The term “senior subcontractor” refers to a subcontractor who holds a subcontract with a prime contractor. Government-subsidized construction contract means any agreement or amendment between an applicant and a person for construction work paid for in whole or in part by funds received from the Government or borrowed from a government credit under a federal program accompanied by a grant, contract, loan, insurance or guarantee, or implemented under a federal program with such a grant; Contract, loan, insurance or guarantee or any application or amendment thereto approved by the Government for a grant, contract, loan, insurance or guarantee under which the applicant himself participates in the construction work. Government Contract means any agreement or modification between a contracting agency and any person regarding the purchase, sale or use of personal property or non-personal services. The term “personal property” as used in this definition includes supplies and contracts for the use of immovable property (such as leases), unless the contract for the use of immovable property itself constitutes immovable property (e.B easements). The term “non-personal services” as used in this definition includes, but is not limited to, the following services: utilities, construction, transportation, research, insurance and custody of funds. The term government contract does not include: agreements in which the parties are in the relationship between the employer and the employee; ofCCP enforces Executive Order 11246, as amended, which prohibits federal contractors and state-backed contractors and subcontractors who engage in more than $10,000 in government business in one year from discriminating in employment decisions based on race, color, religion, gender or national origin. The decree also requires government contractors to take positive measures to ensure equal opportunities in all aspects of their employment. The OFCCP`s liability covers approximately 26 million, or nearly 22% of the total civilian workforce (92,500 non-construction-related enterprises and 100,000 construction enterprises). The federal government awarded more than $179 billion in master contracts to taxpayers in fiscal year 1995.The OFCCP requires a contractor or subcontractor to conduct a self-analysis as a condition of a federal contract or subcontract to identify barriers to equal employment opportunity. No other government agency conducts comparable systemic reviews of employer employment practices to detect discrimination. The OFCCP also investigates complaints of discrimination.
In fiscal year 1999, the CCNCECP conducted 3,833 compliance reviews. In addition, OFCCP programs prevent discrimination. A contractor who violates Executive Order 11246 may terminate, terminate or suspend all or part of its contracts, and the contractor may be excluded from it, i.e. declared unfit for future government contracts. However, a contractor cannot be excluded without the possibility of obtaining complete evidence. Exclusion may take place indefinitely or for a short period of time. If an indefinite exclusion is imposed, the contractor may be reinstated once it has proven that the violations have been remedied. A temporary exclusion establishes a probationary period during which a contractor can demonstrate their commitment and ability to establish human resources practices in accordance with the Order. If a matter is not resolved by arbitration, the OFCCP may refer the matter to the Office of the Labour Lawyer, which has the power to initiate administrative enforcement proceedings. After a full review of the evidence, an administrative judge of the Ministry of Labour recommended factual findings, legal findings and a recommended order. On the basis of the entire protocol, the Minister of Labour issues a final administrative order. Cases may also be referred to the Ministry of Justice for the judicial enforcement of E.O.
11246, mainly if the application of the sanctions approved by the Ordinance is not feasible, for example. B a case involving a single supplier. The implementing rules of the decree provide for different provisions on positive action for non-contractors (i.e. service and delivery companies) and for entrepreneurs. .