USDOT Requests Input on Changes to DBE Program
As part of the Federal government’s commitment to advancing equity and ensuring access to contracting opportunities, the Biden-Harris Administration and the U.S. Department of Transportation (USDOT) issued a Notice of Proposed Rulemaking (NPRM) to modernize the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) program regulations. Spanning nearly 40 years and mandated by Congress, the DBE and ACDBE programs are intended to prevent discrimination, and remedy the continuing effects of past discrimination, against small businesses owned and controlled by disadvantaged individuals.
By modernizing the existing regulations, the NPRM proposed today would help further level the playing field for small, disadvantaged businesses seeking to compete for federally assisted aviation, highway, and transit contracts as well as airport concession opportunities. These changes are coming at a critically important time as small businesses will play an essential role in helping to build infrastructure made possible by the President’s Bipartisan Infrastructure Law.
A summary of the NPRM can be accessed here. DOT invites comments to the NPRM from all interested parties, including funding recipients and project sponsors, firms participating or seeking to participate in USDOT assisted contracts, and the prime contracting community at large. Written comments to the Federal Register must be submitted using this link by September 19, 2022.
We will be hosting multiple public meetings beginning July 27, 2022. Sign up for the GovDelivery DBE listserv to receive updates throughout the notice and comment period, and view the DBE/ACDBE NPRM Webpage to learn more about the rulemaking process, public meetings, and other information about the NPRM.
Can an Ohio Laborer Draw a Pension and Continue to Work
This question is often posed to OCA’s Labor Relations Director. There are multiple factors that affect the answer. We thought it would be helpful to include below, the response to that question posted on the Ohio Laborers’ Benefit Funds Website.
This is not a simple answer. It depends on where you work, what you do, how much you work, and how old you are.
You cannot work as a laborer or supervise laborers in this Fund’s jurisdiction and still receive your pension benefit until you are Regular Retirement age (60, 62, or 65 depending on when you last worked.)
ODOT Issues Guidance on Epoxy Material Shortages for Bridge Work
Click here for guidance on the material shortages impacting our epoxy urethane sealers and bridge paint. Unfortunately, it appears these issues will continue into the next construction season. If you have any questions or want to discuss individual projects, please reach out to David Flood for help to work through the supply shortage.
ODOT encourages the contractors to continue reaching out to the Districts with the RFI’s as discussed in the attached document and will continue to address these issues on a project by project approach.
Chapter Updates: It was a fun-filled Friday for OCA’s Eastern Ohio Chapter
Last week the OCA Eastern Ohio Chapter had a fun-filled Friday with golf and dinner at Steubenville Country Club.
Golfers were greeted on the course by the Mid Atlantic Maintenance team, who sponsored lunch for the group. Guests also participated in a putting contest on the course that raised money for the chapter’s scholarship fund. The contest was sponsored by Shelly & Sands Terminal and the contest winner was Kelly Hendershot (Ohio-West Virginia Excavating).
Awards were also given for various skill games and to the first place team of The Markosky Engineering Group and the second place team of Green Acres Contracting.
Thank you to all the sponsors that helped make the day a success:
Beaver Excavating Co.
BOCA Construction, Inc.
Green Acres Contracting Co. Inc.
James White Construction Co.
NLS Paving, Inc.
Ohio-West Virginia Excavating Co.
Prestress Services Industries LLC
Ritchie Bros. Auctioneers/Iron Planet
Shelly & Sands, Inc.
The Markosky Engineering Group, Inc.
Warrenton River Terminal, LLC
Worldwide Rental Services
Youngblood Paving Inc.
BEVERAGE STATION SPONSOR:
Jeff Martin Auctioneers, Inc.
Mid Atlantic Maintenance
PUTTING CONTEST SPONSOR:
Shelly & Sands Terminal
For more information about upcoming events, view the OCA Calendar here.
Contracting Issues for 2022
2020 - 2022 taught contractors many lessons on material/labor availability, price escalation, and contractual allocations of risk. Prudent contractors will consider this in contracts moving forward.
Show Me the Money
Long gone are the days of large projects that are simply private or public. Large projects are multi-layered when it comes to funding. Federal, state, and local funds may be part of the funding for the development, adjacent infrastructure, and nearby improvements. Municipalities are using tax incentives, or forgivable grants, to spur development in their communities.
Contractors need to investigate the source of funds for both potential lien rights and to ensure they understand the project cash flow. Is payment a combination of government funding, company funding, and bank financing? Do upper tier contracts condition payment on release of funds by the lenders and/or government distributions? This requires both contractors to evaluate how long they may be required to perform without payment. Contractors should consider if a “right to stop work” exists relative to delayed payment. If work is suspended or stopped due to payment delays, will the contractor be paid for the delay? Contractors want to ensure such delays are both excusable and compensable.
Upcoming EPA Webinars
Assistance and Resources from Ohio EPA and OSHA's On-Site Consultation Program
Environmental Regulations of Buisinesses In Your Community
Come to Barcelona & the 2023 OCA Convention for...
The art, the architecture, the fashion, the cuisine …
The modern neighborhoods, the old town …
The Michelin Star restaurants, the sidewalk cafes …
The spacious parks, the city skyline, the Mediterranean Sea …
Watch for trip details and registration coming in August