11-Equal Employment Opportunity Provisions.pdf
PDF 182 KB Posted
- Solicitation number
- 2027-17
- Issued by
- Multnomah County, Oregon
About this file
This is an Equal Employment Opportunity Provisions document for the Oregon Department of Transportation (ODOT) related to the 181st Ave Safety Upgrades project from SE Stark Street to E Burnside Street. The project involves sidewalk construction, paving, storm drainage, street lighting, interconnect work, and utility undergrounding. The provisions establish federal compliance requirements under Section 140 of Title 23, United States Code, and incorporate 23 CFR Part 230, Subpart D standards. Contractors and subcontractors must submit written notification to ODOT's Chief Engineer within two weeks of any construction subcontract award exceeding $10,000, including subcontractor identification, estimated dollar amounts, project timelines, and work location details. Monthly employment utilization reports on Form 731-0668 must be submitted by all contractors and subcontractors requiring certified payrolls, and annual reports using Form FHWA-1391 are due each July to ODOT's Office of Equity and Civil Rights.
ODOT maintains vigorous monitoring through monthly meetings reviewing employment utilization reports and quarterly reviews of contractor Good Faith Efforts to ensure compliance with non-discrimination and affirmative action requirements. Contractors must either meet established craft goals for minority and women representation or demonstrate Good Faith Efforts toward those objectives as specified in the On-Site Workforce Affirmative Action Requirements. The Agency has authority to issue Show Cause Notices for non-compliance, requiring contractors to respond within 30 calendar days and implement corrective action agreements or face withholding of project progress payments. Contractors found in breach of EEO provisions on two or more occasions may have their prequalification certification revoked and must demonstrate compliance before reinstatement.
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Text version
CONTRACT NO._____________________ Fed Project Bid Book (REV. 6/2026) PROJECT: 181st Ave Safety Upgrades: SE Stark St to E Burnside St
PAGE: 44
(C) Equal Employment Opportunity Provisions
Equal Employment Opportunity Provisions Page 1 09-01-23
SP00023_EEO_PROV
EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS
As used in these provisions, "Engineer" means the Chief Engineer of the Oregon Department of Transportation acting either directly or through authorized representatives. "Good Faith Efforts" means "affirmative action measures designed to implement the established objectives of an Affirmative Action Plan" 23 CFR 230.407(o).
Section 140 of Title 23, United States Code, EQUAL EMPLOYMENT OPPORTUNITY, as in effect on May 1, 1982, is incorporated by this reference and made a part of these provisions.
Written Notification
The Contractor shall provide to the Engineer within two weeks of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation written notification with the following information: the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
The Contractor shall provide immediate written notification to the Engineer when (1) the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor minorities or women that the Contractor sent to the union, or (2) the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its equal opportunity obligations. This is in addition to the notification required in item 7d in the "On-Site Workforce Affirmative Action Requirements for Women and Minorities on Federal-Aid Contracts".
Monthly Report
The Contractor and each Subcontractor (on contracts that require certified payrolls) shall submit each month to the Engineer a "Monthly Employment Utilization Report" (Form 731-0668). The electronic form is available at:
https://www.oregon.gov/ODOT/Business/OCR/Pages/Forms.aspx
Annual Report
Each July for the duration of the Project, each Contractor and Subcontractor shall submit Form FHWA-1391. This report shall be sent directly to the ODOT Office of Equity and Civil Rights.
Equal Employment Opportunity Provisions Page 2
SP00023_EEO_PROV
PURSUANT TO 23 CFR PART 230, SUBPART D, THE STATE HIGHWAY AGENCY HAS
A RESPONSIBILITY TO ASSURE COMPLIANCE BY CONTRACTORS WITH THE
REQUIREMENTS OF FEDERAL-AID CONSTRUCTION CONTRACTS, 23 CFR 230.405(b).
THEREFORE, THE STATE HIGHWAY AGENCY HAS THE FOLLOWING OBLIGATIONS
CONCERNING MONITORING AND COMPLIANCE, INCLUDING SHOW CAUSE NOTICE
REQUIREMENTS.
Monitoring and Compliance
The Agency will maintain a vigorous monitoring process to ensure nondiscrimination and affirmative action on all federally funded Projects. Monitoring shall include at a minimum, monthly meetings to review the "Monthly Employment Utilization Report" (Form 731-0668) with the Contractor's Equal Employment Opportunity (EEO) Officer and quarterly reviews of the Contractor's Good Faith Efforts as outlined in FHWA 1273.
The Agency shall determine the Contractor's compliance with equal opportunity requirements including:
• Non-discrimination in selection and retention of subcontractors, material suppliers and vendors;
• Maintenance of non-segregated facilities;
• Adequate representation and utilization of minorities and women (by craft and trade) in the Contractor's workforce;
• Good Faith Efforts in meeting on-the-job training and training special provisions contained in FHWA 1273;
• Fair treatment in all terms and conditions of employment; and,
• Adherence (where applicable) to Indian preference provisions.
If the Agency or the FHWA becomes aware of any possible violations of Executive Order 11246 or 41 CFR 60, each has the authority and the responsibility to notify the Office of Federal Contract Compliance Programs. The Contractor has the responsibility either to meet all the craft goals set forth in the applicable "Covered Area" of "On-Site Workforce Affirmative Action Requirements for Women and Minorities on Federal-Aid Contracts" or demonstrate Good Faith Efforts to meet these goals (as specified in paragraphs 7a through 7p of the "On-Site Workforce Affirmative Action Requirements for Women and Minorities on Federal-Aid Contracts").
Show Cause Notice
If an investigation or review reveals that a Contractor or Subcontractor has not complied with these EEO Provisions, the Agency shall issue a Show Cause Notice to initiate efforts to bring the Contractor or Subcontractor into compliance. This written notice shall state the deficiencies found during the review, and shall advise the Contractor or Subcontractor to show cause within 30 Calendar Days why the Agency shall not impose administrative
Equal Employment Opportunity Provisions Page 3
SP00023_EEO_PROV
sanctions. The Contractor or Subcontractor must then show good cause or must provide an acceptable agreement for corrective action within 30 Calendar Days.
If the Contractor or Subcontractor does not provide this information by the end of the 30 Calendar Days, the Engineer shall withhold all project progress payments in process as of the date the Show Cause Notice was issued and will continue to withhold project progress payments until the Contractor or Subcontractor responds in an acceptable manner. If the Contractor or Subcontractor fails to meet the conditions of the corrective action agreement, no further Show Cause Notice is required; the Agency shall immediately initiate enforcement proceedings.
If a Contractor's prequalification certification is revoked or disqualified because the Contractor has been found on at least two occasions to be in breach of these EEO Provisions of Federal-Aid highway construction contracts, the Contractor must be determined to be in compliance with these EEO Provisions prior to the Contractor's prequalification certificate being reinstated.
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