DOT 23 CFR PART 230-2011 EXTERNAL PROGRAMS.pdf

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1、30 23 CFR Ch. I (4111 Edition) 200.11 (13) Establishing procedures for pregrant and postgrant approval re-views of State programs and applicants for compliance with Title VI require-ments; i.e., highway location, design and relocation, and persons seeking contracts with the State. (14) Establish pro

2、cedures to identify and eliminate discrimination when found to exist. (15) Establishing procedures for promptly resolving deficiency status and reducing to writing the remedial action agreed to be necessary, all with-in a period not to exceed 90 days. 200.11 Procedures for processing Title VI review

3、s. (a) If the regional Title VI review re-port contains deficiencies and rec-ommended actions, the report shall be forwarded by the Regional Federal Highway Administrator to the Division Administrator, who will forward it with a cover letter to the State high-way agency for corrective action. (b) Th

4、e division office, in coordina-tion with the Regional Civil Rights Of-ficer, shall schedule a meeting with the recipient, to be held not later than 30 days from receipt of the deficiency re-port. (c) Recipients placed in a deficiency status shall be given a reasonable time, not to exceed 90 days aft

5、er receipt of the deficiency letter, to voluntarily correct deficiencies. (d) The Division Administrator shall seek the cooperation of the recipient in correcting deficiencies found during the review. The FHWA officials shall also provide the technical assistance and guidance needed to aid the recip

6、i-ent to comply voluntarily. (e) When a recipient fails or refuses to voluntarily comply with require-ments within the time frame allotted, the Division Administrator shall sub-mit to the Regional Administrator two copies of the case file and a rec-ommendation that the State be found in noncomplianc

7、e. (f) The Office of Civil Rights shall re-view the case file for a determination of concurrence or noncurrence with a recommendation to the Federal High-way Administrator. Should the Federal Highway Administrator concur with the recommendation, the file is re-ferred to the Department of Transpor-ta

8、tion, Office of the Secretary, for ap-propriate action in accordance with 49 CFR. PART 230EXTERNAL PROGRAMS Subpart AEqual Employment Opportunity on Federal and Federal-Aid Construc-tion Contracts (Including Supportive Services) Sec. 230.101 Purpose. 230.103 Definitions. 230.105 Applicability. 230.1

9、07 Policy. 230.109 Implementation of specific Equal Employment Opportunity requirements. 230.111 Implementation of special require-ments for the provision of on-the-job training. 230.113 Implementation of supportive serv-ices. 230.115 Special contract requirements for Hometown or Imposed Plan areas.

10、 230.117 Reimbursement procedures (Federal- aid highway construction projects only). 230.119 Monitoring of supportive services. 230.121 Reports. APPENDIX A TO SUBPART A OF PART 230SPE-CIAL PROVISIONS APPENDIX B TO SUBPART A OF PART 230 TRAINING SPECIAL PROVISIONS APPENDIX C TO SUBPART A OF PART 230F

11、ED-ERAL-AID HIGHWAY CONTRACTORS ANNUAL EEO REPORT (FORM PR1391) APPENDIX D TO SUBPART A OF PART 230FED-ERAL-AID HIGHWAY CONSTRUCTION SUM-MARY OF EMPLOYMENT DATA (FORM PR 1392) APPENDIXES EF TO SUBPART A OF PART 230 RESERVED APPENDIX G TO SUBPART A OF PART 230SPE-CIAL REPORTING REQUIREMENTS FOR HOMET

12、OWN OR IMPOSED PLAN AREAS Subpart BSupportive Services for Minor-ity, Disadvantaged, and Women Busi-ness Enterprises 230.201 Purpose. 230.202 Definitions. 230.203 Policy. 230.204 Implementation of supportive serv-ices. 230.205 Supportive services funds obligation. 230.206 Monitoring supportive servi

13、ces. 230.207 Sources of assistance. Subpart CState Highway Agency Equal Employment Opportunity Programs 230.301 Purpose. 230.303 Applicability. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHS

14、Not for ResaleNo reproduction or networking permitted without license from IHS-,-,-31 Federal Highway Administration, DOT 230.103 230.305 Definitions. 230.307 Policy. 230.309 Program format. 230.311 State responsibilities. 230.313 Approval procedure. APPENDIX A TO SUBPART C OF PART 230 STATE HIGHWAY

15、 AGENCY EQUAL EMPLOY-MENT OPPORTUNITY PROGRAMS Subpart DConstruction Contract Equal Opportunity Compliance Procedures 230.401 Purpose. 230.403 Applicability. 230.405 Administrative responsibilities. 230.407 Definitions. 230.409 Contract compliance review proce-dures. 230.411 Guidance for conducting

16、reviews. 230.413 Review reports. 230.415 Consolidated compliance reviews. APPENDIX A TO SUBPART D OF PART 230SAM-PLE SHOW CAUSE NOTICE APPENDIX B TO SUBPART D OF PART 230SAM-PLE CORRECTIVE ACTION PLAN APPENDIX C TO SUBPART D OF PART 230SAM-PLE SHOW CAUSE RESCISSION APPENDIX D TO SUBPART D OF PART 23

17、0 EQUAL OPPORTUNITY COMPLIANCE REVIEW PROCESS FLOW CHART AUTHORITY: 23 U.S.C. 101, 140, and 315; 42 U.S.C. 2000d et seq.; 49 CFR 1.48 and 601. SOURCE: 40 FR 28053, July 3, 1975, unless otherwise noted. Subpart AEqual Employment Opportunity on Federal and Federal-Aid Construction Contracts (Including

18、 Sup-portive Services) 230.101 Purpose. The purpose of the regulations in this subpart is to prescribe the policies, procedures, and guides relative to the implementation of an equal employ-ment opportunity program on Federal and Federal-aid highway construction contracts, except for those contracts

19、 awarded under 23 U.S.C. 117, and to the preparation and submission of reports pursuant thereto. 230.103 Definitions. For purposes of this subpart Administrator means the Federal Highway Administrator. Areawide Plan means an affirmative action plan to increase minority utili-zation of crafts in a sp

20、ecified geo-graphical area pursuant to Executive Order 11246, and taking the form of ei-ther a Hometown or an Imposed plan. Bid conditions means contract re-quirements which have been issued by OFCC for purposes of implementing a Hometown Plan. Division Administrator means the chief Federal Highway

21、Administration (FHWA) official assigned to conduct FHWA business in a particular State, the District of Columbia, or the Com-monwealth of Puerto Rico. Division Equal Opportunity Officer means an individual with staff level re-sponsibilities and necessary authority by which to operate as an Equal Opp

22、or-tunity Officer in a Division office. Nor-mally the Equal Opportunity Officer will be a full-time civil rights spe-cialist serving as staff assistant to the Division Administrator. Hometown Plan means a voluntary areawide plan which was developed by representatives of affected groups (usu-ally lab

23、or unions, minority organiza-tions, and contractors), and subse-quently approved by the Office of Fed-eral Contract Compliance (OFCC), for purposes of implementing the equal employment opportunity requirements pursuant to Executive Order 11246, as amended. Imposed Plan means an affirmative action re

24、quirement for a specified geo-graphical area made mandatory by OFCC and, in some areas, by the courts. Journeyman means a person who is capable of performing all the duties within a given job classification or craft. State highway agency means that de-partment, commission, board, or offi-cial of any

25、 State charged by its laws with the responsibility for highway construction. The term State should be considered equivalent to State highway agency. Suggested minimum annual training goals means goals which have been as-signed to each State highway agency annually for the purpose of specifying train

26、ing positions on selected Federal- aid highway construction projects. Supportive services means those serv-ices provided in connection with ap-proved on-the-job training programs for highway construction workers and VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010

27、Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-32 23 CFR Ch. I (4111 Edition) 230.105 highway contractors which are de-signed to increase the overall effective-ness of training programs throug

28、h the performance of functions determined to be necessary in connection with such programs, but which are not gen-erally considered as comprising part of actual on-the-job craft training. Trainee means a person who received on-the-job training, whether through an apprenticeship program or other prog

29、rams approved or accepted by the FHWA. 40 FR 28053, July 3, 1975, as amended at 41 FR 3080, Jan. 21, 1976 230.105 Applicability. (a) Federal-aid highway construction projects. This subpart applies to all Federal-aid highway construction projects and to Appalachian highway construction projects and o

30、ther State supervised cooperative highway con-struction projects except: (1) Federal-aided highway construc-tion projects being constructed pursu-ant to 23 U.S.C. 117; and (2) Those projects located in areas where the Office of Federal Contract Compliance has implemented an Im-posed or a Hometown Pl

31、an, except for those requirements pertaining to specific provisions involving on-the-job training and those provisions per-taining to supportive services and re-porting requirements. (b) Direct Federal highway construction projects. This subpart applies to all di-rect Federal highway construction pr

32、ojects except: (1) For those provisions relating to the special requirements for the provi-sion of supportive services; and (2) For those provisions relating to implementation of specific equal em-ployment opportunity requirements in areas where the Office of Federal Con-tract Compliance has impleme

33、nted an Imposed or Hometown plan. 230.107 Policy. (a) Direct Federal and Federal-aid highway construction projects. It is the policy of the FHWA to require that all direct Federal and Federal-aid highway construction contracts include the same specific equal employment oppor-tunity requirements. It

34、is also the pol-icy to require that all direct Federal and Federal-aid highway construction subcontracts of $10,000 or more (not in-cluding contracts for supplying mate-rials) include these same requirements. (b) Federal-aid highway construction projects. It is the policy of the FHWA to require full

35、 utilization of all available training and skill-improvement oppor-tunities to assure the increased partici-pation of minority groups and dis-advantaged persons and women in all phases of the highway construction in-dustry. Moreover, it is the policy of the Federal Highway Administration to en-coura

36、ge the provision of supportive services which will increase the effec-tiveness of approved on-the-job train-ing programs conducted in connection with Federal-aid highway construction projects. 230.109 Implementation of specific Equal Employment Opportunity re-quirements. (a) Federal-aid highway cons

37、truction projects. The special provisions set forth in appendix A shall be included in the advertised bidding proposal and made part of the contract for each con-tract and each covered Federal-aid highway construction subcontract. (b) Direct Federal highway construction projects. Advertising, award

38、and con-tract administration procedures for di-rect Federal highway construction con-tracts shall be as set forth in Federal Acquisition Regulations (48 CFR, chap-ter 1, section 22.803(c). In order to ob-tain information required by 48 CFR, chapter 1, 22.8042(c), the following re-quirement shall be

39、included at the end of the bid schedule in the proposal and contract assembly: I expect to employ the following firms as subcontractors on this project: (Naming sub-contractors at this time does not constitute a binding commitment on the bidder to re-tain such subcontractors, nor will failure to ent

40、er names affect the contract award): Name llllllllllllllllllllAddress lllllllllllllllllllName llllllllllllllllllllAddress lllllllllllllllllll40 FR 28053, July 3, 1975, as amended at 51 FR 22800, June 23, 1986 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:SGML2

41、23076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-33 Federal Highway Administration, DOT 230.111 230.111 Implementation of special re-quirements for the provision of on- the-job training. (a) The State

42、highway agency shall determine which Federal-aid highway construction contracts shall include the Training Special Provisions (ap-pendix B) and the minimum number of trainees to be specified therein after giving appropriate consideration to the guidelines set forth in 230.111(c). The Training Specia

43、l Provisions shall su-persede section 7(b) of the Special Pro-visions (appendix A) entitled Specific Equal Employment Opportunity Re-sponsibilities. Minor wording revi-sions will be required to the Training Special Provisions in areas having Hometown or Imposed Plan re-quirements. (b) The Washington

44、 Headquarters shall establish and publish annually suggested minimum training goals. These goals will be based on the Fed-eral-aid apportioned amounts and the minority population. A State will have achieved its goal if the total number of training slots on selected federally aided highway constructi

45、on contracts which have been awarded during each 12-month period equals or exceeds the States suggested minimum annual goal. In the event a State highway agency does not attain its goal during a calendar year, the State highway agency at the end of the calendar year shall inform the Administrator of

46、 the reasons for its inability to meet the suggested minimum number of training slots and the steps to be taken to achieve the goal during the next cal-endar year. The information is to be submitted not later than 30 days from the end of the calendar year and should be factual, and should not only i

47、ndi-cate the situations occurring during the year but show the project condi-tions at least through the coming year. The final determination will be made on what training goals are considered to be realistic based on the information submitted by a State. (c) The following guidelines shall be utilize

48、d by the State highway agency in selecting projects and determining the number of trainees to be provided training therein: (1) Availability of minorities, women, and disadvantaged for training. (2) The potential for effective train-ing. (3) Duration of the contract. (4) Dollar value of the contract

49、. (5) Total normal work force that the average bidder could be expected to use. (6) Geographic location. (7) Type of work. (8) The need for additional journey-men in the area. (9) Recognition of the suggested min-imum goal for the State. (10) A satisfactory ratio of trainees to journeymen expected to be on the contractors work force during normal operations (considered to fall betw