hiring personnel takes place if it is different from the corporate headquarters or branch of the proposed contractor. The agency director may determine that a contract is essential to national security and that awarding it without meeting one or more requirements of this subpart is necessary for national security.
A contracting agency is any department, agency, establishment, or institution of the executive branch of the Government, including any wholly-owned government corporation that enters into contracts. The notification must include information such as name, address and telephone number of contractor, employer identification number, dollar amount of contract, estimated start and end dates of contract, contract number, and geographical area in which contract will be executed.
When considering a contract that includes clause 52,222-26 Equal Opportunity, hiring officers must insert:
- The provision in 52.222-25 Affirmative Action Compliance in applications other than those for construction when a contract includes clause en 52.222-26 Equal Opportunity.
- Clause en 52.222-29 Visa Denial Notification in contracts that include clause en 52.222-26 Equal Opportunity if contractor is obliged to work in a foreign country or on its behalf.
In cases where national security is at stake, an order may be issued canceling, terminating, suspending any contract or disabling any contractor from other government contracts under Sections 7 (a) or (b) of Executive Order and § 471.14 (d) (or (of this part). When requested by OFCCP regional office, contracting officer must organize a conference between contractor, contracting activity and compliance staff to discuss contractor's compliance responsibilities. An order may also be issued to contracting agency to cancel, rescind suspend or cause any contract or part of it to be canceled terminated suspended for breach of contractual provisions required by Section 7 (a) of Executive Order and regulations of this part. A construction work site is defined as general physical location of any building road or other change or improvement of immovable property that is in process of construction rehabilitation alteration conversion extension demolition air conditioning repair and any location or temporary facility in which a contractor subcontractor satisfies demand performs function related to contract subcontract.
A government contract is defined as any agreement or modification between any contracting agency and any person for purchase sale use personal goods non-personal services.