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litigation with a subcontractor or vendor as a result of such direction by the contracting <br />agency, the contractor may request the United States to enter into such litigation to protect <br />the interests of the United States. <br />Executive Order 11246: Standard Equal Employment Opportunity Construction Contract <br />Specifications (CONSTRUCTION CONTRACTS OVER $10,000) <br />As used in this agreement, the following terms have the following means: <br />a. "Covered area" means the geographical area described in the solicitation from with this <br />contract resulted; <br />b. "Director" means Director, Office of Federal Contract Compliance Programs, United <br />States Department of Labor or any person to whom the Director delegates authority. <br />C. "Employer identification number" means the Federal Social Security number used on <br />the Employers Quarterly Federal Tax Return, U.S. Treasury Department form 941; <br />d. "Minority" includes: <br />(1) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central, or South <br />American or other Spanish culture or origin, regardless of race); <br />(ii) Black (all persons having origins in any of the Black African racial groups not of <br />Hispanic origin); <br />(iii) Asian and Pacific Islander (all persons having origins in any of the original <br />peoples of the Far East, Southeast Asia, and the Indian Subcontinent, or the <br />Pacific Islands); and <br />(iv) American Indian or Alaskan Native (all persons having origins in any of the <br />original peoples of North American and maintaining identifiable tribal affiliations <br />through membership and participation or community identification). <br />2. Whenever contractor, or any subcontractor, at any tier, subcontracts a portion of the work <br />involving any construction trade, it shall physically include in each subcontract in excess of <br />$10,000 the provisions of these specifications and the Notice which contains the applicable <br />goals for minority and female participation and which is set forth in the solicitations from which <br />this contract resulted. <br />3. If contractor is participating (pursuant to 41 CFR 60 -4.5) in the Hometown Plan approved by <br />the U.S. Department of Labor in the covered area either individually or through an <br />association, its affirmative action obligations on all work in the plan area (including goals and <br />timetables) shall be in accordance with that Plan for those trades which have unions <br />participating in the Plan. Contractors must be able to demonstrate their participation in and <br />compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor <br />participating in an approved Plan is individually required to comply with its obligations under <br />the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each <br />trade in which it has employees. The overall good faith performance by other contractors or <br />subcontractors toward a goal in an approved Plan does not excuse any covered contractor's <br />or subcontractors failure to make good faith efforts to achieve the Plan goals and timetables. <br />4. Contractor shall implement the specific affirmative action standards provided in these <br />specifications. The goals set forth in the solicitation from which this contract resulted are <br />expressed as percentages of the total hours of employment and training of minority and <br />female utilization contractor shall reasonably be able to achieve in each construction trade in <br />which it has employee in the covered area. Contractor is expected to make substantially <br />uniform progress toward its goals in each craft during the period specified. <br />Section VIII SAMPLE CDBG- FUNDED NON - PROFIT CAPITAL IMPROVEMENT CONSTRUCTION CONTRACT <br />Page 17 <br />Exhibit E4 Anti Kick -Back Statement <br />