Contractor Compliance - Construction
- Bulletin Board Required Postings
- Compliance Reviews& EEO Requirements
- Contract Special Provisions
- Davis Bacon and Payrolls
- DBE Forms and CUF(Commercially Useful Function)
- DBE Form 2- PrimeContractor Monthly Payment Log: This form must be received from the prime contractor & input by Residency prior to the end of the month following the month reported.
- DBE Form 3A- Prime Contractor Final Payment Report:This form is to be submitted by each prime contractor at the completion of the project.Please submit forms to the Residency.
- DBE Form 4 - Prime Contractor Notification Change of DBE: This form is to be completed when replacing and/or terminating a DBE firm, prior to the change. Please submit to the Civil Rights Division first. If approved, the prime contractor will be sent a copy and can input request into SitexChange.
- DBE Form 5 - Prime Contractor Good Faith Efforts:This form is to be completed when the DBEcontract goal cannot be met.
- DBE Form 6 - Prime Contractor DBE Confirmation of Intent to Subcontract Federal-Aid Projects: Bidders are required to upload this form and the DBE's quote at the time of bid in BidExpress.
- OJT Program
Good Faith Efforts
When ODOT has established a DBE contract goal on construction contracts, ODOT awards the contract only to a bidder who makes responsibleGood Faith Efforts (GFEs) to meet or exceed the goal.For more information, click here.
The Department has established that, when criteria for payments are met, 15 calendar days is a reasonable time to make payment or release retainage, and requires that payment be made within that time. The 15 calendar day period for subcontracted work or materials and services provided will commence on the date the Contractor receives payment (Prime Contractor Payments) from the Department for the work.
If the Contractor holds retainage for subcontracted work or materials/services provided, the 15 calendar day period shall commence on the date that the Resident Engineer determines that the subcontracted unit or portion of the Contract has been completed in accordance with Subsection 105.17, “Project Completion and Acceptance,” or the project is deemed complete by the Department. Services provided to a Contractor for support of construction operations or as deemed necessary by the Contractor for upkeep of machinery or facilities used directly or indirectly for construction operations shall be paid within 15 calendar days of the last service provided.
If payment is not made for work, material or services, or if retainage is not released within the required 15 calendar day period, the subcontractor will be entitled to make a formal written complaint to the Department detailing the amounts and date due, and the work performed or material provided. The Department will then institute a formal investigation and, if warranted, conduct a formal hearing. Upon a finding that the Contractor failed to perform in accordance with the terms of the Contract requirements, the Department may impose sanctions as provided in Subsection 102.04, “Refusal of Proposals,” Subsection 102.14, “Rejection of Proposal,” or both.
In the event, prime contractor fails to comply with prompt payment requirements or a pattern and practice of prompt payment violations is recognized and all other efforts for remedy have been exhausted, the agency shall invoke administrative actions including but not limited to the withholding of bid proposals.
For information on the Prompt Payment Process and Prompt Payment Form, click here.