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PURPOSE:
To notify Certified Local Public Agencies (LPAs) that are cities or counties about:
- A new Certified LPA Civil Rights Bidding Documents Checklist (form 734-5460).
- Updates to the checklist as a result of recent Disadvantaged Business Enterprise (DBE) Program changes.
- Remind certified LPAs that civil rights goals requests are still required for all construction projects.
- Action Required: Certified LPA Acknowledgement form for Rev-1 due by March 27, 2026.
(Note: Substantive Rev-1 revisions are shown in “underline text”.)
BULLETIN INFORMATION:
1. Background: Per the Local Agency Guidelines for Certified Local Public Agencies, Section C, Chapter 8, Certified LPAs must submit bidding documents to ODOT Office of Engagement and Civil Rights (OECR) for confirmation that civil rights goals and provisions are correctly included in the Plans, Specifications & Estimates (PS&E) package. The Certification Program Office and OECR developed a Certified LPA Civil Rights Bidding Documents Checklist (form # 734-5460) to improve the bidding documents submittal and review process. Initially, the checklist will be piloted in MS Word format; following a trial period and receipt of user feedback, the checklist will be finalized and formatted into a fillable PDF form.
The checklist eliminates the requirement to include Equal Employment Opportunity (EEO) Aspirational Target Provisions (00025_EEO_ASP_TARGET). Removal of the EEO Aspirational Target Provisions is the only change to required provisions and forms.
DBE Program Updates: In October and November 2025, the Certification Program emailed guidance to Certified LPAs about DBE-related changes to solicitation and contract provisions. On December 2, 2025, Bulletin 101-66-Rev-3 notified certified LPAs of the requirement to update and receive Certification Program approval of bid book and related construction contracting templates in response to ODOT DBE Program changes.
These communications notified Certified LPAs that DBE contract goals are suspended until further notice and that additional changes to ODOT’s DBE Program and contracting provisions are anticipated in the coming months. However, the requirement to request civil rights goals from OECR for construction contracts has not been suspended. Certified LPAs are still required to request civil rights goals in accordance with Section C, Chapter 8 of the ODOT Local Agency Guidelines Manual.
As a result of Bulletin 101-66-Rev-3 requirements, the DBE items on the checklist require special treatment until such time as ODOT announces permanent updates to DBE-related solicitation and contract provisions. See additional details under item 3 below.
2. Description of Checklist: The Certified LPA Civil Rights Bidding Documents Checklist includes:
- General project information, including applicable DBE and OJT/Apprenticeship hours goals
- Required bidding provisions and forms
- Required contract provisions (including Workforce & Equal Employment Opportunity Program and other required provisions)
- Required General Conditions relating to civil rights programs
- A list of provisions and forms that should not be included on Certified LPA projects
3. Using the Checklist
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Assembling the bid documents: The checklist is intended to help Certified LPA staff assemble the bidding documents by providing direct links to the applicable provisions and forms in the checklist. (Note: Recent changes to provisions applicable to ODOT-delivered projects means the ODOT Boilerplate Special Provisions page no longer includes all the provisions required on Certified LPA-delivered projects. Certified LPA staff should use the checklist links to verify the most current required provisions are included in the Certified LPA’s bidding documents.)
- Temporary DBE instructions: Temporary DBE-related instructions and mark-up have been added to the checklist. Follow these instructions until further notice. For an example of how to complete the checklist, see the Sample Completed Checklist linked in item 6 below.
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Bid document quality assurance: Once the bidding documents are assembled, the Certified LPA project manager should use the checklist to verify that only the required provisions are included, complete the information requested on the checklist, and sign the checklist. The Certified LPA QA reviewer should also verify the correct provisions are included and sign the checklist.
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Submitting the checklist: The signed checklist must be submitted with the required bidding documents to OCRINFOREQUEST@odot.oregon.gov (with copy to the ODOT LAL). OECR will verify the accuracy of the checklist and documents and respond to the Certified LPA, generally within five business days of receipt.
4. Effective Date: Effective as of the date of this bulletin.
Certified LPA staff are to prepare and submit the checklist with the Certified LPA’s bidding documents to OECR. If you have comments or input on the checklist, please email your comments to ODOTCertification@odot.oregon.gov. Based on feedback gathered during the pilot period, the Certification Program will produce a final version of the checklist, which will likely occur after the DBE Program provisions have been permanently updated.
5. Technical Assistance: Contact the Certification Program with any questions or input on the Certified LPA Civil Rights Bidding Documents Checklist.
6. Webpage links:
https://www.oregon.gov/odot/LocalGov/Pages/Forms-Apps.aspx
- Certified LPA Civil Rights Bidding Documents Checklist (form 734-5460):
https://www.oregon.gov/odot/Forms/2ODOT/7345460.docx
https://www.oregon.gov/odot/LocalGov/Pages/LAG-Manual.aspx
- Sample Completed Checklist:
https://www.oregon.gov/odot/LocalGov/Documents/SAMPLE_DBE-IFR_CLPA-CR-BiddingChecklist_7345460.pdf
- Certified LPA Acknowledgement Form:
https://forms.office.com/g/TFiRnaZS3U
7. ACTION REQUIRED: By March 27, 2026, the Certification Program Liaison (or designated primary contact) for each Certified LPA that is a city or a county, must complete the linked form above (item 6) to acknowledge this Bulletin-Rev-1 and to commit to forwarding it to staff and consultants engaged in federal-aid project delivery as appropriate.
Questions, concerns, or need an accommodation or alternate format?
Please contact us at:
Link to Online Posted version of policy
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