Legal Mandates Learn about the Mandates the NCDOT is required to meet.

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  • Title VI: Administration

    Title VI of the 1964 Civil Rights Act (42 U.S.C. § 2000d) states:

    "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

    Please visit Title VI Programs for more information.

  • Title 49 of the Code of Federal Regulations, Part 26

    Title 49 CFR 26 outlines regulations concerning the participation of disadvantaged business enterprises on Department of Transportation projects that receive federal financial assistance. The objectives of the regulations are:

    • To ensure nondiscrimination in the award and administration of DOT assisted contracts
    • To create a level playing field on which DBE's can compete fairly for DOT assisted contracts
    • To ensure that the DBE Program is narrowly tailored in accordance with applicable law
    • To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs
    • To help remove barriers to the participation of DBEs in DOT assisted contracts
    • To assist the development of firms that can compete successfully in the market place outside the DBE program 

    For more information please visit the Code of Federal Regulations

  • Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

    The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which governs United States federal surface transportation spending through 2010 was signed into law in 2005. The $286.4 billion measure contains a host of provisions designed to improve and maintain the transportation infrastructure in the United States, especially the highway and interstate road system.

     
    For more information please visit SAFETEA-LU  

  • Small Business Enterprise Statute

    The Small Business Enterprise Statue states that the Department may, after soliciting at least three informal bids in writing from Small Business Enterprises, award contracts for construction and repair projects of $500,000 or less, and maintenance projects of $500,000 or less per year, to the lowest responsible bidder. NCDOT may identify projects likely to attract increased participation by Small Business Enterprises, and restrict the solicitation and award to those bidders.  In addition, the Department may waive the bonding requirements of Chapter 44A ofthe General Statutes and the licensing requirements of Chapter 87 for contracts awarded under the SBE program.

    For more information please visit Highway Fund and Highway Trust Fund Small Project Bidding (§ 136‑28.10.) 

  • Davis Bacon Act of 1931

    The Davis Bacon Act of 1931 requires the payment of local prevailing wages and fringe benefits to laborers and mechanics on federal-aid projects. 

    Certified Payrolls must be submitted weekly to NCDOT by contractors and subcontractors on all federal-aid projects.

    Payroll statements are reviewed for completeness and certification. Work classifications, hourly rates, overtime hours and rates, authorized deductions, fringe benefits and net wages paid are reviewed.

    NCDOT has the authority to withhold funds from the contractor, as may be deemed necessary to pay employees of the contractor.

    For more information please visit US DOL Wage & Hour Division: Davis Bacon Act of 1931
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