o. Document and maintain a record of all solicitations of offers for subcontracts from <br />minority and female construction contractors and suppliers, including circulation of <br />solicitation to minority and female contractor associations and other business <br />associations. <br />p. Conduct a review, at least annually, of all supervisors' adherence to and performance <br />under the contractor's EEO policies and affirmative action obligations. <br />q. Covered construction contractors performing contracts in geographical areas where <br />they do not have a Federal or Federally assisted construction contract shall apply the <br />minority and female goals established for the geographical area where the contract is <br />being performed. Goals are published periodically in the Federal Register in notice <br />form and such notices may be obtained from any Office of Federal Contract <br />Compliance Programs office or from Federal procurement contracting officers. <br />8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling <br />one or more of their affirmative action obligations set forth above. The efforts of the <br />contractor association, joint contractor - union, contractor - community, or similar group of which <br />contractor is a member and participant, may be asserted as fulfilling any one or more of its <br />above obligations provided that contractor actively participates in the group, makes every <br />effort to assure that the group has a positive impact on the employment of minorities and <br />women in the industry, ensures that the concrete benefits of the program are reflected in <br />contractor's minority and female workforce participation, makes a good faith effort to meet its <br />individual goals and timetables, and can provide access to documentation which <br />demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to <br />comply, however, is contractor's and failure of such a group to fulfill an obligation shall not be <br />a defense for contractor's noncompliance. <br />9. A single goal for minorities and a separate single goal for women have been established. <br />Contractor, however, is required to provide equal employment opportunity and to take <br />affirmative action for all minority groups, both male and female, and all women, both minority <br />and non - minority. Consequently, contractor may be in violation of the Executive Order if a <br />particular group is employed in a substantially disparate manner (for example, even though <br />contractor has achieved its goals for women generally, contractor may be in violation of the <br />Executive Order if a specific minority group of women is underutilized). <br />10. Contractor shall not use the goals and timetables or affirmative action standards to <br />discriminate against any person because of race, color, religion, sex, or national origin. <br />11. Contractor shall not enter into any subcontract with any person or firm debarred from <br />Government contracts pursuant to Executive Order 11246. <br />12. Contractor shall carry out such sanctions and penalties for violation of these specifications <br />and of the Equal Opportunity Clause, including suspension, termination, and cancellation of <br />existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as <br />amended, and its implementing regulations, by the Office of Federal Contract Compliance <br />Programs. Any contractor who fails to carry out such sanctions and penalties shall be in <br />violation of these specifications and Executive Order 11246, as amended. <br />13. Contractor, in fulfilling its obligations under these specifications, shall implement specific <br />affirmative action steps, at least as extensive as those standards prescribed herein, so as to <br />achieve maximum results from its efforts to ensure equal employment opportunity. If <br />Section VIII. SAMPLE CDBGFUNDED NON- PROFIT CAPITAL IMPROVEMENT CONSTRUCTION CONTRACT <br />Page 20 <br />Exhibit E4 Anti Kick -Back Statement <br />