”Know The Road “ 2020 Annual DBE Contractor’s Conference The annual Disadvantaged Business Enterprise (DBE) and Contractor’s Conference, the biggest event hosted by the Civil Rights Division was well received by attendees. With over 230 firms, businesses, and partners registering for the conference, a level of excitement and anticipation swept through the division. The Civil Rights staff, including those that work closely with DBE Firms and volunteers from other divisions in ODOT, began preparing for the event several months in advance with hopes of creating an environment of learning, networking, and growth. This year’s theme, “Know the Road,” reminds us of the importance of knowing your own business and the business of the Disadvantaged Business Enterprise and the Oklahoma Department of Transportation.

The conference began with the Presentation of Colors and Pledge of Allegiance by the Junior Reserve Officer Training Corps (JROTC) of Choctaw High School, followed by opening remarks and a welcome from DBE Supportive Services Coordinator, Kellye Johnson. Tim Gatz, Secretary of Transportation & ODOT Executive Director spoke to attendees about the importance of the DBE program and directed participants to remember to network and be open to forming new connections. He was followed by Basharat Sidiqqi, Oklahoma Division Administrator for the Federal Highway Association (FHWA), who greeted conference attendees with warm words of encouragement and finished by introducing his special guest, Irene Rico, FHWA Associate Administrator.

2nd Edition 2020

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TRANSPORTER

Mrs. Rico gave a riveting presentation about the federal goals of the DBE program and the expected outcomes for the participants of the program. She commended Oklahoma on following through with all of the action items on the Program Review, mentioning that we were the only state out of five to do so up to this point. Colette Holt (Colette Holt & Associates) presented information about the ongoing disparity study. Ms. Holt explained the disparity study for the DBE program and entertained questions from attendees wanting clarification on the validity and results of the study. Bobby Stem (Director, Association of General Contractors), discussed the benefits of becoming a member of the association and reiterated the importance of networking and building new partnerships. Brian Taylor, ODOT Chief Engineer, closed the conference out with agency news and inspiring expressions.

Breakout Sessions were offered on different areas of the DBE and Outreach programs of the Civil Rights Division. Members of the ODOT staff and FHWA presented in each of the sessions, with topics that included: contracting and what should be done after the award, procurement, and information on becoming certified DBE firms.

A panel discussion, made up of certified DBE firm owners, passed on valuable knowledge and encouraged conversation amongst firms to learn what processes or strategies ushered them to success in the DBE program. The panel discussed issues and solutions in their respective areas of industry. Q&A time was included to allow questions from the audience.

Over 80 door prizes were awarded to attendees through the overwhelming generosity of DBE Firms, contractors, and partners of the program. Conference surveys indicated that this part of the conference was a fan favorite! Overall, the conference was a success and the Civil Rights Division and ODOT staff is excited to start gearing up for next year! Remember to check your emails and the DBE events page for upcoming events and conferences in 2020 and 2021.

Civil Rights Division

(405) 521‐3186

1‐800‐788‐4539

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”Know The Road “ 2020 Annual DBE Contractor’s Conference

Welcome New DBE’s

Action Group Management, LLC

Amarillo Testing & Engineering, Inc

Comcentia, LLC

D BAR T, LLC

Diversified Technology, Inc

Environmental Consultants of Habitats and Or‐ganisms, LLC

Fenway Enterprises Consulting and Innovative Solutions, LLC

Geo Cal, Inc

Gizmo Trucking, LLC

Harris Hauling & Supplies, LLC

Hudson Prince Engineering & Inspection, PLLC

Impact Contractors, LLC

JSCO, Inc DBA Jay & S Dozer & Excavation

MDG Consulting Services, LLC

Plenty Mercantile, LLC

Racer Trucking, LLC

Renaissance Geotechnical Engineering, PLLC

Sharpshooter Communications

Stripe N Time, LLC

Universal Development Enterprise

Vaughn Trading Co

Employee Spotlight—Jessica Patterson

Where’s your favorite place in the world?

My favorite place in the world is the Santa Monica Pier in Santa

Monica, California.

Who would you like to swap places with for a day?

Oprah Winfrey‐ She is influential and successful.

Are you a dog person or a cat person (or neither)?

I am a dog person. I love dogs.

If you could be on a TV game show, which one would it be?

Family Feud‐ because of the show’s family‐oriented environment.

What do you like on your pizza?

I like veggies on my pizza.

The Prompt Payment Review Process by Clay Swanson, Contract Compliance Officer

Since I have started working with the Oklahoma Department of Transportation (ODOT) I have had several individuals ask me questions concerning why ODOT was contacting them about a prompt payment review. I thought I would take this opportunity to share why ODOT does prompt payment reviews and assist you in recording payments when they are received. We at ODOT require sub-consultants to be paid in a timely manner. To ensure a timely payment, ODOT has established that, when criteria for payments are met, 15 calendar days is a reasonable time to make payment. This means the prime consultant has 15 calendar days to pay the sub-consultant after they have received payment from ODOT. Prompt payment is required on federally funded as well as state funded contracts. To ensure compliance we conduct what is called a “Prompt Payment Review.” The process on which the prompt payment review is done is as follows: 1. A contract is randomly selected from the

Transportation Online Professional Services (TOPS).

2. Once a contract has been selected and payments to the prime consultant have been verified, one or more of these payments are selected for review.

3. The Compliance Officer will use TOPS to determine which sub-consultant provided the services, the date on which the payment was made to the prime consultant, and the amount of the payment.

4. The Compliance Officer will then attempt to verify that the payment has been received by the sub-consultant through TOPS.

5. When verification may be made with TOPS and the sub-consultant has entered a date of

receipt of payment that is within 15 days of when the prime consultant was paid, then the Compliance Officer will document the findings and close the review.

6. However, if payment is unable to be verified using TOPS then the Compliance Officer must contact the sub-consultant and ask for verification of payment and date of receipt.

7. When it is determined that the sub-consultant has not been paid in compliance with ODOT requirements, the prime consultant is notified and requested to correct the action. The prime consultant is subject to prompt payment reviews for the next six months.

8. In the event, a prime consultant fails to comply with the prompt payment requirements or a pattern and practice of prompt payment violations is recognized and other efforts of remedy have been exhausted, the agency shall invoke administrative actions including, but not limited to, the withholding of solicitations / bids proposals.

As a Compliance Officer I have contacted several sub-consultants to verify payments and I appreciate their patience and understanding. I realize that it does take time out of their busy schedule to go back and verify when payments were made, however the verification is the only way that compliance can be ensured, when it has not been documented on TOPS. We do encourage sub-consultants to keep TOPS updated with payment information. If you are not familiar with TOPS you may find a User Guide for TOPS in the following site: https://www.ok.gov/odot/Doing_Business/Pre-Construction_Design/Consultant_Contract_Information/Consultant_Contract_Solicitations/ If I may assist you with TOPS please do not hesitate to contact me, Clay Swanson at (405) 522-0415.

Clay Swanson is the new Contract Compliance Officer for Preconstruction. Before coming

to ODOT he was self‐employed, working in food service as well as in real estate. He has previously

worked in state government, working for the Department of Rehabilitation Services (DRS)

for 19 years. While working for DRS he worked in the Business Enterprise Program where he

assisted individuals who are blind with business development and management. Clay has a

Master’s Degree in Public Administration as well as a Bachelor’s Degree in Business Management

and Ethics. Clay enjoys the opportunity of being a pastor of a church as well as spending time

with his family and friends, especially his grandsons. Hobbies includes cooking, fishing, reading

and games. Clay believes that there is great potential in every person if they are just given the

opportunity and tools to develop it.

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.

Title VI of the Civil Rights Act of 1964 During a Pandemic

During this time our world and way of doing business has changed drastically. What does this mean with regards to discrimination and the rights of those entities that do business with the Oklahoma Department of Transportation (ODOT)? Those rights are still in force. The ODOT’s functions are considered essential. The Civil Rights Division is still working. To maximize social distancing, our office is currently on telework. We can still be reached by phone (office phones are forwarded) and email. The agency is committed to continuing business in a non‐discriminatory manner, while complying to the extent possible with requirements and recommendations of social distancing. For questions about Title VI, please contact me by phone or by email: Katrina Fire, Title VII and VI Coordinator Oklahoma Department of Transportation Civil Rights Division 405‐521‐3379 kfire@odot.org It is important to remember that discrimination that was not okay before Covid‐19, is still not okay during Covid‐19. The Asian‐American community in particular has been subject to discrimination and harassment. Specifically people of Chinese descent, but in reality anyone that is of Asian descent can be misidentified as Chinese and subjected to stigma. That treatment can range from social avoidance to outright physical violence! The CDC has clearly stated (see link #2 below) that persons of Asian descent are NOT at greater risk of spreading Covid‐19 than any other Americans. Please be safe, and be kind to one another during this difficult time.

“When written in Chinese, the word ‘crisis’ is composed of two characters. One represents danger and the other represents opportunity.” – John F. Kennedy

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

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Disadvantaged Business Enterprise / Airport Concessionaire Disadvantaged Business Enterprise (DBE/ACDBE) No Change Affidavits Title 49, Code of Federal Regulations, Part 26.83, requires all Disadvantaged Business Enterprise/ Airport Concessionaire Disadvantaged Business Enterprise (DBE/ACDBE) firms to submit a No Change Affidavit (NCA) every year on the anniversary date of your certification. The NCA and the firm’s current Federal Tax Return is required.

No Change Affidavit (NCA)

The No Change Affidavit (NCA) will specifically confirm that your firm continues to meet the requirements of the DBE program. The NCA must be completely filled out and notarized, otherwise cannot be processed.

To ensure that the NCA is complete:

Fill out the firm’s name (first three blank spaces in the form); Make sure to put a checkmark on “Yes” or “No”; Sign and date; Print and date; and Notarize the form.

Federal Tax Returns The Federal Tax Return is to verify that your firm continues to meet the overall gross receipts cap ($1.32) requirement of the DBE program. A complete Federal Tax Return includes all forms, schedules, and statements filed with the Internal Revenue Service. To determine if the firm is under the $1.32 gross receipt cap, the last three years’ gross receipts are evaluated.

If your firm submitted an extension instead of the previous year’s Federal Tax Return, the previous year’s tax return is also required. In the case that the firm also filed an extension for the current year, the firm is required to submit last year’s Federal Tax Return and this year’s extension. If the firm filed another extension last year and for this year, the last three tax returns on file will be used to determine the overall gross receipts of the firm.

Online Applications Initial applications for the DBE/ACDBE certifications along with the NCAs are online via the Civil Rights Certification and Compliance (CRCC) system. The direct link to the CRCC is https://okdot.gob2g.com/Default.asp. Firms can also access the CRCC from the Civil Rights Division’s webpage located at: https://www.ok.gov/odot/Doing_Business/Civil_Rights/index.html. The Civil Rights Division requires all submissions online through the CRCC system. Any documents that are received by postal mail or fax will be returned. Below are the step-by-step instructions for the online application: Online Applications Steps

• Log into your profile • In the “Dashboard” click on the red “1” under “Renewing” • Click on “Renew/Apply for Certification” • Under the “Select an Option” box, click on the “Your firm is currently certified by ODOT” In the “Eligibility Requirements” box, select “Yes” under the “Is your firm currently DBE/ACDBE certified

by ODOT” and then click on “Continue” Check the box to start the application process and click on “Continue” Attach you “NCA” form Attach your Firm’s Federal Tax Return In the “Required Documents” section you can click on “Clear” and then on “Lock In” if you have no additional

documents to attach Once all documents are attached, click on “Return”

If you have any further questions or need any further assistance, DBE Reviewers can be contacted at 405-521-3186.