U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
The Contractor Compliance Program ensures that Federal contractors and subcontractors performing work on Federal and federally assisted highway contracts comply with nondiscrimination and affirmative action requirements. Through development and management of an effective Contract Compliance Program, the FHWA and STAs are responsible for assuring that Federal contractors and subcontractors do not discriminate in their employment and contracting practices based on race, color, religion, sex, national origin, age or disability. A contractor's minimum EEO requirements are set forth in the contract provisions referenced in Form FHWA-1273 as "Section II, Nondiscrimination." These include acceptance of a general operating policy that prohibits discrimination based on race, color, religion, sex, national origin, age, or disability.
Contract provisions also require nondiscrimination in selection and retention of subcontractors, material suppliers and vendors; maintenance of non-segregated facilities; on-the-job training (OJT) and training special provisions (TSP); and adherence to employment preference in Appalachian contracts, where applicable. Indian preference provisions may also be included in Federal-aid highway contracts, where applicable. The term, "Federal contractor," means any person, corporation, partnership or unincorporated association that holds a FHWA direct, or Federally-assisted construction contract or subcontract regardless of tier.
Equal Opportunity/Contract Compliance Specialist
Disadvantaged Business Enterprise (DBE) and Workforce Development
Federal-aid Highway Act of 1968, Section 22 (a) required State Highway Agencies to sign Equal Employment Opportunity (EEO) Assurances as a condition for receiving Federal Highway Administration funds. These signed EEO Assurances became the basis for STAs to develop and administer an EEO Contract Compliance Program. The EEO Assurances included, but were not limited to: STAs establishing an EEO program to ascertain whether contractors and subcontractors are complying with their EEO obligation and the degree to which such compliance is producing substantial progress on the project sites; effective procedures to assure that discrimination in employment on the grounds of race, color, creed, or national origin will not be permitted on any project; on the STAs' own initiative, take affirmative action (up to, and including the imposition of contract sanctions) to achieve EEO on Federal-aid highway projects; and inclusion of the EEO responsibilities of the successful bidder in the advertised specification.
23 USC 140 (a) authorizes FHWA to ensure nondiscrimination on all Federal-aid projects. As a condition for continued receipt of FHWA funds, the head of the STA must sign and submit an updated EEO program to FHWA for approval on an annual basis. This approval becomes the documentation that the STA's assurances are in compliance with 23 USC 140(a):
"Prior to approving any programs for projects as provided for in subsection (a) of section 105 of this title, the Secretary shall require assurances from any State desiring to avail itself of the benefits of this chapter that employment in connection with proposed projects will be provided without regard to race, color, creed, national origin, or sex."
23 CFR 230 Subpart C and D are applicable to all STAs that receive Federal financial assistance in connection with the Federal-aid Highway Program. Appendix A to Subpart C requires the EEO program to include: Part I – Contractor Compliance, and Part II – State Highway Agency Employment. The policies and procedures to standardize the implementation of the equal opportunity contract compliance programs, including compliance reviews, are prescribed under 23 CFR 230 Subpart D – Construction Contract Equal Opportunity Compliance Procedures.
USDOT FHWA Resource Center (Training Courses):
Contractor Compliance Training Course: 4 hours – 1 day
This course focuses on the Equal Employment Opportunity program objectives and authorities, and how to apply appropriate authorities in making EO compliance determinations. This course also highlights the key roles and responsibilities of FHWA, State transportation agencies, and contractors to ensure EO in Federal-aid highway construction projects. Contact: Teresa Banks, National Civil Rights Team Leader, (404) 562-3592, firstname.lastname@example.org
Equal Opportunity Contractor Compliance Reviews Course:
This course focuses on the Equal Opportunity Contractor Compliance Program objectives, background and how to apply appropriate authorities in making EO compliance determinations. A detailed overview of the contract compliance review process is also covered. This course also highlights the key roles and responsibilities of FHWA, State transportation agencies, and contractors to ensure EO in Federal-aid highway construction projects. Contact: Teresa Banks, National Civil Rights Team Leader, (404) 562-3592, email@example.com
Preventing Discrimination in the Federal-Aid Highway Program Course: 8 hours - 2 days
This course targets how to apply Title VI, as well as how to integrate law and regulation implementation in each Federal-aid highway project from an interdisciplinary approach. The course provides an understanding of Title VI and other related non-discriminatory authorities; defines the roles and responsibilities for implementing the Title VI program; and explains the systematic, interdisciplinary approach. Contact: Teresa Banks, National Civil Rights Team Leader, (404) 562-3592, firstname.lastname@example.org.
PR-1392 Reports are due in Headquarters annually by September 25.