Contractors -- Test Your Knowledge!

Civil Rights Requirementson Federal-Aid

Transportation Contracts

How Much Do You Know?

Instructions All questions are based on federal

regulations as implemented through the ITD EEO & DBE plans, EEO Special Provisions, FHWA-1273, Training Special Provisions, and Tribal Requirements (when applicable).

Each question is either True or False. Choose your answer then click your

mouse to see if you are right or wrong. Federal Code and the ITD Plan

information is referenced at the end of the quiz.

Contact information is provided at the end of quiz.

True or False: The Idaho Transportation Department EEO Special Provisions are for the purpose of promoting minorities and females in the transportation industry.FALSE – To Provide Equal Employment Opportunity for all races.

True or False:Only the Prime Contractor is required to comply with the EEO Requirements included in the Idaho Transportation Department Contracts.

FALSE – All Contractors with contracts of $10,000 or more must comply.

True or False: U.S. Department of Transportation requires that the company EEO Policy include race, religion, sex, color, national origin, age, disability, veteran status, sexual orientation.FALSE - U.S. Department of Transportation does not require veteran status or sexual orientation. (U.S. Department of Labor requires Veteran Status.)

True or False:Only a Prime Contractor is required to have an EEO Officer.

FALSE – All Contractors must comply.

True or False? The Company EEO Officer must be identified to the Resident Engineer in writing; must have the responsibility for administering the company EEO program; and must have the authority to effectively promote an active company EEO program.TRUE

True or False?Companies are only required to provide information on their EEO Policy to employees who make hiring and termination decisions.

FALSE – Information must be provided to all company employees.

True or False?EEO information to supervisory personnel must be provided through written materials.FALSE – Companies must have documented meetings (agenda & sign-in sheets) and must have an indoctrination process for supervisors.

True or False?Office staff does not need instructions in company EEO program procedures.

TRUE – Unless they are involved in recruitment.

True or False?A company is not required to provide their EEO information to their general workforce.

FALSE – This is done through posters, documented meetings, indoctrination when hired, and can also be done with a company handbook.

True or False?Only a Prime Contractor is required to post their EEO Policy at the project site.FALSE – All Contractors must post a copy of their company EEO Policy at the project site. (For Sub-Contractors this is usually done on the Prime Contractor’s bulletin board with the required federal posters. )

It is also encouraged that companies post contact information for the Company EEO Officer.

True or False?Contractors are required to advertise for employees even if they have no hiring opportunities.FALSE – U.S. Department of Transportation regulations state: When a company advertises they will include the EEO statement in the advertisement and publish in areas that will reach minority groups.

True or False?Contractors only have to use the recruitment sources identified by the Idaho Transportation Department.FALSE – Federal regulations state that companies will conduct a systematic and direct recruitment through public and private sources likely to yield qualified minority applicants. Companies should also maintain walk-in and phone logs and solicit through current employees.

True or False?EEO requirements only have to cover hiring and terminations.

FALSE – They must also cover promotions, wages, working conditions, etc.

Companies should also be performing site inspections, supervisor evaluations, and employee interviews.

True or False?Contractors only have to deal with discrimination if they receive a complaint.

FALSE – A Contractor must deal with discrimination whenever it is found or suspected.

True or False?Contractors are required to have an internal investigation procedure for EEO issues.

FALSE – Regulations do not require this; however, ITD strongly encourages companies to have a process in place.

True or False? A company can not have trainees on the project unless the contract requires Training Special Provisions? FALSE – The Civil Rights Special Provisions state that the Contractors will when possible have trainees and make full use of training programs. Contractors are required to provide equal opportunity whereas with Training Special Provisions they are required to take affirmative action steps to try and place minorities and/or females into trainee positions.

True or False?Union Contractors are exempt from the EEO requirements?

FALSE - All Contractors with contracts of $10,000 or more must comply with the EEO requirements.

Union companies should be working with their unions to help to diversify the union pools.

True or False?Union Companies can not hire outside of the unions.

FALSE – The EEO Special Provisions state that if a Union is unable to provide a diversified flow of referrals, the Contractor will recruit through independent means.

True or False?Documentation of the Contractor’s EEO obligations must be maintained for 7 years.

FALSE – U.S. Department of Transportation requires that records be maintained for 3 years.

True or False?If there is no Disadvantaged Business Enterprise (DBE) Goal, the Prime Contractor has no obligation to solicit from minority and/or female group Sub-Contractors.FALSE – EEO regulations require that companies provide equal opportunity in all actions including their sub-contracting opportunities.

Companies must also pass on the EEO Special Provision requirements to any Sub-Contractor with a contract of $10,000 or more.

True or False?Only the Prime Contractor has to provide the FHWA-1391 Annual EEO Reporting Form.

FALSE - This report is required from all Contractors with contracts of $10,000 or more.

True or False?Only Prime Contractors are required to submit an ITD Bidders Registration Form.FALSE – All companies that participate or bid on ITD work must register on the ITD Bidders List by submitting an ITD-0005 Bidder’s Registration Form.

Companies must also update information annually on the ITD-0171 Bidder’s Registration Update Form.

True or False?The Prime Contractor must provide payment to all Sub-Contractors and/or Suppliers on work completed satisfactory, within 20 days from receipt of payment from ITD.TRUE – Progress payments are verified on ITD-2892 Certification of Payment Forms. Final payments are verified at the end of the project on ITD-2921 Certification of Payment Amounts Forms.

Requirement includes payments between Sub-Contractors and Sub-Sub-Contractors and/or Suppliers if relevant.

True or FalsePrime Contractors must provide retainage to the Sub-Contractors within a reasonable amount of time after ITD has signed off on the project.FALSE – As with progress payments retainage must be passed on within 20 days from the time the Sub-Contractor has completed all contract conditions satisfactorily. Verification is made on ITD-2892 Certification of Payment Forms.

This also applies with Sub-Sub-Contractors.

True or False?When the project includes Training Special Provisions (TSP) the Prime Contractor must provide a copy of the training programs to be used and a schedule of how the TSP hours will be met prior to the start of the project work.

TRUE

True or False?A Contractor must use either a Union or USDOL training program to meet the TSP requirement.

FALSE - A company may develop an in-house program based on ITD standards. In-house programs must be approved by the Resident Engineer, ITD External EEO Office and FHWA before the trainee starts work.

Union and USDOL programs are considered as pre-approved for meeting TSP.

True or False?Trainees can not be counted towards the TSP requirements until the Trainee Agreement Form is approved by the Resident Engineer.

TRUE

True or False?A Prime Contractor must meet the TSP requirement with their own workforce.

FALSE – TSP hours can be sub-contracted however, the Prime Contractor retains the responsibility of meeting the requirements. This includes training programs, schedules, and approval of trainees.

True or False:When a project is located on a reservation, the Contractor must establish a TERO Agreement with the Tribe before work can start.

TRUE – A copy of the TERO Agreement must be provided to the ITD Resident Engineer prior to the start of the work.

True or False?A tribe can not take any action against a Contractor for non-compliance with their TERO Agreement without ITD approval.FALSE – Tribe has full authority on the reservation.

Reference to Federal Codes

and ITD Plans 23 CFR Part 230 - Appendix A to Subpart A Special Provisions Specific Equal Employment Opportunity Responsibilities

49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs

ITD EEO Contract Compliance Plan

ITD DBE Plan

ITD Contract Requirements

ITD EEO Special Provisions FHWA-1273 Required Contract

Provisions Federal-Aid Construction Contracts

Training Special Provisions (if applicable)

TERO Requirements (if applicable)

For Questions and/or Concerns Contact

Russell Rivera

EEO Contract Compliance Officer3311 W. State Street

P.O. Box 7129

Boise, Idaho 83703-1129

Phone: (208) 334-8152

Fax: (208) 332-7812

Russ.Rivera@itd.idaho.gov