92010 Equal Employment Opportunity Certification

Equal Employment
Opportunity Certification
Excerpt From 41 CFR §60-1.4(b)

U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner

The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification 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 grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

OMB Control No. 2502-0029
(exp. 7/31/2014)

(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the
said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.

During the performance of this contract, the contractor agrees as
follows:

(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and 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 11246 of September 24, 1965, 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 the administering agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in
the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor
may request the United States to enter into such litigation to
protect the interests of the United States.

(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, or national origin, such action
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 forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that
all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or
national origin.

The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices
when it participates in federally assisted construction work:
Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders
of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order
11246 of September 24, 1965, with a contractor debarred from, or
who has not demonstrated eligibility for, Government contracts
and Federally-assisted construction contracts pursuant to the
Executive order and will carry out such sanctions and penalties
for violation of the equal opportunity clause as may be imposed

(3) The contractor will send to each labor union or representative
of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and
by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, records,
and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

Firm Name and Address

Department of Veterans Affairs

By

Title

form HUD-92010 (3/2006)
VA form 26-421

upon contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case
to the Department of Justice for appropriate legal proceedings.
Excerpt from HUD Regulations
200.410Definition of term “applicant”.
(a) In multifamily housing transactions where controls over the
mortgagor are exercised by the Commissioner either through
the ownership of corporate stock or under the provisions of
a regulatory agreement, the term “applicant” as used in this
subpart shall mean the mortgagor.
(b) In transactions other than those specified in paragraph(a) of
this section, the term “applicant” as used in this subpart shall
mean the builder, dealer or contractor performing the construction, repair or rehabilitation work for the mortgagor or
other borrower.
200.420Equal Opportunity Clause to be included in contracts and
subcontracts.
(a) The following equal opportunity clause shall be included in
each contract and subcontract which is not exempt:
During the performance of this contract, the contractor agrees
as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed,
color, or national origin. The contractor will take affirmative
action to ensured that applicants are employed, and that
employees are treated during employment without regard to
their race, creed, color, or national origin. Such action 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 forms
of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting forth the provisions of
the nondiscrimination clause.
(2)The contractor will in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard race, creed, color, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to
be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section,
and shall post copies of the notices in conspicuous places
available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 10925 of March 6 1961, as amended, and of the
regulations, and relevant orders of the President’s Committee on Equal Employment Opportunity created thereby.

(5) The contractor will furnish all information and reports
required by Executive Order 10925 of March 6, 1961, as
amended, and by the regulations, and orders of the said
Committee , or pursuant thereto, and will permit access to his
books, records, and accounts by HUD and the Committee for
purposes of investigation to ascertain compliance with such
regulations, and orders.
(6) In the event of the contractor’s non-compliance with
the nondiscrimination clause of this contract or with any of
the said regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts
in accordance with procedures authorized in Executive Order
10925 of March 6, 1961, as amende, and such other sanctions
may be imposed and remedies invoke s provided in the said
Executive Order or by regulations, or order of the President’s
Committee on Equal Employment Opportunity, or as otherwise provided by law.
(7) The contractor will include the provisions of Paragraphs(1) through (7) in every subcontract or purchase order
unless exempted by regulations, or orders of the President’s
Committee on Equal Employment Opportunity issued pursuant to Section 303 of Executive Order 10925 of March 6,
1961, as amended, so that such provisions will be binding
upon each subcontractor or vender. The contractor will take
such action with respect to any subcontract or purchase
orders as HUD may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided,
however, that in the event the contractor becomes involved
in, or is threatened with, litigation with a subcontractor or
vender as a result of such direction by HUD, the contractor
may request the United States to enter into such litigation to
protect the interests of the United States.
(b) Except in subcontracts for the performance of construction
work at the site of construction, the clause is not required to
be inserted in subcontracts below the second tier. Subcontracts
may incorporate by referenced to the equal opportunity clause.
200.425Modification in and exemptions from the regulations in
this subpart.
(a) The following transactions and contracts are exempt from the
regulations in this subpart:
(1) Loans, mortgages, contracts and subcontracts not exceeding $10,000.
(2) Contract and subcontracts not exceeding $100,000 for
standard commercial supplies or raw material;
(3)Contracts and subcontracts under which work is to be or has
been performed outside the United States and where no recruitment of workers within the United States in involved. To the
extent that work pursuant to such contracts is done within the
Untied States, the equal opportunity clause shall be applicable;
(4) Contracts for the sale of Government property where
no appreciable amount of work is involved; and
(5) Contracts and subcontracts for an indefinite quantity
which are not to extend for ore than one year if the purchaser
determines that the amounts to be ordered under any such
contract or subcontract are not reasonably expected to exceed
$100,000 in the case of contracts or subcontracts for standard
commercial supplies and raw materials, or $10,000 in the
case of all other contracts and subcontracts.
form HUD-92010 (3/06)
VA form 26-421