Contract Compliance

All contractors and subcontractors on PennDOT federal-aid projects ≥ $10,000 must comply with the Required Contract Provision Federal-Aid Construction Contracts, Form FHWA 1273. The form is in the Designated Special Provision #8 of all federal-aid PennDOT contracts ≥ $10,000. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1934. As amended (42 U.S.C. 2000d et seq.) and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

Contractors and subcontractors must use good faith efforts (GFE) to meet specific affirmative action goals under Executive Order 11246. The Executive Order 11246 is located in the Designated Special Provision #12 of all federal-aid PennDOT contracts > $10,000. The workforce utilization goals for women and minorities throughout Pennsylvania are determined by geographic regions and is published in the Federal Register by the Office of Federal Contract Compliance Program (OFCCP). Although these goals are not treated as quotas, PennDOT provides them as targets for contractor and subcontractor recruitment and outreach efforts. 

Executive Order 11246 applies to all federal-aid contracts >$10,000. Due to this, the OFCCP has programs to enforce contractor compliance as it pertains to Title 41 Code of Federal Regulations Chapter 60; Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA), as amended.

OFCCP has 16 affirmative action steps that contractors and subcontractors must follow to demonstrate GFE in the workplace. If a contractor is audited by PennDOT's Contract Compliance Division, or OFCCP, both agencies will look for evidence that demonstrates each of these 16 affirmative action steps were followed. This information is essential for contractors to know and understand, to ensure equal employment opportunity on the work site.

When a contractor cannot achieve its goals through the hiring of women and minorities, it must produce adequate documentation to prove its GFEs. GFEs are designed to support consistency in equal opportunity laws, through positive working experiences, aggressive recruitment efforts, and continuous result-oriented measures.

PennDOT will consider all contractors' documentation of GFEs on a case-by-case basis, taking into account certain considerations.