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7. Mandatory Training: Prime Contractors who fail to obtain an annual average (based on the
calendar year) of at least 60% “Satisfactory” ratings on all OFC Compliance Field Audit
Reports may be required to attend a mandatory 4-hour Contractor Compliance Training Class
each spring (as scheduled by the OFC). A principal owner or executive officer of the
company, and his/her payroll accountant shall attend.
a. Compliance ratings will be averaged over all projects if a Prime Contractor has
multiple projects.
b. The OFC has at least two Contractor Compliance Training Seminars each year.
Every contractor participating on Federal-aid construction projects is encouraged to
attend.
8. Restitution: If required, restitution shall be performed in accordance with the OFC
guidelines. The OFC Form 8 - Restitution Worksheet and Affidavit shall be used.
9. Temporary Suspensions:
a. Any Contractor, Subcontractor, or Lower-tier Subcontractor found to be in violation
of FHWA Form 1273, Required Contract Provisions, made part of its contract, or has
failed to comply with OFC Field Audit requirements, will be required to take
corrective action before participating in future projects funded by the Department.
Corrective action will include, but not limited to, the submission of certified payrolls
or other records and reports necessary to verify compliance with the Provisions.
b. Any Contractor, Subcontractor or Lower-tier Subcontractor found to have repeatedly
violated the FHWA Form 1273, Required Contract Provisions, may be required to
complete 4-hours of Federal Contract Compliance Training conducted by the OFC.
When mandated, a principal owner and/or company executive and his/her payroll
accountant shall attend. Federal Contract Compliance Training must be completed
before participation on future projects is authorized. This requirement does not
relieve the Contractor of its obligations under the prime contract, nor does it prevent
the Department from seeking other remedies or enforcement action, as provided by
the governing Rules, Laws, and Federal Regulations.
c. Companies will be notified of suspensions in writing. Actions the company must take
to have participation privileges restored will be clearly indicated. Companies will
also be advised that if a satisfactory response is not received within 30 days of receipt
of the suspension notice, the company will be considered “non-responsive.” In cases
where companies are non-responsive, and unpaid wages on the part of the
subcontractor or lower-tier subcontractor are involved, the matter will then be
deferred to the Prime Contractor for payment of wages as provided in Form FHWA
1273, Required Contract Provisions, Section I, Paragraph 3.
10. Right to Withhold Payment: The Department may withhold payments claimed by the
Contractor on account of:
a. Failure of the Contractor to make payments to Subcontractors for materials or labor.
b. Regulatory non-compliance or enforcement.
c. Failure to comply with OFC Field Audit Report requirements.
