Final clearance for construction contracts and other reminders
By: Elisa Bottos, Project Delivery Engineer and Lee Nordstrom, Operations Engineer, Office of Civil Rights
In accordance with MnDOT Standard Specifications for Construction 1516.3 a written clearance is required to close a federally funded construction contract. Part of 1516.3(4)(7) is to get final clearance from the MnDOT Office of Civil Rights (OCR) once they have determined that all contract obligations have been met with respect to the Disadvantaged Business Enterprise Program, Workforce, Tribal, and/or the On-the-job Training Programs.
The Local Public Agency (LPA) must initiate the final clearance by submitting the Final Clearance Request form (Word) to OCRFormSubmissions.dot@state.mn.us. If you have not already submitted the Signed Exhibit As, include those as an attachment as well.
The Prime Contractor must submit a DBE Total Payment Affidavit and Final Contractor Payment Form to OCRFormSubmissions.dot@state.mn.us. If the Prime Contractor did not meet the DBE commitments at contract clearance, then they must provide a written explanation. A Small Business Contracting Specialist will then follow up with the LPA to verify if the contractor’s shortfall explanation is accurate. The Prime Contractor must also ensure all contractors on the project enter workforce data in Salesforce, and if applicable, complete the Indian Employment Tracking Form and On-the-Job Training requirements.
Other reminders
Local public agencies
During construction, section G of Exhibit A should be completed by the construction project engineer when 1/3 to ½ of the work is completed by the firm listed on the form. This form is intended to ensure that the DBE contractor is performing the work contracted on the project.
If there is an On-the-job Training goal on the project, the prime contractor must submit a Certification of OJT Hours form to the project engineer for review. If the hours are approved, the project engineer processes a change order for OJT payment based on the applicable rates in the OJT Trainee Approval Letter.
Contractor requirements
Contractors may not reduce, substitute, or terminate a DBE without the approval from OCR. The Contractor must complete and submit the Termination, Substitution and Reduction Request form and include all supporting documentation. That DBE firm is allowed five business days to respond. The request must be approved by OCR.
Contractors must pay each subcontractor no later than 10 business days of receiving payment for undisputed services provided by the subcontractor. Contractors with subcontractors must submit the
Contractor Payment form monthly to OCRFormSubmissions.dot@state.mn.us.
Contractors must complete and submit workforce data weekly via the OCR Salesforce Portal.
If the project is on or near tribal lands, the Contractor must complete the Indian Employment Tracking form no later than 90 calendar days after receipt of the semi-final estimate.