EXHIBIT "F"
To Operating Agreement dated effective ____________ between _____________________, as Operator,and ____________________, as Non-Operators
NON-DISCRIMINATION AND CERTIFICATION OF NON-SEGREGATED FACILITIES
1. During the performance of this Contract, the Operator agrees as follows:
A. The Operator will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The Operator will t ake
affirmative action to ensure that applicants are employed, and that employees a re treated during
employment without regard to their race, color, religion, sex or national origin. Such acti on shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or other form s of
compensation; and selection for training including apprenticeship. The Operator agrees to post
in conspicuous places, available to employees and applicants for employment, notices t o be
provided by the contracting office setting forth the provisions of this non-discrimination clause.
B.The Operator will, in all solicitations or advertisements for employees places by
or on behalf of the Operator, state that all qualified applicants will recei ve consideration for
employment without regard to race, color, religion, sex or national origin.
C.The Operator will send to each labor union or representative or workers with
which he has a collective bargaining agreement or other contract or understanding, a not ice to be
provided by the agency contracting office, advising the labor union or worker’s representatives
of the Operator's commitments under Section 202 of Executive Order No. 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employee s and
applicants for employment.
D.The Operator will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor.
E.The Operator will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
F.In the event of Operator's non-compliance with the non-discrimination of this
contract or with any of such rules, regulations or orders, this contract may be canceled,
terminated or suspended, or in whole or in part, and the Operator may be declared ineligibl e for
further Government contracts in accordance with procedures authorized in Executive Order No.
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in said Executive Order No. 11246 of September 24, 1965, or by rules, regulation or
order of the Secretary of Labor, or as otherwise provided by law.
G.The Operator will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so
that such provisions will be binding upon each contractor or vendor. The Operator will take suc h
action with respect to any contract or purchase order as the contracting agency may dire ct as a
means of enforcing such provisions, including sanctions for non-compliance; provided, however,
that in the even the Operator becomes involved in or is threatened with litigati on with a
contractor or vendor as a result of such direction by the contracting agency, the Operator may
request the United States to enter into such litigation to protect the interest of the United States.
2. Equal Employment Opportunity Reporting.
The Operator, unless exempt, agrees to file with the appropriate federal agency a
complete and accurate report on Standard Form 100 (EEO-1) within thirty (30) days after the
signing of this Agreement or the award of any such purchase order, as the case may be, (unless
such a report has been filed in the last 12 months), and agrees to continue to file such re ports
annual, on or before March 31st. (41 CFR 60-1.7(a)).
3. Affirmative Action Compliance Program.
The Operator agrees to develop and maintain a current written affirmative action
compliance program for each of its establishments in accordance with the regulati ons of the
Secretary of Labor promulgated under Executive Order No. 11246, as amended (41 CFR 60- 01.40).
4. Veteran's Employment.
In the event the agreement to which this exhibit is attached is for the purpose of ca rrying
with any department or agency of the United States for the procurement of personal property and
non-personal services (including construction) for the United States as provided by Section 2012
of Title 38 USC, Operator agrees to give special emphasis to the employment of qualifi ed
disabled veterans and veterans of the Vietnam era and to list immediately with the appropriate
local employment service office all of its suitable employment openings.
5. Equal Opportunity in Employment Certification of Non-Segregated Facilities.
Operator, by entering into the contract to which this Exhibit D is attached, cert ifies that
he does not maintain or provide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to perform their services at any
location, under his control, where segregated facilities are maintained. Operator agree s that a
breach of this certification is a violation of the Equal Opportunity clause in this contract. As
used in this certification, the term "segregated facilities" means, but is not limited to, any waiting
rooms, work areas, restrooms and washrooms, restaurants, and other eating areas, time cloc ks,
locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis of race, c reed, color or
national origin, because of habit, local custom, or otherwise. He further agrees that (exce pt
where he has obtained identical certifications from proposed contracts for specific ti me periods)
he will obtain identical certifications from proposed contractors prior to the award of contracts
exceeding $10,00.00 which are not exempt from the provisions of the Equal Opportunity clause,
that he will retain such certifications in his files; and that he will forward the following notice to
such proposed contractors (except where the proposed contractors have submitted identical
certifications for specific time periods):
6. Notice to Prospective Contractors of Requirement for Certifications of Facilities.
A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32
F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor,
must be submitted prior to the award of a contract exceeding $10,000.00 which is not exempt
from the provisions of the Equal Opportunity clause. The certification may be submitted e ither
for each contract or for all contracts during a period (i.e., quarterly, semi-annually, or annually).