The ICC Project is funded in part by the US Department of Transportation (DOT). As a recipient of federal funds, the State of Maryland must ensure that all Design-Build contractors, as well as prime contractors and subcontractors engaged on the Environmental and Mitigation Contracts, are in compliance with the federal regulations codified at 49 CFR 26 and other Federal authorities. In an effort to accomplish this objective, the ICC Project Team has implemented an aggressive oversight and compliance monitoring program to ensure non-discrimination in the award and administration of DOT-assisted contracts.
Contractors and subcontractors participating on the ICC Project are required to:
- create a level playing field on which DBEs can compete fairly for DOT-assisted contracts
- utilize only firms that meet DBE eligibility requirements
- exercise and document good faith efforts to achieve assigned DBE participation goals
- assure that DBEs perform a commercially useful function
- assure that DBEs are paid promptly for services rendered, and for materials and supplies provided
- comply with on-the-job training requirements
- comply with Title VI and Equal Employment Opportunity non-discrimination requirements to assure diversity of the workforce
- comply with Davis-Bacon wage requirements
- assure that proper provisions have been made for individuals with limited English proficiency and/or affected by disabilities covered by the Americans with Disabilities Act
The ICC Project Team will utilize a variety of oversight strategies including, but not limited to:
- desk and field audits
- review of certified payrolls
- monthly and quarterly reports which document compliance, including progress payments made to DBE contractors
- attendance at Project progress meetings
- compliance reviews
In addition, random on-site visits to observe routine business operations and to interview work site employees will be conducted to verify that DBEs are performing the services specified in their contracts. DBEs and non-DBEs will be required to submit to periodic audits, and to complete and submit periodic compliance reporting forms and other reports to document compliance with all DBE program requirements.
When, after investigation, it is determined that a contractor is not in compliance with DBE program requirements, the ICC Project Team, in coordination with officials of the State of Maryland, will take appropriate enforcement measures including, but not limited to:
- facilitating strategies for corrective action
- suspending work, pending compliance
- withholding payment, pending compliance
- decertification of any DBE determined to have committed fraud
- criminal prosecution, if appropriate, and/or
- any other action deemed necessary by the circumstances.
Any issues or questions relating to the ICC Project's DBE Program, or other Civil Rights matters relating to the Project, including suspected fraud or abuse, should be referred to the Office of the Intercounty Connector at 1-866-462-0020 or via email to email@example.com.
All contractors working on the ICC are advised that, as a part of the process of monitoring for compliance with ICC Project DBE goals, all contractor payrolls must be certified to be accurate and true. Certified payrolls will be reviewed regularly. The ICC Project Team will provide assistance to DBEs in the requirements and proper completion of certified payrolls, as needed.