Small Enterprise Training (SET) courses are offered

regularly and usually in a classroom setting. As the

pandemic grew in numbers in person trainings and

meetings were cancelled or postponed. With no

specific date set for resuming personal interactions,

trainings are now being offered virtually. Two virtual

trainings were offered in June and several more have

been scheduled through the summer months. Please

check the SET Training schedule and your listed email

to be informed of future trainings as they are

planned.

The pandemic has caused financial strain on small

businesses as the economy strains with closures

and mass unemployment. The Cares Act provided

a solution by funding economic relief through

several different programs. The DBE Supportive

Services Coordinator has attended federal and state

webinars to learn about different opportunities.

This information has been and will continue to be

shared via email to certified DBE firms.

The entire Civil Rights Division will continue to serve you as we make accommodations for the “new normal”. Don’t hesitate to reach out with comments, concerns, and suggestions. We will get through this together!

The Coronavirus Pandemic has been the most

traumatic experience for almost everybody and has

affected our way of life in more ways than one. Unlike

a snow storm or Tornado, COVID-19 has not been a

fleeting tragedy and no end date in sight. This global

unrest and uncertainty caused all organizations to be

creative in continuing service as smoothly as possible.

With DOT’s continuing work throughout the country;

the Disadvantaged Business Enterprise (DBE)

program has also been innovative in providing

customer service, training, and supportive service.

The Civil Rights Division has continued to be

committed to customer service. With the world

being quarantined, it created more time for

small businesses to take advantage of minority

certifications. A new resource list was added for

DBE certified firms to learn about organizations

designed specifically to help minority and women

owned businesses. These resources include

links to organizations such as the Small Business

Administration, Minority Business and Technology

and local Chambers of Commerce. The resources

listed can help with certifications, education and

special financing for minority owned small

businesses.

Greetings,

Together, with the global corona virus pandemic we are facing an unprecedented situation which is

affecting all of our families, our businesses, our communities, and our way of life. In order to be compliant

with CDC guidelines, please contact the office at (405) 521-3186 to schedule an appointment for office visits.

Covid-19: The New Normal

Third Edition 2020 Transporter

The United States Equal Employment Opportunity Commission (EEOC) has stated that during this pandemic, all civil rights laws are still in force. This includes Title VII discrimination and the Americans with Disabilities Act (ADA). These laws apply to those employers with 15 or more employees. The EEOC states, “Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety.” If you follow the first link below, this page will provide a wealth of guidance for you as an employer, rights and responsibilities. It is important to remember that as an employer you are responsible for the health and safety of your work force. Therefore it is best to know what is permissible from your employees such as: asking questions about COVID-19 symptoms, checking temperatures of employees (while also realizing fever

may not be present), and requiring a sick employee to provide a COVID-19 test before returning to the workplace. It is also vital to remember that any such medical information gathered on an employee must be kept confidential and separate from their personnel records. Privacy requirements are still in place. During this pandemic there has been discrimination in particular towards individuals perceived to be of Chinese or other Asian origin. Be aware and alert to derogatory remarks and hostile behavior towards those individuals. Employers remain responsible for making sure their employees are not subject to Title VII harassment or discrimination. The Centers for Disease Control (CDC) have provided guidance for employers (the second link listed below) on workplace safety and Personal Protective Equipment (PPE). The goal is to prevent and reduce the

transmission between employees while still maintaining good operations. Guidance is also provided regarding separating sick employees and sterilizing work areas to protect employees. “Nothing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less.” – Marie Curie https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Covid-19 and Civil Rights Laws

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Currently, all federally funded construction subcontracts and/or sub-agreements must be submitted for review and approval by the Civil Rights Division prior to the subcontractor performing contract work. Subcontracts must be submitted by the prime contractor through the constructionsubcontracts@odot.org address. The primes have been notified to include the following in all correspondence:

contract ID, project number, prime contractor and subcontractor.

As a minimum, the following information must be included in all subcontracts:

- Full description of the contract work to be performed by the subcontractor - Contractor Equal Employment Opportunity (EEO) Policy Statement as per CFR 23 section 230

- Form FHWA-1273 (must be physically attached verbatim to subcontracts, excluding purchase orders, rental agreements and other agreements for supplies or services). As per CFR 23 section 633.102

- ODOT Title VI Assurances Appendices A and E (must be physically attached verbatim) as per CFR 23 section 230

- Prompt Payment/Return of Retainage provisions (from the ODOT DBE Program Manual) - Signature(s) of the prime contractor and subcontractor

If the subcontractor is a certified DBE, the following is ALSO required:

- Full description of the contract work that the certified DBE will perform based upon their North American Industry Classification System (NAICS) code. (ie. Activity codes).

- DBE Termination/Substitution/Replacement Clause (from the ODOT DBE Program Manual). - If needed for reference, this information can be found on our website at: https://www.ok.gov/odot/Doing_Business/Civil_Rights/Subcontract_and_Sub-

Agreement_Requirements.html

The new Construction Subcontract Assurances Agreement (CSA) is now live! This CSA

Agreement will make the approval process faster and easier. Prime contractors will now have the

choice of getting their construction subcontracts approved through the current process or merely

having the prime contractor and the subcontractor electronically sign a CSA Agreement which will

automatically be submitted to constructionsubcontracts@odot.org for approval. Prime contractors

will not need to submit a copy of the subcontract to the Civil Rights Division if they are using a CSA

Agreement.

Information on how to use the new Construction Subcontract Assurances Agreement (CSA) can be found at

https://www.ok.gov/odot/Doing_Business/Construction/Construction_Subcontract_Assurances_Agreement/index.html

Big Changes Coming to the Construction Subcontract Approval Process!

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DBE Termination/Replacement Process

If the prime consultant/contractor seeks to

terminate a DBE on a federal-aid project, the

prime consultant/contractor must first notify the

Disadvantaged Business Enterprise (DBE) firm in

writing. The request must give the DBE notice

of the prime's intent to terminate and the

reason. The request must give the DBE 5

calendar days to respond to the notice and

provide any reasons, if any, why it objects to

the proposed termination and why the prime's

request to terminate should not be approved.

As stated in the Code of Federal Regulations

(CFR), good cause for terminating a DBE does

not exist if the prime consultant/contractor

seeks to terminate a DBE it relied upon to obtain

the agreement/contract so that the prime

consultant/contractor can self-perform the work

for which the DBE was engaged or so that the

prime consultant/contractor can substitute

another DBE or non-DBE after award. The CFRs

identifies some of the following for good cause

for terminating a DBE:

The listed DBE fails or refuses to execute a

written contract;

The listed DBE fails or refuses to perform the

work of its sub-agreement/subcontract in a

way consistent with normal industry

standards. Provided, however, that good

cause does not exist if the failure or refusal of

the DBE to perform its work on the sub-

agreement/subcontract results from the

bad faith or discriminatory action of the

prime consultant/contractor;

The listed DBE fails or refuses to meet the

prime consultant/contractor's reasonable,

nondiscriminatory bond requirements.

The listed DBE voluntarily withdraws from

the project and provides to you written no-

tice of its withdrawal; and

The listed DBE is ineligible to receive DBE

credit for the type of work required.

After notifying the DBE firm, the Prime is then

to submit the appropriate DBE Form 4. The

DBE Form 4, along with justification, shall be

submitted for approval to the Oklahoma Department of

Transportation (ODOT). ODOT will make the final

determination and notify the prime consultant/

contractor in writing of the decision. If ODOT

does not approve the request, the prime

consultant/contractor shall continue to use

the committed DBE in accordance with the

agreement/contract. For more information

on the DBE termination/replacement process,

visit ODOT’s webpage.

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As a reminder, the Oklahoma Department of Transportation (ODOT) has awarded Colette Holt & Associates (CHA) to conduct a statewide disparity study for the Disadvantaged Business Enterprise (DBE) program. This process includes contacting businesses to confirm information on specific contracts, conducting online training sessions, and interviewing ODOT personnel, contractors, consultants and DBE firms. Firms will be contacted by email, phone and by mail. We kindly ask that you participate and provide your input. The ODOT values all our partners and your feedback is crucial! For more information on the DBE Disparity Study, visit the Civil Rights webpage!

Check us out on the Web !

https://www.ok.gov/odot/Doing_Business/Civil_Rights/

Oklahoma Department of Transportation - DBE Disparty Study

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DBE Reimbursements

Remember funds are available for DBE firms

to be reimbursed for training, website design,

and financial review audits! There is a link

with more information (including the

applications) under the DBE Supportive

Services Program section on the ODOT/

https://www.ok.gov/odot/Doing_Business/

Civil_Rights/DBE_Information.html

Upcoming Event

Event: Emotional Literacy Date: July 24, 2020 Time: 10:00 am - 11:00 am Location: Virtual Email msolis@odot.org to RSVP. Confirmation email and training link will be sent after RSVP. *Open to the public

Welcome New DBE’s

Carolina Concession LLC

Central Staffing Solutions, LLC

Coast to Coast Hospitality, LLC

Cooks Consulting, LLC

Flairsoft, Ltd

G & A Express Trucking LLC

Guytec Steel, Inc.

Innova Technologies, Inc.

L and M Logistic, LLC

LeJeune and Associates, LLC

Native American General Contractors, LLC

Pacific Coast Land Solutions, LLC

Pinnacle Grinding and Grooving, LLC

Texas Toro Bravo Construction, LLC

Whitetail Environmental, LLC

Civil Rights Division

(405) 521-3186

1-800-788-4539

The Oklahoma Department of Transportation (ODOT) ensures that no person or groups of persons shall, on the grounds of

race, color, sex, religion, national origin, age, disability, retaliation or genetic information, be excluded from participation

in, be denied the benefits of, or be otherwise subjected to discrimination under any and all programs, services, or activities

administered by ODOT, its recipients, sub-recipients, and contractors. To request an accommodation please contact the ADA Coordinator at

405-521-4140 or the Oklahoma Relay Service at 1-800-722-0353. If you have any ADA or Title VI questions email ODOT-ada-titlevi@odot.org.

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