U.S. Small Business Administration
AGREEMENT
OF
COMPLIANCE
In
compliance
with
Executive
Order
1
1246,
as
amended
(Executive
Order
1
1246,
as
amended
pr
ohibits
discrimination
because of race,
color, religion, sex
,
or
national origin
and requires
affirmative
action to ensure
equality
of opportunity in all
aspects
of
employment
by
all
contractors
and
subcont
r
actors
,
perfo
r
m
i
ng
work
under
a Federally assiste
d
constructio
n
contract
in excess of
$10
,
000
,
regardless
of
th
e number of
employees
),
th
e
applicant
/recipient
,
contractor or
subcontractor agrees that in
consideration
of the
approval and
as a condition of
the disbursement o
f
all or
any
part of a loan by the
Small Business
Adm
i
nistration
(SBA
)
that it will
incorporate
or cause to be Incorporated
into
any contract or subcontract
In
excess
of
$10
,
000
for
construction
work,
or modification on
thereof
,
as
defined in
the regulations
of the
Secretary
of Labor, at
41
CFR Chapter
60
,
which is
paid for in
whole
or in part with funds
obtained from
the
Federal Government
or
borrowed
on the credit
of the
Federal Government pursuant
to a grant,
contract,
loan
,
Insurance
or
guarantee
,
or
undertaken
pursuant
to
any
Federal
program involving
such
g
r
ant
,
con
t
r
act
,
loan
,
insurance
or
guarantee
,
the
following
equal
opportunity
clause
:
During the
performance
of this
cont
r
a
ct,
the
contractor
agrees as
follows
:
(
1)
The
contractor w
ill
not discriminate against
any employee
or
appl
icant for
employment because
of
r
ac
e
,
colo
r,
religion,
sex or national
origin
.
The
contractor
will
take
affirmative action
to
insure that applicants
are
employed
and
that employees
are
treated
during
employment without regard
to
their race,
color,
religion, sex
or
nati
onal
origin
.
Such
action
shall include
,
but
not
be
limited
to
the following
:
employment
,
upgrad
i
ng, demotion
or
transfe
r
;
recruitment
or advertising; layoff or termination; rates of pay or
other
forms of
compensation;
and
select
i
on
for training
,
including
apprenticeship
.
The
contractor
agrees to post in conspicuous
places
,
available
to
employees
and applicants for
employmen
t,
notices
to be
provided setting
forth
the
provisions
of
t
his
nondiscriminat
ion
c
lause
.
(2)
The contracto
r
will in all
solic
it
at
ions or
adverti
sements
or
e
mployees
placed
by o
r
on behalf
o
f
t
he
co
n
tracto
r,
state that
a
ll
q
u
alifi
ed
applicants w
ill
rece
i
ve
consideration or employment
without
regard
to race,
color
,
religio
n
,
sex or
nat
i
ona
l
origin
.
(3)
The
contractor will
send
to
each
labor union
or representative
of workers with
wh
i
ch
he has
a
Collective
bargain
i
ng
agreement
or
other
contract
or
understanding
noti
ce
to be
provided advising
th
e said labor
union
or
workers
'
representative
of th
e
contractor
'
s
comm
it
men
t
s
under
Executive
Order
1
1246
,
as
amended, and shall post
copies of the notice In
conspicuous
places available to employees and applicants tor employment.
(4)
The cont
r
actor
w
ill
comply with
all
p
rovisions
of
Execut
i
ve
O
r
der
1
1246
,
as
amended
,
and the
rules and
relevant
orders of the
Secretary
of Labor
created thereby
.
(5) The
contractor
wilt
furnish
all
information
and
reports
required by
Executive
Order 1
1246
,
as
amended
,
and
by the
rules, regulations
and orders of the
Secretary
of Labor
,
o
r
pursuant thereto
,
and will permit
access
to
books
,
records
and
accounts
by
SBA
(
See
SBA
Form
793
)
and
th
e
Secretary
of Labor
for
purposes
of
investigat
ion to
as Certa
i
n
compliance
w
i
t
h
such
rules
,
regula
t
ions
a
n
d
orde
r
s
.
(The information
coll
ection
requ
i
reme
nts
conta
i
ned
i
n
Executive
Order
11
246
,
as
amended
,
are
approved
under
OMB No.1215-
0072.)
(6) In
th
e
event
of
th
e
contractor'
s
noncompliance wit
h the nond
i
scrimination
clause
or
with
any of
th
e
said
rules
,
regulations
or
orders, this
contract
may
be
cancelled
,
terminated
or suspended in whole
or in
part and th
e
contractor
may be
declared
ineligible
for
further Government contracts
or
federally
assisted
construction
contracts in
accordance
with
procedures
authorized
in
Executive
Order 11246, as
amended, and such
other
sanct
i
ons may
be
imposed
and
remedies invoked
as
provided
in th
e said
Executive Order
or by rule
,
regulation
or
orde
r
of the
Secretary
of Labor
,
or as
otherwise
provided by law
.
The
contractor
will
i
nclude
the portion of the
sentence
i
mmed
i
ately
preceding
paragraph
(1
)
and the
provisions
of
paragraphs (1) through(6)
in
every subcontract
or
purchase
order
unless exempted
by
rules, regulations
or orders
of
the Secretary
of Labor
issued pursuant
to
Executive
Order 11246, as amended, so that
such provisions
will be
binding
upon each
subcontractor
or
vendor
.
The
contractor
will take such action with respect to any
subcontract or purchase
order as
SBA
may direct
as a
means
of
enforcing such provisions, including sanctions
for
noncompliance
:
Provided
,
however
that
in
th
e
event
a
contractor becomes
Involved in or is threatened wit
h
litigation with
a
s
ubcontractor
or vendor as a result of such direction by SBA, the
contractor
may request
the
United
States
to enter
i
nto such
litigation to protect the
i
nterest
of the United
States
.
SBA Form 601 (10-85) REF: SOP 9030 Previous editions obsolete