Form A-1244 "Nmdot Civil Rights/EEO Pre-construction Conference Outline" - New Mexico

What Is Form A-1244?

This is a legal form that was released by the New Mexico Department of Transportation - a government authority operating within New Mexico. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on April 1, 2015;
  • The latest edition provided by the New Mexico Department of Transportation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form A-1244 by clicking the link below or browse more documents and templates provided by the New Mexico Department of Transportation.

ADVERTISEMENT
ADVERTISEMENT

Download Form A-1244 "Nmdot Civil Rights/EEO Pre-construction Conference Outline" - New Mexico

Download PDF

Fill PDF online

Rate (4.4 / 5) 34 votes
Page background image
Form A-1244
Rev: 04/15 CCRB
NMDOT
Civil Rights/EEO Pre-Construction
Conference Outline
(CR-EEO Precon Outline)
(This Civil Rights/EEO Precon Outline applies to NMDOT or Local Public Agency (LPA) lead federal-aid projects)
1. Civil Rights/Equal Employment Opportunity (EEO) Opening Statement
(Read Out Loud)
“The New Mexico Department of Transportation is committed to ensuring equal employment
opportunity on all federal-aid highway construction contracts; and shall partner and work
cooperatively with the Federal Highway Administration (FHWA) and the construction contractor to
ensure compliance with all federal Civil Rights and Equal Employment Opportunity laws, regulations
and statutes.
Title VI of the Civil Rights Act of 1964 makes it a Policy of the United States that discrimination will
not occur in programs and activities receiving Federal Funds. This project contains federal funding.
Therefore, as the Prime Contractor awarded this NMDOT federal-aid construction contract, you are
mandated to abide by all Civil Rights and EEO obligations of the Contract. As a Federal Recipient and
as a condition of contract award, the prime contractor and its subcontractors affirm that they will
carry out all Civil Rights/EEO obligations and will work with the NMDOT and the FHWA in their
review of its Civil Rights/EEO activities under this contract.
In the Civil Rights/EEO portion of the Precon, we will discuss specific Contractor Civil Rights/EEO
Compliance Requirements of the Contract, including:
A. Equal Employment Opportunity (EEO) and Affirmative Action (AA)
B. Labor Compliance (LC)
C. EEO and Labor Compliance Interviews
D. Disadvantaged Business Enterprise Program (DBE)
E. Americans with Disabilities Act Program (if applicable to this project).
We will also discuss timelines for various submittals, mandatory use of the Department’s LCPtracker
and B2Gnow software, and non-compliance procedures.
This outline contains a great deal of information pertaining to contractor requirements under each
of the various programs. It is not meant to cover all Civil Rights/EEO requirements. I (PM) will be
covering a few pertinent points under each program area. The remaining items are for your
(Contractor’s) information and reference.
I encourage the contractor to ask questions as we cover the various areas so that there is a clear
understanding of the Civil Rights/EEO requirements under the contract and how the NMDOT or
LPA will administer compliance oversight of these Contractor Compliance requirements.”
Page 1 of 10
A-1244_EEOPreconOutline_20140408.doc
Form A-1244
Rev: 04/15 CCRB
NMDOT
Civil Rights/EEO Pre-Construction
Conference Outline
(CR-EEO Precon Outline)
(This Civil Rights/EEO Precon Outline applies to NMDOT or Local Public Agency (LPA) lead federal-aid projects)
1. Civil Rights/Equal Employment Opportunity (EEO) Opening Statement
(Read Out Loud)
“The New Mexico Department of Transportation is committed to ensuring equal employment
opportunity on all federal-aid highway construction contracts; and shall partner and work
cooperatively with the Federal Highway Administration (FHWA) and the construction contractor to
ensure compliance with all federal Civil Rights and Equal Employment Opportunity laws, regulations
and statutes.
Title VI of the Civil Rights Act of 1964 makes it a Policy of the United States that discrimination will
not occur in programs and activities receiving Federal Funds. This project contains federal funding.
Therefore, as the Prime Contractor awarded this NMDOT federal-aid construction contract, you are
mandated to abide by all Civil Rights and EEO obligations of the Contract. As a Federal Recipient and
as a condition of contract award, the prime contractor and its subcontractors affirm that they will
carry out all Civil Rights/EEO obligations and will work with the NMDOT and the FHWA in their
review of its Civil Rights/EEO activities under this contract.
In the Civil Rights/EEO portion of the Precon, we will discuss specific Contractor Civil Rights/EEO
Compliance Requirements of the Contract, including:
A. Equal Employment Opportunity (EEO) and Affirmative Action (AA)
B. Labor Compliance (LC)
C. EEO and Labor Compliance Interviews
D. Disadvantaged Business Enterprise Program (DBE)
E. Americans with Disabilities Act Program (if applicable to this project).
We will also discuss timelines for various submittals, mandatory use of the Department’s LCPtracker
and B2Gnow software, and non-compliance procedures.
This outline contains a great deal of information pertaining to contractor requirements under each
of the various programs. It is not meant to cover all Civil Rights/EEO requirements. I (PM) will be
covering a few pertinent points under each program area. The remaining items are for your
(Contractor’s) information and reference.
I encourage the contractor to ask questions as we cover the various areas so that there is a clear
understanding of the Civil Rights/EEO requirements under the contract and how the NMDOT or
LPA will administer compliance oversight of these Contractor Compliance requirements.”
Page 1 of 10
A-1244_EEOPreconOutline_20140408.doc
Form A-1244
Rev: 04/15 CCRB
2. Request Required Civil Rights/EEO Submittals
The following is a general list of required CR-EEO submittals to be obtained from the Contractor.
A.  - Form A-1237 Civil Rights/EEO Pre-Construction Report (completed by Contractor)
B.  - Company EEO Policy Statement
C.  - Letter Designating Company EEO Officer on Company Letterhead
D.  - Minority Group/Female Referral and Contact Letters
E.  - Letter of Indoctrination of Supervisory Personnel in Company EEO Policy
F.
 - Department of Workforce Solutions (DWS) Notice of Award Form and attached
Subcontractors List
G.  - Department of Workforce Solutions Statement of Intent to Pay Prevailing Wages
3. Fill Out Form A-1237 Civil Rights/EEO Pre-Construction Report
(This form is part of the submittals required of the Contractor at the Precon)
A. Fill in any portion of the Pre-Construction Report not filled in by the Contractor
B. Make a notation in the comments section of any items required of the Contractor.
C. Verify that the Report signed by the Contractor.
4. Discussion of General EEO Requirements
A. Contractor EEO Responsibilities –
(Read Part A Out Loud)
1) The Contractor is responsible for compliance with all Equal Employment Opportunity
requirements of the contract and the NMDOT Contract Compliance Program Manual.
2) The objective of EEO is to ensure nondiscrimination and provide Affirmative Action on the
basis of race, color, religion, national origin, age, handicap or sex on this federal-aid
construction project as required by the regulations (Executive Order 11246, as amended and
23 USC 140 and its implementing regulations at 23 CFR 230, subparts A and D., and FHWA-
1273).
B. Contractor Responsible for Subs - The Contractor is responsible for ensuring its subcontractors
comply with all Civil Rights and EEO requirements of the contract.
C. EEO Policy– FHWA-1273 II.1. –
(The contractors EEO Policy should be submitted to the PM prior to or at the
Precon)
The Contractor is required to have an EEO Policy established and implemented before the start
of the project.
The EEO Policy must be posted on the Project Bulletin Board
D. Contractor Designated EEO Officer – Based on its submittal, the Contractor has designated the
following individual(s) as its EEO Officer(s).
Company EEO Officer
Project EEO Officer
The EEO Officer(s) shall be responsible for and capable of effectively administering and promoting
an active contractor program of EEO and shall be assigned adequate authority and responsibility
to do so.
Page 2 of 10
A-1244_EEOPreconOutline_20140408.doc
Form A-1244
Rev: 04/15 CCRB
E. Goals for Minority and Female Participation – The Notice of Requirement for Affirmative Action
to Ensure Equal Employment Opportunity (Executive Order 11246) specify goals and timetables
for minority and female participation in each trade on the project by County. The goals are;
1) Goal for female participation in each trade is, all Counties:
6.9%
2) The majority of this project is located in
County.
3) Goal for minority participation in each trade is:
________%
The Contractor shall make a good faith effort to meet the above listed goals.
F. Dissemination of Contractor’s EEO Policy – The Contractor is required to ensure that all of its
employees who have an active role in the hiring, supervision, or advancement of its employees
are aware of and implement the companies EEO Policy and EEO Contract Provisions. The
contractor shall also disseminate its EEO Policy to all employees through meetings, handbooks,
and other appropriate means. As a minimum, the Contractor will take the following actions:
1) EEO Officer shall Indoctrinate Supervisory and Personnel Office employees in the Company
EEO Policy within 30 days of the start of the Project.
2) Conduct periodic EEO Meetings of Supervisory and Personnel Office employees every 6
months – (Invite NMDOT or LPA Staff to attend)
3) Indoctrinate Recruitment Personnel in company procedures for locating and hiring minority
and female employees.
4) Disseminate EEO Policy through Notices and Posters and other means.
5) Place EEO Policy on Project Bulletin Board.
G. Nondiscrimination in Contractor Recruitment Practices, Contractor Personnel Actions, Training
and Promotion, Selection of Subcontractors, Procurement of Materials and Leasing Equipment
(FHWA-1273 II.4.-9.) – The following bullet points summarize specific nondiscrimination
requirements of the Contract.
1) The Contractor is prohibited from discriminating in its employment and recruitment
practices
2) The Contractor is required to take affirmative action to identify sources of potential minority
and women employees.
3) The Contractor is required to advise employees and applicants of training programs
available.
4) The Contractor’s EEO policy also pertains to its selection of subcontractors.
5) The Contractor shall document its activities with regard to requirements of this section.
H. Contractor EEO Records and Reports – The Contractor shall prepare and maintain records that
document compliance with the EEO Policy and requirements of the Contract.
These records should include documentation of EEO meetings; the numbers of minority,
women, and non-minority employees in each work classification on the project; and the
progress and effort being made to increase the employment opportunities for minority and
women.
1) Make records available for inspection - Such records shall be available at reasonable times
and places for inspection by authorized representatives of the NMDOT, FHWA, DOL or
Contracting Agency.
2) Maintain records for a period of 3 years after project completion.
Page 3 of 10
A-1244_EEOPreconOutline_20140408.doc
Form A-1244
Rev: 04/15 CCRB
3) PR-1391 Annual EEO Report - The Contractor and its subcontractors are required to submit an
annual EEO report (PR-1391) to the NMDOT each July, for the duration of the project. The
Contractor may generate a PR-1391 using the LCPtracker Software and submit the LCPtracker
generated report. Monthly submittals of the PR-1391 are no longer required.
I. Non-segregated Facilities – The Contractor and all subcontractors shall maintain non-segregated
facilities as per FHWA 1273, III.
J. EEO Non-Compliance –
(Read Out Loud)
1) The PM will notify the Contractor in writing of any EEO non-compliance issues and will
provide the contractor with a reasonable time for corrective action.
2) Non-Compliance with contract EEO requirements may result in withholding of progress
payments.
3) FHWA-1273, I.3 identifies grounds for debarment for a breach of any of the contract clauses
as listed in the paragraph including certain EEO requirements.
K. Bulletin Board, Notices, Posters
1) Erect and Maintain Bulletin Board - The Contractor is required to erect and maintain a
project bulletin board. The Bulletin Board with all required documents shall be erected
prior to the start of construction. The Bulletin Board shall be maintained in a presentable
manner for the life of the project.
In those instances when an on-site project bulletin board is not feasible, the
contractor shall create a project bulletin board notebook containing all required
documents. This notebook shall be readily accessible to all employees and shall be
available on site and kept in the superintendents or foremen’s vehicle or other
convenient location for use by its employees. The Project Manager shall approve
the use of a Bulletin Board Notebook in lieu of a project Bulletin Board at the
contractors request and in only those instances in which it is not feasible or
practical to locate the Bulletin Board at the site of work.
2) Location of Bulletin Board - The Bulletin Board shall be placed in a conspicuous location on
the project or in close proximity to the project readily accessible to employees, applicants
for employment, or potential employees.
Where will the Project Bulletin Board Be Located?
3) Required Notices and Posters –
a) Contractor is required to post certain Notices, Posters and EEO Documents on the Bulletin
Board as indicated on Form A-1245 Bulletin Board Checklist for Federal-Aid Projects.
b) Contractor shall maintain Bulletin Board Items in a presentable manner for the life of
the project.
c) The required posters and bulletin board checklists may be obtained by the Contractor
online from the NMDOT CCRB Website located at http://dot.state.nm.us, or by
contacting the NMDOT Office of Equal Employment Opportunity at 505-827-1774.
4) Inspection of Bulletin Board - The NMDOT or LPA Project Manager or designee will inspect
Page 4 of 10
A-1244_EEOPreconOutline_20140408.doc
Form A-1244
Rev: 04/15 CCRB
the Project Bulletin Board within the first two weeks of the start of construction then
periodically during the course of the project to verify that all required EEO and Labor
Compliance notices and posters are present. The Contractor will be notified of any items
needing corrective action.
5) Inform Employees - The Contractor shall notify all of its employees of the information
contained on the Bulletin Board. The Prime Contractor is responsible to ensure all
personnel, including Subcontractors, know where the bulletin board is located.
5. Discussion of Labor Compliance Requirements
A. Davis-Bacon Act and all related Acts - The Contractor and all subcontractors shall abide by all
Labor Compliance Requirements of the Contract including the Davis-Bacon Act and all related Acts.
(FHWA-1273 IV, V.)
B. Covered Employees – The Davis-Bacon Act and Minimum wage requirements apply to all
Contractor and Subcontractor laborers and mechanics working at the site of work or working off-
site at facilities dedicated exclusively and located adjacent or virtually adjacent to the actual
construction site.
C. Wage Decision - The Contract contains both a State and Federal Wage Decision. Whenever
differences exist between the minimum wage rates shown under the federal or state wage
decision, the higher wage rate for the classification shall govern. The wage rate is the
combined wage and fringe rates.
D. Rate of Pay – No laborer or mechanic shall receive less than the prevailing wage rate including
fringe benefits as indicated in the Wage Decision for the classification of work being performed
unless the laborer or mechanic is in an approved apprenticeship or training program.
E. Payroll Records – Payroll records shall be maintained for each covered employee on the
project. The weekly payrolls are to include information on employees and wages in order to
comply with the Davis-Bacon or “Little Davis-Bacon” requirements of the contract. The
payrolls submitted shall set out accurately and completely all of the information required to be
maintained under FHWA-1273 IV.3 and the NM Public Works Minimum Wage Act including;
employee name, employee identification number, ethnicity, gender, classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made, and actual wages
paid. In addition, each payroll must identify the contractor or subcontractor’s name and
address, project number, week ending date and payroll number.
F. Employee Classifications as per Wage Decision – The work classifications of covered employees
on payrolls shall be as shown on the Wage Decision.
G. Request for New Classification – When the classification of work to be performed on the project
by a laborer or mechanic is not covered by a classification on the wage decision, the contractor
may make a request for an additional work classification to the US Department of Labor
following procedures set forth in FHWA-1273 IV.1.b.
H. Work Performed in More Than One Classification - Laborers and mechanics should be paid no
less than the prevailing wage rate for the classification of work actually performed.
Page 5 of 10
A-1244_EEOPreconOutline_20140408.doc
Page of 10