The District EEO Contract Compliance Coordinator/Officer shall monitor the DOE to ensure they are in compliance with the following DBE and EEO requirement, provide guidance when requested and to inform the DCE if corrective actions are required by the DOE. ODOT reserves the right to withhold reimbursement until such time that DBE and EEO requirements are being met and appropriately monitored.
(A) Projects with Disadvantaged Business Enterprise (DBE) Goals.
(1) Any project with federal funds and a dollar value greater than $500,000 is eligible for a DBE goal. The goal is assigned by the ODOT Central Office Goal Setting Committee. The Committee reviews each eligible project taking into consideration the size of the project, work types, location and available DBE’s who are located within a reasonable proximity. Once the goal is set, the CE will be notified by the ODOT Office of Local Projects. The CE will then include the required goal in their bidding documents.
(2) The contractor must use DBE firms certified by ODOT. A listing of certified DBE firms is available on the Office of Contracts web page. The contractor shall identify how they will meet the DBE goal and in the event the contractor is unable to meet the goal, the ODOT waiver process must be followed. The prime contractor must contract with DBE subcontractors prior to the signing of the contract with the CE. The waiver process is found on the ODOT Office of Contracts website.
(B) Commercially Useful Function. The DOE is required to monitor DBE subcontractors to ensure they are performing a commercially useful function. A DBE is performing a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing and supervising the work involved with the DBE’s employees. The DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the materials and installing (where applicable) and paying for the material itself (49 C.F.R. § 26.55(c)(1)).
(C) EEO Contract Compliance.
(1) The DOE is required to monitor the contractor and subcontractors to ensure they are meeting the required contract provisions in Federal-Aid Construction Contracts (Form FHWA 1273 - Rev. 4-93), Executive Order 11246, 23 C.F.R. part 230, 41 C.F.R. § 60-1.7(b)(1), 41 C.F.R. § 60-4, 41 C.F.R. § 60-4.3(a), Governor’s Executive Order (11-30-84).
(2) The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows: economic area percentage goals for minority participation are established for the geographical area where the work is being performed; goals are identified in the economic area. The goal for female participation in each trade for Ohio is 6.9%.
(3) These goals are applicable to all the contractor’s construction work (whether or not it is federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.
(4) The contractor’s compliance with the Executive Order and the regulations in 41 C.F.R. § 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 C.F.R. § 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order and regulations in 41 C.F.R. § 60-4. Compliance with the goals will be measured against the total work hours performed.
(Ord. 131-05, passed 10-17-2005)