吃瓜黑料

A disability is physical or mental impairment that substantially limits a major life activity. Major life activities may include but are not necessarily limited to life functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing and learning.

The 吃瓜黑料 Department of Transportation (NJDOT) utilizes data from the American Community Survey, which provides up-to-date information about the social and economic needs of communities; how people live -- our education, housing, jobs etc.

An MPO is a federally-mandated and federally-funded transportation policy-making organization in the United States that is made up of representatives from local governments and governmental transportation authorities. 吃瓜黑料 has three MPOs which represent the corresponding 21 counties: South Jersey Transportation Planning Organization (SJTPO) - Atlantic, Cape May, Cumberland and Salem Counties; North Jersey Transportation Planning Authority (NJTPA) - Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union and Warren Counties; Delaware Valley Regional Planning Commission (DVRPC) - Burlington, Camden, Gloucester and Mercer Counties.

Yes. Title II of the ADA applies to all State and local governments, their departments and agencies, and any other special purpose districts of State or local governments. It explains the requirements of Section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive Federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive Federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK).

They became effective on January 26, 1992.

A State or local government must eliminate any eligibility criteria for participation in programs, activities and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program or activity. The State or local government may adopt valid safety requirements necessary for safe operation if they are based on real risks, not stereotypes or generalizations about individuals with disabilities. A public entity must reasonably modify its policies, practices or procedures to avoid discrimination. If the public entity can show specific modification would essentially alter the nature of its service, program or activity, it is not required to make that modification.

Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities. In addition to Title II's employment coverage, Title I of the ADA and Section 504 of the Rehabilitation Act of 1973 prohibit employment discrimination against qualified individuals with disabilities by certain public entities.

A public entity must ensure that individuals with disabilities are not excluded from services, programs and activities because the existing buildings are inaccessible. A State or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to facilities of a public entity that existed on January 26, 1995. Public entities do not necessarily have to make each of the existing facilities accessible. They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility or provision of services at alternate accessible sites.

Structural changes needed for program accessibility were to be made as fast as possible, and no later than January 26, 1995. A public entity that employs 50 or more persons must have developed a transition plan by July 26, 1992, setting forth the steps necessary to complete such changes.

The public agency must develop a Transition Plan (pdf 5,88k) addressing deficiencies identified in the Self-Evaluation. This plan assesses the needs of persons with disabilities, and then schedules the required pedestrian accessibility upgrades. The Transition Plan is to be updated periodically, with its needs reflected in the processes utilized by State Departments of Transportation, MPOs and transit agencies to develop the Statewide Transportation Improvement Programs and metropolitan Transportation Improvement Programs.

The ADA requires that all new buildings constructed by a State or local government be accessible. In addition, when a State or local government undertakes alterations to a building, it must make the altered portions accessible.

State or local government will be in compliance with the ADA for new construction and alterations if it follows either of two accessibility standards. It can choose either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, which is the standard that must be used for public accommodations and commercial facilities under Title III of the ADA. If the State or local government chooses the ADA Accessibility Guidelines, it is not entitled to the elevator exemption (which permits certain private buildings under three stories or under 3,000 square feet per floor to be constructed without an elevator).

Private individuals may enforce their rights under Title II and may receive the same remedies as those provided under Section 504 of the Rehabilitation Act of 1973, including reasonable attorney's fees. Individual may also file complaints with eight designated Federal agencies, including the Department of Justice and the Department of Transportation.

All ADA complaints will be investigated by the Federal Highway Administration (FHWA) Division Office or the State Transportation Agency (STA).

• If the FHWA Division Office receives an ADA complaint directly it will forward a copy to the Headquarters Office of Civil Rights for a complaint number and entry into the United States Department of Transportation's tracking system.
• If the complaint is against the STA, the FHWA Division Office will conduct the investigation and forward the file and investigative report to the Headquarters Office of Civil Rights for review and issuance of the Letter of Finding.
• If the ADA complaint is against a local entity, the FHWA Division Office has the option of allowing the STA to conduct the investigation. Upon completion of an investigation by the STA, the STA will forward the file and the investigative report to the FHWA Division Office. The FHWA Division Office will review the file and investigative report for completeness before forwarding to the Headquarters Office of Civil Rights for final review and issuance of the Letter of Finding.
• If the STA does not wish to investigate the ADA complaint, then the FHWA Division Office will conduct the investigation.
• The Headquarters Office of Civil Rights will issue the Letter of Finding to the complainant and issue a decision Memorandum to the FHWA Division Office.
• The decision Memorandum to the FHWA Division Office will state whether there is a finding of compliance or non-compliance.
• If there is a finding of non-compliance, the Headquarters Office of Civil Rights will provide instructions to the FHWA Division Office regarding implementation of the required corrective action.
• Whenever corrective action is required, the FHWA Division Office will send a letter to the STA or local entity stating what corrective action is necessary with the designated time frames for completion of the action.
• The FHWA Division Office will provide periodic updates on the status of the corrective action to the Headquarters Office of Civil Rights.
• All ADA complaints will remain open until all corrective action is completed.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities of any entity that receives federal assistance. Other related regulations prohibit discrimination based on sex, age, and disability. Discrimination is an action or inaction, intentional or not, through which any beneficiary, solely because of race, religion, color, national origin, sex, age, or disability has been otherwise subjected to unequal treatment or impacts.

Entities, whether public or private, that receive federal assistance from any federal agency, including the Federal Highway Administration (FHWA), otherwise known as 鈥渞ecipients鈥�, must take concrete steps to ensure nondiscrimination in their programs and activities.

Title VI does not just apply to the discrete program or activity to which a recipient directs federal funds. The Civil Rights Restoration Act of 1987 amended Title VI to say that 鈥減rograms鈥� or 鈥減rograms and activities鈥� means 鈥渁ll of the operations of鈥� any department, agency, or instrumentality of a state or local government, any part of which is extended federal assistance. Therefore, if a department of a state or local government receives federal assistance, all of the operations of that department would be covered by Title VI, but not all of the operations of the State or local government as a whole. The amended definition of 鈥減rograms and activities鈥� also makes it clear that Title VI does not only apply to activities of a recipient of federal assistance that are federally funded but applies to 鈥渁ll the operations of鈥� a recipient, even those that are not federally funded. Title VI also applies to the programs and activities of entities that distribute federal funds to subrecipients as well as those actions taken by private firms under contract with the recipient.

For example, NJDOT receives federal funds from the FHWA, which means Title VI applies to all of the Department鈥檚 programs and activities (transportation planning, project development, contracting, residential and business relocations, construction, etc.), whether those specific programs and activities are federally funded or not. Title VI would also apply to every contract for highway or road construction, whether federally funded or not. In addition, for any federal assistance distributed to cities, counties, and metropolitan planning organizations, Title VI would also apply.

Title VI does not typically apply to employment matters unless the recipient received federal assistance specifically for the purpose of providing employment. Title VI also does not apply to activities of federal agencies, themselves, because the law only applies to 鈥渞ecipients.鈥� Finally, except for educational institutions, Title VI applies to the programs and activities of public agencies鈥攏ot entire state, city, or county governments. Multiple agencies within a state or local government may receive federal funds, but Title VI would still only apply to those agencies and any other state or local agencies through which funds are passed.

• Denying program services, financial aid, or other benefits.
• Providing different services, financial aid, other benefits, or providing them in a manner different from that provided to others.
• Segregating or treating individuals or groups differently in any matter related to the receipt of any service, financial aid, or other benefits.
• Denying an individual or group the opportunity to participate as a member of a planning, advisory or similar body.
• Any other method or criteria of administering a program that has the effect of treating or affecting individuals or groups in a discriminatory manner.
• Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title VI, or because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.

A recipient is a non-Federal entity that receives financial assistance from a federal agency. The regulations define recipient as:

鈥溾��any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdivision thereof, or instrumentality thereof, any public or private agency, institution, or organization, or other entity, or any individual in any State, territory, possession, District of Columbia, or Puerto Rico, to whom Federal financial assistant is extended, directly or through another recipient, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary.鈥�

For FHWA, state transportation agencies such as NJDOT are the most common recipients of federal financial assistance.

A subrecipient is a non-Federal entity that administers a federally assisted program and receives financial assistance from a primary recipient; thereby subjecting them to Title VI compliance obligations. For FHWA, cities, counties and Metropolitan Planning Organizations are the most common subrecipients.

Private entities are considered recipients/subrecipients only if they carry out an inherently governmental function. Therefore, if a firm is awarded a state DOT design or construction contract, it would not be considered a recipient. However, if a firm carries out policymaking (not merely making recommendations or requesting contract changes), it may be considered a recipient.

NJDOT鈥檚 Title VI Program complies with the following statutes (including but not limited to):

• and
• Title and of the Americans with Disabilities Act (42 U.S.C. 搂 12131-12189); 49 C.F.R. 搂 37 and 搂 38

Title VI prohibits discrimination on the basis of race, color or national origin under any program or activity receiving federal financial assistance.

Title VII prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin.

The NJDOT Division of Civil Rights and Affirmative Action (DCR/AA) Title VI Coordinator is responsible for initiating and monitoring Title VI Nondiscrimination activities and completing all reporting requirements. Other units within DCR/AA, including Contractor Compliance, Disadvantaged and Small Business Programs (D&SBP), and Internal Equal Employment Opportunity (EEO), assist with these tasks, as necessary.

• Conducting internal and external compliance reviews
• Conducting Title VI Program Implementation training
• Developing Title VI compliance information for internal and external dissemination
• Processing the disposition of Title VI complaints received by NJDOT

And person/s who believes they have been subjected to unlawful discrimination (denied the benefits of, access to, or participation in the programs and activities of NJDOT) based on race, color, national origin, sex, age, disability, income or Limited English Proficiency in programs, activities, or services of NJDOT or organizations funded through NJDOT may file a complaint. The complaint may be filed by the individual or his/her representative. A complaint must be filed no later than 180 days after the date of the alleged discrimination, unless extended by NJDOT. Click for more information on the complaint process.

Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." These individuals may be entitled language assistance with respect to a particular type or service, benefit, or encounter.

Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance. Subrecipients are also covered, when federal funds are passed from one recipient to a subrecipient. Recipients of federal funds range from state and local agencies, to nonprofits and other organizations. A list of the types of recipients and the agencies funding them can be found .

Title VI covers a recipient鈥檚 entire program or activity. This means all parts of a recipient鈥檚 operations are covered. This is true even if only one part of the recipient receives the federal assistance. For example, if the US Department of Justice (DOJ) provides assistance to a state department of corrections to improve a particular prison facility, all of the operations of the entire state department of corrections are covered, not just that particular prison.

Most federal agencies have an office that is responsible for enforcing Title VI of the Civil Rights Act. To the extent that a recipient's actions are inconsistent with their obligations under Title VI, then such agencies will take the necessary corrective steps. For state DOTs the federal agency responsible for enforcing Title VI is the Federal Highway Administration (FHWA).

At the 吃瓜黑料 Department of Transportation, the Division of Civil Rights and Affirmative Action (DCR/AA) Title VI Coordinator is responsible for initiating and monitoring all Title VI Nondiscrimination activities, including LEP.

Recipients and federal agencies are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment that balances the following four factors:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee;
2. the frequency with which LEP individuals come in contact with the program;
3. the nature and importance of the program, activity, or service provided by the program to people's lives; and
4. the resources available to the grantee/recipient or agency, and costs. As indicated above, the intent of this guidance is to find a balance that ensures meaningful access by LEP persons to critical services while not imposing undue burdens on small business, or small nonprofits.

United States citizenship does not determine whether a person is LEP. It is possible for a person who is a US Citizen to be LEP. It is also possible for a person who is not a US citizen to be fluent in the English language. Title VI is interpreted to apply to citizens, documented non-citizens, and undocumented non-citizens. Title VI LEP obligations apply to every beneficiary who meets program requirements, regardless of the beneficiary鈥檚 citizenship status.

• Oral interpretation services;
• Bilingual staff;
• Telephone service lines interpreter;
• Written translation services;
• Notices to staff and recipients of the availability of LEP services; or
• Referrals to community liaisons proficient in the language of the LEP persons.

No. While planning is an important part of ensuring that reasonable steps are taken to provide meaningful access to LEP individuals seeking services, benefits, information, or assertion of rights, there is no blanket requirement that the plans themselves be submitted to federal agencies providing federal financial assistance. In certain circumstances, such as in complaint investigations or compliance reviews, recipients may be required to provide to federal agencies a copy of any plan created by the recipient.

NJDOT's Disadvantaged and Small Business Programs Unit certifies companies that apply (pdf 450k) for either Disadvantaged Business Enterprise (DBE) or Emerging Small Business Enterprise (ESBE) certification. The certified companies can compete fairly for federally funded transportation-related projects. NJDOT bid notices are available online at NJDOT Construction Services. The Disadvantaged and Small Business Programs Unit also monitors the annual goals for the participation of DBEs and ESBEs in NJDOT-assisted projects.

Please Note: The Application linked above is for Information Only. Paper Applications Will Not Be Accepted. See below for additional information about applying

Under , to be eligible for DBE certification, persons must own 51% or more of a "small business," establish that they are disadvantaged within the meaning of United States Department of Transportation (USDOT) regulations, prove that they control their business, and have a personal net worth of less than $2.047 million (not including primary residence or ownership equity in the company).

To apply to be a DBE, please reference the following documents:

• Declaration of Eligibility (pdf 254k)
• Eligibility Checklist (pdf 107k)
• Personal Net Worth Statement (pdf 516k)
• Sample Uniform Certification Application (pdf 450k)

Please Note:The sample Uniform Certification Application is for Information Only. Paper Applications Will Not Be Accepted. All applications must be submitted online via the B2GNOW System found at (left column under "Apply for/Renew Certification").

Pre-qualification is a review process that enables contractors to become eligible to bid on highway and bridge projects as a prime contractor. It established the kind and amount of work a firm can perform on NJDOT projects. The review process is an evaluation of the firm's financial resources, experience of personnel, past performance and experience.

All landscapers regardless of contract dollar amount and construction contractors who wish to bid as a subcontractor for $1 million or more must be pre-qualified. Information and the form are available at NJDOT's Construction Services site. Subcontractors who do not intend to bid on contracts in excess of $1 million need not be pre-qualified.

Once a firm has been certified, it shall remain certified until and unless this Office has removed its certification, in whole or in part, through the procedures under 49 CFR Part 26.87. All firms must annually complete a Declaration of Eligibility Form (pdf 254k). You will also be required to update all financial information.

The Small Business Enterprise (SBE) Program is race and gender neutral. This program requires 25% of state contract and purchase order dollars to be awarded to Small Business Enterprises (SBE). For additional information on the SBE program, please visit .

NJDOT wants to ensure that all employees of the Department's contractors are paid the prevailing wages and fringe benefits under state and federal laws and regulations including the (DBA), the Davis-Bacon Related Acts (DBRA), the Copeland Act, and the 吃瓜黑料 Prevailing Wage Act.

Administered by the United States Department of Labor, the Davis-Bacon Act (DBA) requires that all laborers and mechanics are paid prevailing wage rates on federal construction contracts.

The Davis-Bacon and Related Acts (DBRA) extend the DBA coverage to projects that are funded by federal grants, loans, loan guarantees, and insurance, including road/bridge construction funded by the Federal Highway Administration. These related acts operate under the same wage determination principles as traditional DBA projects but apply to different funding mechanisms and project types.

The authority or legal basis for these laws includes . This is the Federal Highway Administration's (FHWA) statutory related act to implement Davis-Bacon Act provisions on Federal aid highways (does not include local roads or rural minor collectors).

Covered workers must receive the appropriate wage rate for their craft: the prevailing wage is the basic hourly rate of pay and the bona fide benefit rate of contribution as determined by the Commissioner of the 吃瓜黑料 Department of Labor and Workforce Development. The same department also administers the 吃瓜黑料 State Prevailing Wage Act, a 吃瓜黑料 state law that protects construction workers including, but not limited to carpenters, plumbers, power equipment operators, and laborers.

No. Certified payrolls for projects covered exclusively by the Davis-Bacon Act, such as public construction projects awarded by a federal agency, military base work and United States Postal Service buildings must be filed with the proper federal agency.

The state office monitors certified payrolls that must be filed weekly with the appropriate public body, which under Wage & Hour Compliance | NJ State Prevailing Wage Act and Regulations, is defined as the State of 吃瓜黑料, any of its political subdivisions, any authority created by the state legislature and any instrumentality or agency of the state or of any of its political subdivisions. This pertains to schools, roads, water and sewer systems, airports, dams and public buildings.

Yes. In the event highway and airport projects require reporting under the Davis-Bacon Act and the 吃瓜黑料 Prevailing Wage Act, the higher standards in wages and protection prevail.

The 吃瓜黑料 Department of Labor and Workforce Development handles wage rates for 100 percent state-funded contracts.

Contractors should be aware that:

• for a 100 percent state funded project, the prevailing wage rate is determined by the 吃瓜黑料 Department of Labor.
• for an occupation where the federal and state rates differ, contractors must pay the higher of the two rates.
• federal rates are available before a project bid date. They reflect one rate for each work classification.
• state rates for a project are available only when the project is awarded. These wage rates may increase by the award date.

There are two basic reports:

• For federally funded projects, a Certified (pdf 21k) for each week of contract work should be submitted to the Resident Engineer for each construction project. It must contain the employee's personal information (in its entirety on the first report) and stipulate the work classification, basic hourly wage rate as well as the overtime rate, if any, fringe benefits, total hours worked, the gross wages, itemized deductions and net wages for each employee.


• For 100 percent state funded projects, a Payroll Certified for Public Works Projects Form (MW-562) (pdf 15k) for wages paid each of its employees engaged in contract work under the 吃瓜黑料 Prevailing Wage Act for the previous week must be submitted to the Wage-Rate Unit.
• Completed MW-562 forms must also be filed online to the NJ Wage Hub.

A contractor/subcontractor should follow the instruction sheet to complete the reports. The certified Payroll Reports must be submitted as per each contract鈥檚 specifications.

• On federally funded projects, certified payroll reports must be submitted within seven (7) days from the date of the wage payment covered.
• On 100 percent state funded projects, the certified payroll report must be submitted within ten (10) days of the date of payment covered.

After the Resident Engineer submits his report of the adequacy and accuracy of work classifications and daily hours, the Wage-Rate Unit monitors the contractor's compliance through the review of:

• contractors' payroll and payroll-related records
• extensive home office and payroll-related records such as master payrolls, union remittance reports, foremen's reports and canceled checks

For wage disputes that are not resolved by the Resident Engineer on a work site, the NJDOT Wage-Rate Unit, who works closely with the 吃瓜黑料 Department of Labor and Workforce Development, would attempt to settle the dispute. The employee has the option of filing a wage claim.

Yes. The Department of Labor and Workforce Development provides brochures (pdf with detailed information about filing a wage claim.

The contractor's goals and obligations are included in the Special Provisions section of the contract. For federally funded projects the DBE or ESBE goal is included in Federal Aid Project Attachment 1 - 鈥淒isadvantaged Business Enterprise Utilization Attachment鈥�. or 鈥淓merging Small Business Enterprise Utilization Attachment鈥�. For 100 percent state funded projects, the SBE and/or DVOB goals included in State Funded Project Attachment 1 鈥� Small Business Enterprise Utilization and/or State Funded Project Attachment 7 鈥� Disabled Veteran Owned Business Utilization. The Special Provisions for each project are included in the bid proposal advertised on BidX.

The contract goal is also included in the Public Notice for each project.

The Special Provisions and Public Notice for each project are posted as part of the project letting/advertisement on BidX.

Form CR-266 is the prime contractor's DBE, ESBE, SBE or DVOB participation plan 鈥� their written commitment of firms they are committing to utilize to work on the project to meet the project鈥檚 DBE, ESBE, SBE or DVOB goal. All contractors with the obligation to use DBE, ESBE, SBE or DVOB firms must submit the names of those DBE, ESBE, SBE and DVOB firms on Form CR-266. If the bidder or contractor themselves is a DBE, ESBE, SBE or DVOB, they must list themselves on the CR-266 and indicate the value of work they will self-perform.

For a project having a DBE, ESBE or SBE goal, each bidder is required to submit a completed and signed along with other related documentation to the Division of Civil Rights and Affirmative Action - Contract Compliance Unit within five (5) days of bid opening.

For each project having a DVOB goal, each bidder is required to submit a completed and signed listing each DVOB firm, along with other related documentation to the Division of Civil Rights and Affirmative Action - Contract Compliance Unit within ten (10) days of bid opening.

In all cases, the bidder must identify each DBE, ESBE, SBE and DVOB that will be participating on the project, including themselves, if they are a DBE, ESBE, SBE or DVOB. Additional information which must be included for each firm listed on the form is: the classification (role the firm will play on the contract), name of firm, the address, specific description of work to be performed, specific contract work items, item descriptions, projected start date and completion of work, and the dollar amount of the proposed subcontract/agreement.

Yes. DBEs and ESBEs must be certified by the Division of Civil Rights and Affirmative Action. SBE and DVOB firms must be registered with the 吃瓜黑料 Department of Treasury鈥檚 Division of Revenue and Enterprise Services (DORES).

Work that a certified DBE subcontractor subcontracts to an uncertified DBE company does not count toward DBE goals.

Work that a certified ESBE subcontractor subcontracts to an uncertified ESBE or uncertified DBE company does not count toward ESBE goals.

Work that a registered SBE firm subcontracts to a SBE not holding a current SBE registration or a revoked registration does not count toward SBE goals.

Work that a registered DVOB firm subcontracts to a DVOB not holding a current DVOB registration or a revoked registration does not count toward DVOB goals.

After the CR-266 and corresponding CR-273 and applicable CR-272 and CR-274 forms and other related documentation has been submitted and it is determineed that the lowest responsive and responsible bidder has either adequately documented their commitment to meet the contract DBE, ESBE , SBE or DVOB goal, or demonstrated adequate good faith effort to meet the goal, the office completes the Recommendation to Award memo and forwards it to NJDOT Procurement鈥檚 Bureau of Construction Services.

Yes. DBE subcontractors are used to meet DBE or ESBE goals on federally funded contracts. SBE subcontractors are used to meet SBE goals on 100 percent state-funded contracts. DVOB subcontractors are used to meet DVOB goals on 100 percent state-funded contracts.

No matter a firm鈥檚 DBE, ESBE, SBE or DVOB certification or registration, that firm may be used on any contract, whether federally funded or 100 percent state funded. It is when there is a contract goal that the value of that firm鈥檚 participation is counted toward the respective goal.

The project RE in conjunction with the Contract Compliance Unit must evaluate if a DBE, ESBE, SBE or DVOB performs a commercially useful function (CUF). To perform a CUF the firm must be responsible for execution of the work or a distinct element of the work, including supply of goods and services by actually performing, managing and supervising the work, and following industry practices.

Throughout the life of the project, the prime contractor must adequately document their "Good Faith Effort"(GFE) to meet the contract鈥檚 DBE, ESBE, SBE and/or DVOB goal. In situations where the prime contractor鈥檚 utilization of DBEs, ESBEs, SBEs and/or DVOBs on a contract falls short of meeting the contract goal, the prime contractor is required to submit documented evidence of the good faith efforts they made to meet the goal. This GFE is reviewed and evaluated for determination of adequacy or inadequacy. If a prime contractor鈥檚 GFE is deemed adequate, then it is determined that they met the contract goal. If a prime contractor鈥檚 GFE is deemed inadequate, it is determined they failed to meet the contract goal, and as per NJDOT Standard Specifications, the Department will make a payment reduction from total payment made to the prime contractor for failure to meet the contract goal(s).

Examples of a bidder/prime contractor's Good Faith Effort include but are not limited to:

• Solicit through all reasonable and available means the interest of all DBE, ESBE, SBE or DVOB firms, including pre-bid meetings, business matchmaking events, advertising, written notices, emails, and follow-up on initial solicitations;
• Select portions of the contracted work by the DBE or SBE to ensure reaching the goals;
• Select portions of the contracted work by the DBE, ESBE, SBE or DVOB to ensure reaching the goals, including breaking portions of work out into economically feasible units to facilitate participation, even when the bidder might otherwise prefer to self-perform the work items with their own forces;
• Provide adequate information about plans, specifications and contract requirements in a timely manner to the DBE, ESBE, SBE or DVOB;
• Negotiate in good faith with the DBE, ESBE, SBE or DVOB firms and keeping evidence of such negotiations. Bidders and contractors should document names, addresses, and telephone numbers of firms that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs, ESBEs, SBEs or DVOBs to perform the work;
• Use the services of minority and women's community organizations, contractors' groups and local state and federal minority and women business assistance offices.
• NOTE: A promise to use DBEs, ESBEs, SBEs and/or DVOBs after contract award does not constitute good faith efforts.

Bidders/prime contractors are required to document and keep records of their good faith efforts and make them available to the Division of Civil Rights and Affirmative Action 鈥� Contract Compliance Unit, upon request, or as required.

The Contract Compliance Unit reviews documentation for each contractor that includes Contractor Utilization Reports, Workforce/EEO Reports and Contractor Training Reports.

The Contractor Monthly Report of Utilization of DBE/ESBE, SBE, or DVOB must be submitted by the contractor to each project鈥檚 Resident Engineer by the fifth (5) day after the end of the month. The name of the contractor, the project, the contract value to date, the name of each DBE, ESBE, SBE and DVOB firm participating in the project, description of their work performed and materials provided, dollar amounts of their executed subcontract/agreement, payment for the month and to-date should be supplied.

Workforce and EEO Reports collect the number of total work hours for each employee classification in each trade in the covered area for the monthly reporting period per contractor and subcontractor. The prime contractor and subcontractors must report this information to NJDOT electronically via the CC-257R submitted through the Vendor Workforce Reporting System.

After notification of award and prior to signing a construction contract, prime contractors must also complete and submit an Initial Project Workforce Report 鈥� Construction (Form AA-201) to the NJ Department of Labor and Workforce Development Construction EEO Compliance Monitoring Unit and NJDOT鈥檚 Division of Civil Rights 鈥� Contract Compliance Unit. After award, prime contractors must submit a copy of the Monthly Project Workforce Report (Form AA-202).

The contractor's goals and obligations are included in the Special Provisions section of the contract. On federally funded projects, training goals are listed in Section I Apprentice/Trainee Requirements of the Contract of Federal Aid Project Attachment 2 鈥� Specific Equal Employment Opportunity Responsibilities.

On federally funded projects having a training goal, prior to starting work on the project, the contractor is required to provide the Resident Engineer with their initial training program for the project. Subsequently, for each trainee the contractor provides the Resident Engineer with an Apprentice/Trainee Approval Memorandum (pdf 8k), and signed standard training guideline which the Resident Engineer forwards to the Division for approval.

Once the project training program is approved, there can be no changes without approval from Civil Rights. Contractors wishing to revise a project training program must submit a revised program to the project RE for initial review, who then forwards it to Civil Rights for final review and approval.

Yes. In addition, there is a CR-2 - Bi-weekly Training Report, a CR-1409 Quarterly Training Report and CR-3 - Training Certificate For Reporting Hours To NJDOT that must be completed for each trainee and submitted to the RE for each project.

Once all payments have been made to each DBE, ESBE, SBE or DVOB being used to meet a project鈥檚 DBE, ESBE, SBE or DVOB goal, the prime contractor must submit the Form CR-268 - to the project RE. The report identifies the name of the prime contractor, the project, date of the award, total dollar value of the contract, the goal(s), a listing of each DBE, ESBE, SBE and DVOB firm used on the project to meet the contract goal, the total paid to each respective DBE, ESBE, SBE and DVOB firm and the prime contractor鈥檚 attainment toward the goal. A separate report is needed for each type of goal set on a project.