Division of Opportunity, Diversity, and Inclusion John R. Kasich, Jerry Wray, Ohio Governor ODOT Director
Learning Objectives • Goal Setting • New PN 013 Process • Subcontract (C-92) Process • Project Monitoring • Good Faith Efforts • Title VI/Nondiscrimination Program • ADA/504 Program
Goal Setting
Goal Setting • All DBE and EDGE projects are evaluated by the ODOT Goal Setting Committee to determine the potential and appropriateness of a goal • All federally funded projects will be evaluated for goal regardless of size • The $500,000 minimum is no longer in effect
New PN 013 Process
New PN 013 Process • ODOT’s LPA Program is transitioning to a new bidding (PN013) process for LPA projects • There will be test projects for the new process in the 1st Quarter of 2017, Federal Fiscal Year, and the new process will be effective in the 2nd Quarter of 2017, October 1, 2016.
New PN 013 Process At bid submittal: • Prime Contractors are required to submit a DBE Utilization Plan • DBE Utilization Plan identifies the DBE firms the Prime Contractor plans to use in order to achieve the DBE goal on the project
New PN 013 Process Within five days of the Letting Date: • Apparent Low Bidder is required to submit a DBE Affirmation Form that memorializes the agreement between the Prime Contractor and the DBE Firm
New PN 013 Process • If they are unable to retain sufficient DBE participation at bid, the Apparent Low Bidder will be required to submit its Good Faith Efforts made before bidding along with the DBE Affirmations, if any, within the five day period • If GFEs are accepted, the contract will be awarded • If GFEs are not accepted, the bid will be rejected
New PN 013 Process
New PN 013 Process
New PN 013 Process • Once received from the Prime Contractor, the DBE Affirmation Forms are reviewed and approved by ODOT Central Office • The DBE Affirmation Forms are considered a commitment to ODOT by the Prime Contractor to use the DBE firms listed • Once approved, ODOT will notify the Prime Contractor and the respective LPA of the approved DBE Plan for the project
New PN 013 Process Once a Project DBE Plan is approved, the Prime Contractor and its approved subcontractor DBE firms are expected to follow the approved DBE Plan Any changes to a project’s DBE Plan must be approved in advance by ODOT’s Central Office
Subcontract and Sublet Process
Subcontract and Sublet Process • After DBE Plan approval and before the start of work on the project, the Prime Contractor is required to submit the sublets and the DBE subcontract agreements and/or purchase orders to their respective ODOT District Contractor Compliance Officer (CCO). • The subcontract agreements and/or purchase orders for DBE Firms are to be reviewed by the LPA before sending to ODOT’s CCO for approval. All subcontract and sublet documents must match the DBE Utilization Plan and Affirmations.
Project Monitoring
Project Monitoring The LPA is still required to monitor the goal throughout the life of the project The LPA is still required to monitor DBE performance and ensure CUF by DBE contractors ODOT’s District Contract Compliance Officers will provide guidance and assistance when requested by the LPA
Good Faith Efforts
Good Faith Efforts Good Faith Efforts Guidance can be found at the following link: http://www.dot.state.oh.us/Divisions/ODI/SDB E/Pages/Resources.aspx
Good Faith Efforts • Goal Waivers are NO LONGER Permitted. • If the DBE goal on a project is not met, the Prime Contractor will be required to submit its GFEs utilizing the GFE Template also located on the Resources webpage • Once submitted, ODOT will send the documentation to the respective LPA for its review and recommendation
Good Faith Efforts • ODOT’s Central Office will then make a final determination as to whether GFEs were sufficient. • If GFEs were not sufficient, then a written reprimand or sanctions may be imposed depending on the circumstances.
Title VI/Nondiscrimination Program
Title VI/Nondiscrimination Program LPA Title VI/Nondiscrimination Program Responsibilities: • Develop a process/policy to ensure compliance with Title VI • Designate a contact person for the Title VI Program • Develop a procedure to process Title VI complaints • Develop a public involvement process that ensures everyone can participate in and benefit from publicly-funded projects, including minority, low-income and limited English proficient individuals/communities • Ensure Title VI training is received by those administering publicly- funded projects
ADA/504 Program
ADA/504 Program ODOT Updates: • Asset Inventory Project Updating ADA/504 Self-Evaluation and Transition Plan • ODOT dedicated $2 million in its FY ‘17 budget for Facilities Deficiency Correction
ADA/504 Program LPA ADA/504 Program Responsibilities: • Webinar Series with LTAP kick-off September 27, 2016 at 10am. • Overview of LPA responsibilities under the ADA including: Deficiency correction of facilities accessible to the public Roadways Intersections Sidewalks Traffic control devices Reporting Requirements
Questions Version 1.0 … Last updated 11/9/2016 2:29 PM
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