The U.S. Department of Transportation (DOT) is about to release revisions to its disadvantaged business enterprise utilization (DBE) rules. The new rules were first proposed in September 2012 and, while considered by DOT to be “minor” adjustments, they will have a significant impact on the highway construction industry. Among the changes, as proposed, prime contractors on Federal-aid highway contracts with DBE goals would have been required to submit with their bid a list of all DBE subcontractors to be used on the project, including the scope of work to be performed, the value of the subcontract and a letter from the DBE verifying these facts. In addition, if the prime contractor did not meet the contract goal, information on all quotes from both DBE and non-DBE subcontractors would have to be submitted with the bid to demonstrate “good faith efforts.” AGC objected vocally to these proposed changes, submitted extensive written comments for the record and held several meetings with top DOT officials to explain the real world impact of these changes if adopted. AGC members also responded and submitted over 100 letters on the proposal. AGC received an advance copy of the new rules and we are pleased to announce that the new rules drop this onerous requirement and instead will allow a 7 day window following bid submittal for the apparent low bidder to submit the list of proposed DBE utilization. This time limit will be reduced to 5 days in January 2017.AGC’s comments also addressed numerous other proposed rule changes and many of AGC’s suggestions were adopted. The new rules adopted AGC’s comment that “race neutral” activities that can be counted by states to meet their annual DBE goals should include participation by DBEs that are awarded contracts as prime contractors, and DBE subcontractors that are awarded subcontracts on contracts that do not have a goal. AGC also recommended that states be allowed to use a list of DBE businesses that have actually participated or submitted bids on contracts as a basis for establishing annual goals. The final rules have been presented to Secretary Foxx for his signature which is expected and then will be published in the Federal Register within the next two weeks. Contractors can expect to see these new requirements show up in bid solicitations in the coming months. AGC will provide a detailed explanation of the rules when they are formally released.

The AGC supported Americans for Transportation Mobility (ATM) Coalition is a collaborative effort by business, labor, transportation stakeholders and concerned citizens to advocate for improved and increased federal investment in the nation’s transportation system. As lawmakers head back to their districts before the midterm elections, ATM launched a regionally focused, multi-platform ad campaign urging Congress to develop a long-term solution to the Highway Trust Fund insolvency.

AGC will provide free highway work zone safety training classes next year thanks to a federal safety grant the association earned. AGC was awarded a Susan Harwood Training Grant from the U.S. Department of Labor to offer the safety training classes designed to prevent injuries among highway, street and bridge construction workers. The highway work zone safety program will be offered in eight different locations beginning in January 2015.

AGC of America will provide highway work zone safety training classes next year thanks to a federal safety grant the association earned. The association will use the $135,000 Susan Harwood Training Grant from the U.S. Department of Labor to offer the safety training classes designed to prevent injuries among highway, street and bridge construction workers, officials said.

This morning, the House Transportation & Infrastructure Committee, along with the Railroad Subcommittee, introduced the Passenger Rail Reform and Investment Act of 2014 (PRRIA).  This bipartisan legislation is scheduled to be considered by the full committee on Wednesday, Sept. 17.

Participate in Hardhats for Highways – Your Company’s Future Depends on It This week, the Congressional Budget Office (CBO) released their semi-annual Economic and Budget Outlook, in which they have updated their ten-year solvency projections for the Highway Trust Fund.

Preparing the Next Generation of Managers  What do the future leaders of the highway, transportation and utility markets look like? How to those future leaders communicate? What will their management style be? Learn what the current generation of construction industry managers are looking for in future company leaders at every level at the 2014 Highway & Utilities Contractors Conference on Nov. 13-15 in San Diego, Calif.

Still Time to Meet with Your Members of Congress in August First, thanks to those of you who have already participated in the Hardhats for Highways campaign and communicated our message with your members of Congress, either through in-person visits or by sending “e-Hardhat” letters.  Your efforts were part of nearly 12,000 letters sent to nearly 500 Congressional offices in 49 states, which led to the passage of a short-term funding patch through May of 2015.

Tell Them to Fix the Highway Trust Fund When They Return to Capitol Hill in September Congress is in recess and working in their home states for the month of August.  While they are home, they need to hear from you.  Please contact your Representative and Senator and urge them to fix the Highway Trust Fund before the end of the year. 

On Tuesday, Missouri voters defeated a proposed statewide sales tax that would have raised billions of dollars for transportation improvements. Constitutional Amendment 7, rejected by nearly 59 percent of voters, would have increased the sales tax by three-quarter percent for the next ten years and generated about $5.4 billion in revenue directed specifically for transportation.