What is the impact of Executive Order 11246 likely to be on the recipients of ARI-R2 awards?
Executive Order 11246 and Department of Labor regulations implementing the Order are directed at government contracts, including construction contracts that are Federally assisted. An academic institution that is the recipient of an ARI-R2 award should not fall within the scope of most of the order because the funding mechanism used in connection with the ARI solicitation is a Federal assistance grant, not a contract. Thus, such an institution will not be a contractor with NSF and, except in its relations with construction contractors, will not have to implement any parts of the order that go beyond existing statutes that might apply to the institution. The institution will, however, be required to incorporate the provisions set forth in section 202 of the Executive Order, as well as any additional provisions established by the Department of Labor in its implementing regulations, into all construction contracts (and subcontracts) paid for in whole or in part by Federal funds. Thus, any
