Attached is a Notice to Industry concerning how ODOT is going to be determining DBE eligibility based on business size. The change described in the notice takes effect on August 19. This is a good thing for DBEs—the size standards are going up! If, say, a firm was certified as a DBE with a NAICS code that had a $15.0 million size standard, as of August 19 that size standard changes to $16.5 million. This will potentially allow the DBE to perform more work without losing its certification in that NAICS code.
This is a notice to all contractors intent on submitting a bid for any upcoming Locally-let (LPA) project(s).
Per the direction found in PN13 of the LPA bidding documents, any bids received without the electronic submission of the DBE Utilization Plan at or before the time of bid will be deemed unresponsive. Bidders must submit their DBE Utilization Plans via https://odot.formstack.com/forms/dbe_copy. This form contains the current list of certified DBEs and is updated regularly. Again, the DBE Utilization Plan must be filled out completely and submitted electronically at or before the time of bid opening.
For bidders that are DBE certified firms, please note that you must also submit a DBE utilization plan to include what percentage your firm will be self-performing.
For any questions please contact either:
Tom Yanka – Office of Small & Disadvantaged Business Enterprise; firstname.lastname@example.org; 614-644-5649
Jeff Shaner – Office of Local Programs; email@example.com; 614-644-6394
ODOT is implementing a new On-the-Job Training Program Plan. The OJT Program is a federally mandated program, set forth in 23 CFR 230, that is intended to offer equal opportunity for the training and upgrading of minorities, women, and disadvantaged persons toward journeyperson status in the highway construction trades. This new program plan will become effective on January 1, 2019 and includes a number of changes from ODOT’s prior voluntary OJT Program. The complete program plan is available at:
http://www.dot.state.oh.us/Divisions/ODI/SDBE/OJTDocs/OJT Program Plan.pdf
The following list provides a summary of the most important aspects of the new OJT Program:
- Participation in the OJT Program will be mandatory for all prime contractors who enter into at least one FHWA-funded highway construction contract with ODOT in that calendar year or are working as a prime contractor on a multi-year contract with ODOT in that calendar year;
- ODOT will establish an annual training goal each calendar year, and the prime contractor must demonstrate “good faith efforts” to meet the training goal. The OJT Goal for calendar year 2019 is 7.6%;
- Trainee hours will be counted for all construction projects located in the State of Ohio for the calendar year, including Federal, State, local and privately funded;
- Prime contractors will not be required to submit any additional documentation to ODOT in order to track the trainee goals—
ODOT will utilize DAS Input 29 Form in order to track this data;
- In the event a prime contractor fails to meet the annual training goal, the prime contractor must submit “good faith efforts” documentation to ODOT setting forth the reasons why the prime contractor was unable to meet the annual training goal. By submitting good faith efforts, the prime contractor will be deemed in compliance.
Should you have any additional questions about the OJT Program Plan, please contact ODOT’s Office of Small & Disadvantaged Business Enterprise at 614-466-3957.
Click the above link to access a revised Notice to Industry regarding Counting Expenditures with DBE Materials and Supplies Vendors (MSVs) toward DBE Goals.
Click the above link to access a Notice to Industry regarding the requirement for firms to complete the FHWA-1391 form.
Notice to Industry
From the Ohio Department of Transportation
Division of Opportunity, Diversity and Inclusion
July 5, 2018
Attention Prime Contractors:
The FLSA does not allow for deductions for items which are considered to be primarily for the benefit or convenience of the employer. *“Some examples of items which would be considered to be for the benefit or convenience of the employer are tools used in the employees work, damages to the employers property by the employee or any other individuals, financial losses due to clients/customers not paying bills, theft of the employers property by the employee or other individuals. Employees may not be required to pay for any of the cost of such items if, by so doing, their wages would be reduced below the required minimum wage or overtime compensation. This is true even if an economic loss suffered by the employer is due to the employees negligence.”
Deductions that are not allowable that the Department has recently addressed are for Cell phones or cell phone insurance, and vehicle damage caused by an employee driving an employers vehicle.
For purposes of this notice, minimum wage could also be considered the prevailing wage.
ODOT will evaluate deductions as such on a case by case basis as certified payroll are audited.
*Taken from USDOL Fact Sheet #16: Deduction From Wages for Uniforms and Other Facilities Under the Fair Labor Standards Act (FLSA)
For questions or additional information, please contact Danette Shuler, Contractor Compliance Manager, Danette.Shuler@dot.ohio.gov / 513.933.6530
Title: Materials and Supplies Vendors (MSV) Informational Webinar
Date: Tuesday, June 12, 2018
Time: 10am – 12pm
Note: A version of Microsoft Silverlight must be installed in order to view the live webcast and/or watch it later. This is a free download from Microsoft. Mac users can download Silverlight through Safari.