Longevity and complexity- words for a spelling bee – capture the essence of a megaproject. People, equipment, materials together form the supply chain that builds a highway. The macro elements are new and rehabilitated bridges, electrical boxes, guardrail, noise walls, roundabouts, and new and reconstructed interchanges. Production statistics reveal the micro components: manhours worked, cubic yards of structural concrete poured, pounds of reinforcing steel installed, linear feet of H-Pile driven, bridge beams set; and box culverts cast in place. Longevity and complexity, when paired with financial resources and demand for skilled labor, make “mega” infrastructure projects ideal environments to impact the underrepresented through workforce initiatives and small business utilization.
FHWA 1273, which provides a digest of provisions required in all contracts for federal-aid highway projects, mandates non-discrimination and assurances of equal opportunity in employment and subcontracting. EEO Contract Compliance – the code of law in public works – calls for systematic oversight. When fueled by information, effective communications, cooperation, commitment, buy-in and trust, EEO Compliance evolves from a transactional obligation to a productive way of building relationships and doing business, the Power of Partnerships.
The collective of Federal laws set forth in Executive Orders, laws (23 USC 140), regulations (23 CFR §§ 200, 230, 635; 28 CFR § 35; 29 CFR § 1630 and 41 CFR § 60), and agency orders provide that no recipient or beneficiary of Federal aid shall discriminate against any person because of race, color, religion, sex, national origin, age, or disability. In the construction context, the nondiscrimination provisions extend to employment practices, solicitations for employment, selection of subcontractors and suppliers, and procurement of materials. FHWA 1273 contractually obligates prime contractors, subcontractors and lower tier subcontractors to comply with EEO requirements on Federal aid highway projects. The regulations require Federal-aid highway recipients to take affirmative action in employment practices, solicitations for employment, and selection of subcontractors and suppliers. These actions should be positive, aggressive, continuous, results oriented, and documented. In the more than 50 years since the passage of Title VI and the 1964 Civil Rights Act, EEO contract compliance has become more than a regulatory mandate for non-discrimination. Instead EEO contract compliance is a productive business model that requires utilization of minority and female tradespersons and subcontractors and adds value to the workplace and society.