MnDOT Office of Civil Rights Targeted Group Business and Veteran-Owned Small Business Programs Special Provisions Updates March 2017

Acronyms/Abbreviations OCR-MnDOT Office of Civil Rights TGB-Targeted Group Business VET-Veteran-Owned Small Business GFE-Good Faith Efforts CRL-AASHTOWare Project CRL Exhibit A-TGB/VET Description of Work and Field Monitoring Report 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

Why the updates? OCR maintains different sets of Special Provisions for different program areas and contract types. Changes in law, technology, and program implementation made it timely to review and update the special provisions. The new TGB/VET Special Provisions will go into effect for projects advertised on or after March 31, 2017. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

Revisions and Updates 1. Appearance/Layout 2. “All Purpose” approach TGB/VET Special Provisions 1. Appearance/Layout 2. “All Purpose” approach 3. Submission Timelines 4. Waiver Process/Good Faith Efforts 5. AASHTOWare Project CRL 6. Exhibit A form 7. Commercially Useful Function Clarification 8. Prompt Payment 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

1. Appearance/Layout Organization has been updated to be more user-friendly. Contractor requirements are set out chronologically with requirements “Before Award” and “After Contract Award.” Additional explanations and forms are attached as Appendices. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

1. Appearance/Layout Forms have been updated and made into fillable pdfs. Table A outlines what needs to be submitted when one or both of the goals are met or not met. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

2. “All-Purpose” approach Currently, there are different sets of Special Provisions for construction and professional technical contracts for TGB and VET businesses These updated Special Provisions will make one set of TGB/VET special provisions applicable to all contracts where the TGB and VET programs apply. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

3. Submission Timelines The deadline for TGB/VET documentation and Good Faith Efforts Submissions will change to 5 calendar days for projects advertised on or after March 31, 2017. This is being done to have consistency across the small business contracting programs (DBE, TGB, and VET). Previously, contractors had up to 5 business days to submit their TGB/VET documentation. Extensions for good cause can be requested, and must be approved by the Director of the Office of Civil Rights. If the date the responder’s submission is due is a Saturday, Sunday, federal holiday, or Minnesota state holiday, the documentation is due on the next calendar day that is not a Saturday, Sunday, federal or Minnesota state holiday. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

3. Submission Timelines (continued) Documentation due date varies by project delivery type Table B on page 5 of the updated provisions outlines “When and How to Submit Information to MnDOT.” 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

4. Waiver Process/Good Faith Efforts Previously, contractors could submit a request for a waiver from fulfilling contract goals. Legislative changes have eliminated this process. Contractors must now either meet the goal or demonstrate good faith efforts to obtain TGB/VET participation. Attachment 3 describes Good Faith Efforts Table A describes what to submit to MnDOT when one or both of the goals are met or not met on a project. Contractors are encouraged to submit a detailed narrative of the efforts made to obtain TGB/VET participation. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

5. AASHTOWare Project CRL Previous drafts of TGB/VET Special Provisions did not address CRL. CRL has been included in submission requirements for applicable contracts, to help eliminate redundancy where contractors were being asked to provide information in duplicate. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

6. Exhibit A Form The Exhibit A form has been modified to eliminate unnecessary information and add additional information related to suppliers. Updated Exhibit A form asks for the scope of work being performed, and the associated NAICS code to verify that a firm is certified to receive credit in the area they are performing. Updated Exhibit A form contains a “Section C” which is to be completed by firms purchasing or supplying materials for TGB/VET credit. Questions have also been added to the engineer’s portion of the form to better evaluate and monitor commercially useful function. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

7. Commercially Useful Function Clarification Generally-When a TGB/VET participates in a contract, MnDOT will only count the value of work actually performed by the DBE toward the TGB or VET goals. This has not changed. For bulk materials such as petroleum products, steel, cement, gravel, stone or asphalt, the prime will only receive TGB/VET credit for the total cost of materials and associated hauling used on that contract. Detailed in Attachment 2, “Counting and Commercially Useful Function.” 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

8. Prompt Payment Prompt payment requirements are the same. The prime contractor must pay subcontractors for undisputed services within 10 business days of receiving payment from MnDOT. Table C in the provisions outlines payment requirements for project delivery types Some projects use CRL, other delivery methods require paper submission of forms. 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

Thank you! These updated Special Provisions will be effective for projects advertised on or after March 31, 2017. MnDOT OCR is happy to work with contractors to address any questions or provide clarification about any of these changes. Contact Adrienne Bond at 651-366-3015 or email Adrienne.bond@state.mn.us. We look forward to working with you in the upcoming construction season! 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

Thank you again! If you have any questions or feedback on any of these updates, please contact: Adrienne Bond Adrienne.bond@state.mn.us 651-366-3015 10/14/2018 View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html