- Briefing Room
U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
MAP-21 - Moving Ahead for Progress in the 21st Century
Question 1: Does Section 1506 of MAP–21 enable recipients (State Transportation Agencies (STAs) or local public agencies) to encourage contractors to use best faith efforts in the employment of veterans?
Answer 1: YES. Section 1506 requires recipients to encourage contractors and subcontractors working on Federal-aid highway projects to use best faith efforts in hiring veterans as laborers.
Question 2: How does Section 1506 of MAP–21 impact the free and open competition provision of 23 U.S.C. 112?
Answer 2: The free and open competition requirements of the 23 U.S.C. 112 are not altered by Section 1506.
Question 3: May recipients require the hiring of veterans as a condition of bid responsiveness or otherwise penalize a contractor for failing to hire veterans?
Answer 3: NO. Section 1506 does not permit recipients to require preferential treatment for the employment of veterans. Rather, Section 1506 requires recipients to encourage contractors and subcontractors to make a best faith effort in the hiring or referral of veterans as laborers.
Question 4: How can recipients of Federal financial assistance encourage contractors and subcontractors working on Federal-aid highway construction contracts to hire veterans as laborers provided the veteran has the skills and qualifications necessary to perform the work?
Answer 4: Recipients may encourage contractors and subcontractors in a variety of ways which may include, but are not limited to, the following:
Question 5: What are some of the resources that recipients of Federal financial assistance can use to encourage and support highway construction contractors and subcontractors working on Federal-aid construction contracts to employ veterans as laborers?
Answer 5: The following are examples of resources that recipients of Federal financial assistance can use to assist and support contractors and subcontractors working on Federal-aid construction contracts in employing veterans as laborers:
Question 6: What requirements must a veteran satisfy to be covered by the veteran’s employment provision of MAP–21?
Answer 6: Veterans covered by Section 1506 of MAP–21 must satisfy the criteria at 5 U.S.C. 2108, which defines “veteran” as an individual who:
Question 7: Should recipients encourage contractors and subcontractors to give equal consideration to hiring qualified veterans and members of any racial or ethnic minority, female, or former employee?
Answer 7: The veterans employment provision in MAP–21 does not establish “veteran” as an eligible minority and/or discriminated class of worker that is covered by the Equal Employment Opportunity (EEO) requirements. If a contractor uses best faith efforts in hiring veterans, these efforts must not result in a preference over any equally qualified applicant who is a member of any racial or ethnic minority, a female, or any equally qualified former employee.
Question 8: Is the veterans employment provision in MAP–21 restricted from being implemented on projects and contracts that are located on Indian reservation roads?
Answer 8: YES. Section 1506 specifically states that section 114(d) shall not apply to projects subject to 23 U.S.C. 140(d).
Question 9: Does Section 1506 apply only to federally–assisted construction contracts?
Answer 9: YES. Section 1506 only applies to recipients of Federal assistance.