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agreement , the contractor will , through independent recruitment efforts , fill the employment vacancies without regard to race , color, religion , sex , national origin , age or disability ; making full efforts to obtain qualified and/or qualified minority group persons and women . (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees . ) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 , as amended , and these special provisions , such contractor shall immediately notify the SHA. ( 9 ) Selection of Subcontractors Procurement of Materials and Leasinof Equipment : The contractor shall not discriminate on the grounds of race , color, religion , sex , national origin , age or disability in the selection and retention of subcontractors , including procurement of materials and leases of equipment. a . The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b . Disadvantaged business enterprises ( DBE ) , as defined in 49 CFR 23 , shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees . Contractors shall obtain lists of DBE construction firms from FDOT. C . The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations . ( 10 ) Records and Reports : The contractor shall keep such records as necessary to document compliance with the EEO requirements . Such records shall be retained for a period of five years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of Indian River County , FDOT and/or the FHWA. a . The records kept by the contractor shall document the following : 1 . The number of minority and non -minority group members and women employed in each work classification on the project; 2 . The progress and efforts being made in cooperation with unions , when applicable , to increase employment opportunities for minorities and women ; 3 . The progress and efforts being made in locating , hiring , training , qualifying , and upgrading minority and female employees ; and 4 . The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees . b . The contractor will submit an annual report to FDOT 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 work . This information is to be reported on Form FHWA- 1391 . If on -the -job training is being required by special provision , the contractor will be required to collect and report training data . 6 12/1/2009 3:45:46 PM