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contractor100

affirmative action program 52.222-25

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A contractor has received a contract making it subject to the affirmative action program requirement. Contractor has 120 days to develop the plan.

One day later, contractor is asked to make the representation in 55.222-25 below. Does contractor have to check "o has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60–1 and 60–2),"?

What are the usual consequences of contractor's checking this box?

52.222-25 Affirmative Action Compliance.

As prescribed in 22.810(d), insert the following provision:

Affirmative Action Compliance (APR 1984)

The offeror represents that (a) it o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60–1 and 60–2), or (B) it o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

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You or your attorney might want to consider seeking an answer to your question from the DOL OFCCP Regional Office as by read of FAR 22.8 they do have have administrative authority over compliance with EO 11246 .

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Dear Carl,

. The sense in industry (where I am anyway) is the we hens do not invite the fox in to our house. We are doing everything absolutely on the up and up, but OFCCP audits have a certain reputation. Perhaps an advisory discussion would be less adversarial, though; thanks for the thought.

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