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Minnesota Department of Transportation EEO Special Provisions <br />Office of Civil Rights <br />Revised 07/12 <br />STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY <br />CONSTRUCTION CONTRACT SPECIFICATIONS <br />(41 CFR 60-4.3 and Minnesota Statute §363A.36) <br />Unless noted, the following apply to both Federal/federally assisted projects and State/state <br />assisted projects. Item 3 applies to Federal/federally assisted projects only <br />1. As used in these specifications: <br />a. "Covered area" means the geographical area described in the solicitation from which <br />this contract resulted; <br />b. "Director" means Director, Office of Federal Contract Compliance Programs, United <br />States Department of Labor, or any person to whom the Director delegates authority; <br />c. "Employer Identification number" means the Federal Social Security number used on <br />the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. <br />d. "Minority" includes: <br />(i) Black (all persons having origins in any of the Black African racial groups not of <br />Hispanic origin); <br />(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South <br />American or other Spanish Culture or origin, regardless of race); <br />(iii) Asian and Pacific Islander (all persons having origins in any of the original <br />peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific <br />Islands); and <br />(iv) American Indian or Alaskan Native (all persons having origins in any of the <br />original peoples of North America and maintaining identifiable tribal <br />affiliations through membership and participation or community <br />identification). <br />2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the <br />work involving any construction trade, it shall physically include in each subcontract in <br />excess of $10,000 ($100,000 for State projects) the provisions of these specifications and <br />the Notice which contains the applicable goals for minority and women participation and <br />which is set forth in the solicitations from which this contract resulted. <br />3. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan <br />approved by the U.S. Department of Labor in the covered area either individually or <br />through an association, its affirmative action obligations on all work on the Plan area <br />(including goals and timetables) shall be in accordance with that Plan for those trades <br />which have unions participating in the Plan. Contractors must be able to demonstrate <br />their participation in and compliance with the provisions of any such Hometown Plan. <br />Each Contractor or Subcontractor participating in an approved Plan is individually <br />required to comply with its obligations under the EEO clause, and to make a good faith <br />effort to achieve each goal under the Plan in each trade in which it has employees. The <br />overall good faith performance by other Contractors or Subcontractors toward a goal in <br />an approved Plan does not excuse any covered contractor's or subcontractor's failure to <br />take good faith efforts to achieve the Plan goals and timetables. <br />4. The Contractor shall implement the specific affirmative action standards provided in <br />paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules <br />EEO Page 9 <br />