FHWA 1273 require that prime contractors and subcontractors submit an Annual EEO Report (
FHWA 1391) each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract. This information is to be reported on Form FHWA-1391 for all active federal-aid construction projects. If on-the-job training is being required by special provisions, the contractor will be required to collect and report training data. Appropriate sanctions may be enforced for contractors failing to report, such as withholding of progress payments.
Entries made for “Job Categories” are to be confined to the listing shown on the FHWA 1391 report. Miscellaneous job classifications are to be incorporated in the most appropriate category listed on the form. All employees working on federal construction projects must be accounted for.
NOTE: Surveyors are not considered construction trade and should not be reported on the form.
WHO HAS TO REPORT?
- All prime contractors and subcontractors (regardless of tier) with a Federal-aid contract of
$10,000 or more must report on form FHWA-1391.
PERIOD TO REPORT
- The report should reflect the employment data submitted for the last full pay period worked in July. A full pay period is seven (7) days. Reporting week(s) for all contractors must be between July 1-31.
- If the federal contract is active during this payroll period but no work was performed, contractors must submit a 1391 report indicating “NO ACTIVITY”.
Do not report any other payroll period in the month of July.
ACTIVE PROJECTS:
If the prime contractor works during the month of July they must file Form 1391.
- If the prime contractor completed work on June 30 and performed no work in July, they still are required to file Form 1391 because the final acceptance did not come before July 1 and the project is considered active.
- If the project was accepted by NCDOT as complete in June, the prime contractor does not have to file a Form 1391 report because the project is considered complete before July 1.
- If the work order is dated August 1, the prime contractor does not have to file a Form 1391 because the project was not active in July.
NCDOT may request additional 1391 reports when conducting a compliance review of a contractor.
Completing Form 1391: Follow the instructions shown below for completing the appropriate boxes on Form 1391. These boxes coincide with the FHWA 1391 report updated in 2010. The new report can be located at: https://www.fhwa.dot.gov/eforms/fhwa1391.xls
Box 1: Check whether you are a prime contractor or a subcontractor on this project.
Box 2: Indicate the complete name and address of the firm.
Box 3: Enter the NCDOT contract number (e.g., C300200). Do not complete this report if the project is not a federal-aid project.
Box 4: Prime contractors indicate the contract value of the entire project. Do not enter the bid amount. Subcontractors indicate the amount of the subcontract only. Do not consider plan changes.
Box 5: Indicate the county and state of the project location.
Box 6: Enter the FFY for date of the Form 1391.
Box 8: The report must be signed by the firm’s representative (e.g., EEO Officer) certifying the reported data to be true. The prime Contractor is responsible for the accuracy of each Subcontractor's report and should sign, date, and submit the reports to the Resident Engineer.
Box 9: Indicate the date the report was completed.
Box 10: The Form 1391 must be signed by the “State Highway Official”. Prime contractors are not authorized to sign as a “State Highway Official”. NCDOT has designated their Resident Engineers as the reviewer of the reports.
DUE DATE: All 1391 Reports are due to the Resident Engineer on or before the August 15th. Reports should be provided to the Office of Civil Rights via electronic submission. Every effort should be made to submit this report before the deadline. If all reports for a project are not received by August 15, the Resident Engineer initiates action to withhold progress payments until the forms are received.
Questions regarding the FHWA 1391 report should be directed to the EO Compliance Section.
Definitions of Job Categories
