INDOT/DOR Working to Improve OSW Permitting

Several ICI members recently communicated concerns to me about oversize/overweight (OSW) load permitting. Members stated that, as the newly instituted OSW permitting system works well for the majority of loads and routes, concerns remain including difficulty delivering equipment to project sites and unusual long and broken up routing. While members have worked diligently to communicate issues directly to the Indiana Department of Revenue (DOR) and INDOT, ICI’s Director of Government Affairs Dan Osborn followed up with agency contacts to emphasize industry concerns and determine what industry, the DOR and INDOT could do to avoid the issues.

INDOT Multimodal Director Kristen Brier responded to ICI. She explained that the new permitting system includes a more comprehensive evaluation process including “vehicle configuration, origin, and destination to automatically generate a safe route safe route, taking into account road restrictions and closures, vertical clearances for bridges, and bridge load rating.”

“We are working with our vendor to make the location of the failed bridges visible externally, to help applicants determine if a different origin or destination on the state system will avoid those bridges. Information about the road restrictions and closures can be displayed within the permitting system, and it remains available on the Indiana Truckers’ Info page. Bridge vertical clearance information remains available as well, through the online Bridge Clearance Map,” stated Brier.

Brier offered several agency contacts to assist permittees. Contact INDOT Freight Manager Leslie Morgan to disclose unsafe routes or difficulty with a permit involving accessing a project site.

If you need help using the new permitting system, contact DOR Motor Carrier Services Division OSW Supervisor James Vest or Morgan.

Contact Dan Osborn if you have feedback or recommendations about any aspect of OSW permitting.

IDIQ Approved for Permanent Use

For more than a decade, the Federal Highway Administration (FHWA) has allowed limited use of the indefinite delivery/indefinite quantity (IDIQ) project delivery method. Effective November 16, 2020, per the FHWA’s interim final rule under 23 CFR 635, states are allowed to use of IDIQ and job order contracting (JOC) on federal aid contracts on a permanent basis under certain circumstances. The FHWA states that “allowing ID/IQ contracting on a permanent basis provides benefits to state departments of transportation (state DOT) and other contracting agencies, including expediting project delivery, increasing administrative efficiency, reducing project costs, and increasing flexibility for state DOTs to use federal-aid funds on certain projects.

FHWA is soliciting public comment about IDIQ and JOC. The comments deadline is January 15. The official notice document, as well as the advance notice of proposed rulemaking (ANPRM), supporting materials and all comments received may be viewed online through the Federal eRulemaking portal at: http://www.regulations.gov. An electronic copy of the notice document may also be downloaded from the Office of the Federal Register’s home page at: http://www.archives.gov/federal-register and the Government Publishing Office’s web page at: http://www.gpo.gov/fdsys.

FHWA Requesting Comments – Implementation of IDIQ

The US DOT published an interim final rule authorizing IDIQ contracts for Federal Aid construction. IDIQ project delivery generally refers to a not-to-exceed contract for a set time period that requires a contractor to execute as-needed work orders based on agreed upon unit prices.

The Federal Highway Administration (FHWA) began a two-step rule-making process to authorize indefinite delivery/indefinite quantity (IDIQ) project delivery in May of 2018. The first step involved developing the implementation processes and procedures. Step 2 is initiation of the rule-making process. FHWA is soliciting comments to 13 questions. The questions are located on page 10 of 16 (Fed. Reg. pg. # 72928).

INDOT and other state departments of transportation have awarded IDIQ contracts since 2018 under a FHWA experimental project (SEP-14). FHWA and state DOTs found success using IDIQ stating that the project delivery method reduces administrative costs by eliminating the quantity of small project design-bid processes. INDOT has utilized IDIQ in several districts for small bridge and roadway repair and improvement projects. Beginning on Nov. 16, state DOTs may utilize the IDIQ project delivery method for select scopes of work without specific FHWA authorization.

You may submit comments, identified by the document number at the top of this document, by any of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
  • Fax: 1-202-493-2251.
  • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor, Room W12-140, Washington, DC 20590.
  • Hand Delivery/Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366-9329.

ICI-Side Wrapup

ICI members met virtually on Oct. 22 for the ICI-Side ICI/INDOT Statewide Joint Cooperative Committee meeting and covered a wide range of topics.

Members reported continued collaboration with INDOT to utilize new technology and equipment to improve work zone safety in 2020, such as the trucks for advanced queue awareness vehicles and work zone intelligent traffic messaging systems. Law enforcement officer presence continues to be an industry favorite to get motorists’ attention and slower speeds.

Keith Mullens, ICI/INDOT Statewide Joint Cooperative Committee co-chair, reported that ICI is working with INDOT on a recently published contractor schedule unique special provision. He explained that INDOT’s primary goals are improving accuracy of public communication of key project dates and increasing contractor schedule submissions and quality.

INDOT has received issue resolution proposals for the following topics:

  • Payment of lump sum items.
  • Measurement and payment for MOT sign.
  • Payment for subgrade treatment type IC as IB
  • Box structure footing closure pours.
  • The proposals are based on a culmination of joint committee discussions and recommendations.

The Statewide Committee leadership will be considering:

  • Maintenance of traffic under live bridge demolition.
  • Greater use of temporary traffic signals in lieu of flaggers.
  • Urging INDOT and local public works entities to refrain from allowing utility relocation after construction contract notice-to-proceed.

The ICI/INDOT Statewide Joint Cooperative Committee leadership will meet in early November to review current agenda items and discuss new topics. The full Statewide Committee meeting is scheduled for Wednesday, Dec. 2. RSVP here.

Please contact Dan Osborn for questions, suggestions and comments concerning the ICI/INDOT Statewide and Region Joint Cooperative Committees.

Purdue Research of Information Modeling Process/Contract/Technology for INDOT Infrastructure Projects

Dear Madam/Sir,

We would like to invite you to participate in a study for INDOT to improve the current process, contract, and technology of infrastructure projects. This study is conducted by the Construction Animation, Robotics, and Ergonomics (CARE) Lab in School of Construction Management Technology at Purdue University. The IRB number is IRB-2019-634.

This study includes (1) remote interviews between 10/12/2020 and 12/4/2020, and (2) an online survey between 2/26/2021 and 4/8/2021 to get feedback and insight from experts about the current process, organization structure, information formats, and technologies in design, construction, and O&M of INDOT projects.

We wish to have (1) 6-24 participants for the interview, including 4-15 project managers and 2-5 design staff, and (2) another 30 participants for the survey, including 20 project managers and 10 design staff.

If you are interested in participating in the interview or survey, please help indicate your availability through https://purdue.ca1.qualtrics.com/jfe/form/SV_8iZIpLKQcuIbMax. The interview will be held virtually at the time slot you select, and the survey will be sent to you through an email.

Please feel free to contact us if you have any questions about the study or have any difficulty accessing the link. Thank you in advance for your contribution to this study!

Sincerely,

Yunfeng (Cindy) Chen, Ph.D., Assistant Professor, chen428@purdue.edu
Jiansong Zhang, Ph.D., Assistant Professor, zhan3062@purdue.edu
Xingzhou Guo, Ph.D. Student, guo529@purdue.edu
Chi Tian, Ph.D. Student, tian154@purdue.edu

Construction Animation, Robotics, and Ergonomics (CARE) Lab

School of Construction Management Technology, Purdue University

Prohibited Telecommunications and Video Surveillance Equipment and Services


Source: INDOT email sent 09/01/2020: INDOT-Attention Contractors Effective Immediately

Contractors,
To the attention of all INDOT contracted service providers.

Effective Immediately

This clause will be added to all INDOT professional services and construction contracts so that INDOT will be in compliance with federal requirements:


Prohibited Telecommunications and Video Surveillance Equipment and Services.
In accordance with federal regulations (including 2 CFR 200.216 and 2 CFR 200.471), the Contractor is prohibited from purchasing, procuring, obtaining, using, or installing any telecommunication or video surveillance equipment, services, or systems produced by:
(A) Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), OR
(B) Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), for any purpose to fulfill its obligations under this Contract. The Contractor shall be responsible to ensure that any subcontractors are bound by and comply with the terms of this provision. Breach of this provision shall be considered a material breach of this Contract.


BACKGROUND: On August 13, 2018, the President signed the FY 2019 National Defense Authorization Act (NDAA). Section 889(b) prohibits Federal agencies, after August 13, 2020, from obligating or expending financial assistance to obtain certain telecommunications and video surveillance services and equipment from specific producers.

On January 22,2020, the Office of Management and Budget (OMB) issued a Notice of Proposed Rulemaking that outlined revisions to 2 CFR 200, in part, to implement section 889 of the FY 2019 NDAA. Today, the Federal Register Notice issued the Final Rule and states that the amendment to 2 CFR 200.216 is effective on August 13, 2020.

The new 2 CFR 200.471 regulation provides clarity that the telecommunications and video surveillance costs associated with 2 CFR 200.216 are unallowable for services and equipment from these specific providers. OMB’s Federal Register Notice includes the new 2 CFR 200.216 and 2 CFR 200.471 regulations.

Thank you,
Indiana Department of Transportation (INDOT)
100 N. Senate Ave., IGCN
Indianapolis, IN 46204