|
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 9 Contract Number: GS-07F-0031W
<br />52.222-26 EQUAL OPPORTUNITY (SEP 2016)
<br />(a) Definition. As used in this clause.
<br />"Compensation" means any payments made to, or on behalf of, an employee or offered to an
<br />applicant as remuneration for employment, including but not limited to salary, wages, overtime pay,
<br />shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other
<br />benefits, stock options and awards, profit sharing, and retirement.
<br />"Compensation information"means the amount and type of compensation provided to employees
<br />or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a
<br />particular employee for the value the employee is perceived to add to the Contractor's profit or
<br />productivity; the availability of employees with like skills in the marketplace; market research about the
<br />worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and
<br />pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and
<br />policies related to setting or altering employee compensation.
<br />"Essential job functions"means the fundamental job duties of the employment position an
<br />individual holds. A job function may be considered essential if —
<br />(1) The access to compensation information is necessary in order to perform that function or
<br />another routinely assigned business task; or
<br />(2) The function or duties of the position include protecting and maintaining the privacy of
<br />employee personnel records, including compensation information.
<br />"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract
<br />Compliance Programs, and is found atwww.dol.gov/ofccl--)/LGB-f/LGB-f FAQs.html.
<br />"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal
<br />Contract Compliance Programs, and is found atwww.dol.gov/ofccg/LGB-f/LGB-f FAQs.html.
<br />"United States, " means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana
<br />Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
<br />(b) (1) If, during any 12-month period (including the 12 months preceding the award of this contract),
<br />the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have
<br />an aggregate value in excess of S10,000, the Contractor shall comply with this clause, except for
<br />work performed outside the United States by employees who were not recruited within the United
<br />States. Upon request, the Contractor shall provide information necessary to determine the
<br />applicability of this clause.
<br />(2) If the Contractor is a religious corporation, association, educational institution, or society, the
<br />requirements of this clause do not apply with respect to the employment of individuals of a
<br />particular religion to perform work connected with the carrying on of the Contractor's activities
<br />(41 CFR 60-1.5).
<br />(c) (1) The Contractor shall not discriminate against any employee or applicant for employment
<br />because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
<br />However, it shall not be a violation of this clause for the Contractor to extend a publicly
<br />announced preference in employment to Indians living on or near an Indian reservation, in
<br />connection with employment opportunities on or near an Indian reservation, as permitted by 41
<br />CFR 60-1.5.
<br />(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that
<br />employees are treated during employment, without regard to their race, color, religion, sex, or
<br />national origin. This shall include, but not be limited to
<br />Page:64 of 211
<br />
|