Specifications include, but are not limited to: A. The contractor and subcontractor will give preference in employment opportunities under this contract to qualified Indian applicants who can perform the work required regardless of race, color, creed, age, sex, religion, national origin, or tribal affiliation to the extent set out in the paragraphs below. B. The contractor and subcontractor will not use pre-employment standards, qualifications, criteria, or other personnel requirements as a barrier to Indian employment except when such criteria or standards are required by business necessity. The contractor and subcontractor have the burden of showing that such criteria or standards are required by business necessity. C. The contractor agrees that Indians will be given preference for at least fifty percent (50%) of the project work force provided that sufficient qualified Indian applicants are available. The phrase “work force” will not include “core crew employees”. D. The contractor and subcontractor are required to complete a compliance plan and submit the compliance plan to the TERO office at least two (2) weeks prior to beginning work. Prior to commencing work, contractors and subcontractors are expected to contact the Yankton Sioux Tribe TERO office concerning an identified core crew, project work force needs, and (sub)contractor/TERO interface. No contractor or subcontractor will begin work until the compliance plan has been approved by the TERO office. The contractor and any subcontractor must submit a copy of the approved compliance plan to the Department’s Area Office prior to commencing work unless arrangements are made for the TERO office to provide the copy of the compliance plan directly to the Department’s Area office. In lieu of a copy of the approved compliance plan, the Department’s Area office may seek approval directly from the TERO office.
