CHAPTER 1: INTRODUCTION & GENERAL …

1 Topic No. 275-020-005 Effective: August 17, 2016 Equal Opportunity construction Contract Compliance ManualGeneral InformationTable of ContentsPageiiCHAPTER 1: INTRODUCTION & GENERAL Government Agency Nondiscrimination Assurance Required of Prime Contractors, Subcontractors,Rental Agreements and Material SuppliersExample Nondiscrimination Contract Documents and the EEO construction Contract Compliance ManualTable Compliance Related FHWA 1273 Required Contract Provisions Federal aid ConstructionTable Which Version of FHWA 1273 Audit of Subordinate AgreementsTable Minimum FHWA 1273 Verification Prime Contractors Prime Contractor Compliance Prime Contractor Compliance Records and FDOT Default of the Prime Compliance Training and Technical Equal Opportunity State construction District construction Resident

2 construction Preconstruction EEO Complaint Opportunity Compliance (EOC) Overview of the EOC Accessing the EOC System, Addressing System Problems, TechnicalAssistance and Directory of Compliance Websites & Compliance How a Contractor is Added to the Data Reported in the RegisterTable Data Reported in the Deficiency Communications and Noncompliance; Consideration of Good Faith EffortsTable Characteristics of Good Faith EffortsTopic No. 275-020-005 Effective: August 17, 2016 Equal Opportunity construction Contract Compliance ManualGeneral InformationTable of Noncompliance Contractor s Past Performance Rating and Noncompliance CommunicationsTable Summary of Noncompliance CommunicationsTable Issuance of Performance Deficiency Recurring Notices of Requirement Reference construction Contract Characteristics Directing Agencies Supplying Craft and Labor of Contract Compliance Requirements by Program AreaTable Summary of DBE RequirementsTable Summary of Company EEO RequirementsTable Summary of Project EEO

3 RequirementsTable Summary of On the-Job Training RequirementsTable Summary of Payroll and Wage Local Agency ProgramTable EEO Contract Compliance Requirements for Program Forms & DocumentsTopic No. 275-020-005 Effective: August 17, 2016 Equal Opportunity construction Contract Compliance ManualGeneral InformationIntroductionPage 1 Approved:Effective: August 17, 2016 Review: June 15, 2016 Office: Equal OpportunityTopic No.: 275-020-005 Department of TransportationCHAPTER 1: INTRODUCTION & GENERAL INFORMATIONPURPOSE:TheEqual OpportunityConstruction Contract Compliance manual (CCM)containsinstructions needed to establish requirements for the Florida Department of Transportation(FDOT) to administer the Equal Employment Opportunity (EEO), Disadvantaged BusinessEnterprise (DBE), and On-the-Job Training (OJT) contract requirements set by the inclusion ofcontract provisions incorporated into each construction contract funded underTitle 23, Code ofFederal Regulations ( ) Part 230.

4 The CCM will also provide a uniform process foraddressing the requirements set forth by theDavis-Baconlabor standards andContract WorkHours and safety Standards Act(CWHSSA). The Department of Labor (DOL) regulation in Parts 1, 3 and 5 provides the policy for implementation, while 23 113 serves asthe source statute for applicability determinations in the Federal-aid highway program. Thisprocedure applies to all offices that hold responsibility for administering the Equal Opportunityand Prevailing Wage Provisions in construction contracts and to contractors of highway andbridge construction :Sections (3)(a) and (3), Florida Statutes Sections (3)(a)( )The Central Office (CO) shall establish Departmentalpolicies, rules, procedures, and standards and shall monitor the implementation ofsuch policies, rules, procedures, and standards in order to ensure uniformcompliance and quality performance by the Districts and CO units that implementtransportation programs.

5 Submit major transportation policy initiatives or revisionsto the Commission for review. Sections (3)( )The CO shall adopt policies, rules, procedures, andstandards that are necessary for the FDOT to function properly, includingestablishing accountability for all aspects of the Department s :This CCMshall be used by FDOT staff, contractors, subcontractors, consultants, local agencies,and all personnel involved in the administration of construction contract No. 275-020-005 Effective: August 17, 2016 Equal Opportunity construction Contract Compliance ManualGeneral InformationIntroductionPage 2 REFERENCES: 23 230 Prescribes the policies, procedures, and guidance for equal opportunity onfederal construction contracts.

6 23 State agency requirements for an On-the-Job Trainingprogram for all Federal Aid Highway construction contracts. 23 is a list of definitions for the federal regulation used andreferenced in carrying out the FDOT's compliance program. 29 1, 3, 5, 6, 7 United States Department of Labor (USDOL) procedures forpredetermination of wage rates and labor standard provisions. 23 the policies, procedures, and guidance of the contractcompliance review process. FDOT Standard SpecificationsforRoad and Bridge construction , Section 7-1 Lawsto be Observed; 7-16 Wage Rates; 7-24 DBE; 7-25 OJT; 9 Measurement and Payment.

7 FHWA-1273 Federal Aid Required Contract Provisions. 49 26 Authorizes FDOT to issue sanctions for the condition and state ofnoncompliance in the DBE Program. 23 230: Prescribes the policies, procedures, and guidance to develop, conduct,and administer supportive services assistance programs for minority, disadvantaged, andwomen business enterprises. 28 35: Prohibits discrimination based on disability by public entities. 29 1630: Regulates implementation of the Equal Employment provisions of ADA. 29 3 (Copeland Anti-Kickback Law) Copeland Anti-Kickback Act ( 874 and 40 276c): All contracts in excess of $2,000 shall comply with theprovision for compliance with theCopeland Anti-Kickback Act (18 874), assupplemented byDepartment of Labor regulations (29 Part 3, Contractorsand Subcontractors on Public Building or Public Work Financed in Whole or in Partby Loans or Grants from the United States ).

8 TheCopeland Anti-Kickback Act(18 874 and 40 276c)provides that each contractor or subcontractor shallbe prohibited from inducing, by any means, any person employed in the construction ,completion, or repair of public work, to give up any part of the compensation to which heor she is otherwise No. 275-020-005 Effective: August 17, 2016 Equal Opportunity construction Contract Compliance ManualGeneral InformationIntroductionPage 3 40 3141-4147 (Davis-Bacon Act of 1931 and as amended):Under theprovisions of this Act, contractors or their subcontractors are to pay workers employeddirectly upon the site of the work no less than the local prevailing wages and fringebenefits paid on projects of a similar Davis-Bacon Actdirects theSecretary of Labor to determine such local prevailing wage rates that can be found in adocument titled GENERAL Decision Number.

9 40 CHAPTER 37, Sections 3701-3708 (Contract Work Hours and SafetyStandards Act): Where applicable, all contracts awarded in excess of $2,000 forconstruction contracts that involve the employment of mechanics or laborers shall includea provision for compliance withSubparts 102 and 107 of the Contract Work Hours andSafety Standards Act (40 327-333), as supplemented by Department of Laborregulations (29 Part 5).UnderSubsection 102of theContract Work Hoursand safety Standards Act (40 327-333), each contractor shall be required tocompute the wages of every mechanic and laborer based on a standard workweek of 40hours.

10 Work in excess of the standard workweek is permissible provided that the workeris compensated at a rate of not less than times the basic rate of pay for all hoursworked in excess of 40 hours in the 107of the Act is applicable toconstruction work and provides that no laborer or mechanic shall be required to work insurroundings or under working conditions, which are unsanitary, hazardous or dangerous. 41 60: The purpose of the regulations in this part is to achieve the aims ofPartsII, III, and IV of Executive Order 11246for the promotion and ensuring of equalopportunity for all persons, without regard to race, color, religion, sex, or national origin,employed or seeking employment with government contractors or with contractorsperforming under federally assisted construction contracts.