All-

An attorney friend associated with a PUI has stumped me and I'm hoping
you experts will help.  Here's what he asked me:

"Are NIH grantees required to comply with Executive Order 11246,
entitled "Equal Employment Opportunity", as amended by executive Order
11375, and as supplemented by U.S. DOL regs (41 D.F.R. Ch 60)?  It
appears that NIH grantees must include this language in any subaward; is
that correct?"

I immediately thought "WHAT???" and when I asked for some context, he
sent me this:

===================
"NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
"The Subawardee agrees to comply with the applicable provisions of the
U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504
of the U.S. Rehabilitation Act and th rules applicable to each.  The
Subawardee shall comply with Executive Order 11246, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375, and as
supplemented by the U.S. Department of Labor regulations (41 C.F.R.
Chapter 60).  The Subawardee agrees to incorporate this clause into all
Subcontracts under this Contract.

"The underlined portion requires the subawardee to create an affirmative
action plan and otherwise comply with some pretty daunting
administrative procedures.  Most entities considering whether to go down
this road figure it is at least one FTE to have someone in charge of and
running the compliance program.  Most small, private colleges and
universities would probably not be subject to this regulatory scheme but
for the presence of this language in a federal contract they sign.

"My question is, why does this appear in a subaward if it is not in the
original grant.  I am told that it is required by NIH, but I can not
find the hook.  I did find it on the NEH website, and apparently it is
required only on subawards."
========================

Have any of you encountered this?  Thanks in advance for any help!

- Chris

--

Christian Harker, Ph.D.
President
xxxxxx@cayuse.com

Cayuse, Inc.

Suite 654, Park Plaza West
10700 SW Beaverton-Hillsdale Hwy.
Beaverton, OR  97005
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503-297-0414 fax
www.cayuse.com

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