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Construction Additional special provision (ASP) 3
The disadvantaged business enterprise (DBE) requirements of 49 CFR Part 26 and its application to WisDOT contracts.
ASP-3 UPDATES Virtual Sessions - September 22 & 29, 2020
The virtual sessions covered changes to ASP-3, the provision that includes requirements related to the DBE program as applied to WisDOT contracts with DBE goals. The changes affect how DBE documents are submitted at time of bid, how good faith effort is documented and evaluated, how DBE commitments are monitored, and other changes that align WisDOT with federal regulations.
View the presentation slides: ASP-3 Updates - 2020
Contact:
Madalena Maestri. EdD, DBE Program Chief
Email: madalena.maestri@dot.wi.gov
Jillene Fehrman, PE, Proposal Management Chief
Email: jillene.fehrmans@dot.wi.gov
Additional Special Provisions 3 – Effective October 2020
The updated ASP-3 will be included in proposals beginning with the October 2020 Let.
Current Updates include:
- New requirements for submitting DBE documentation.
- Continued emphasis on Good Faith Effort activities undertaken prior to bid submission
- The current DBE Replacement Policy will be replaced by the DBE Commitment Modification Policy.
Beginning in October 2020:
ALL bidders are required to include Form DT1506 (Commitment to Subcontract to DBE) and Attachments A as files attached to bids in Bid Express
Bidders who have not met the DBE goal must also submit Form DT1202 (Documentation of Good Faith Effort) with the bid
Bidders have 24 hours from the close of the letting to submit Supplemental GFE materials to the
DBE_Alert@dot.wi.gov mailbox.
New timeframe: Complete bids, including attachments, must be submitted by the close of the letting at 11:00 a.m. of day of letting (Tuesday). Bids will be posted beginning at 12:00 p.m. on the day (Wednesday) following the close of the letting. To allow bidders to adjust to this process, for the October-December 2020 lettings, bids will not be considered non-responsive if they are submitted without complete DBE documentation.
Beginning in January 2021:
ALL bidders are required to include Form DT1506 (Commitment to Subcontract to DBE) and Attachments A as files attached to bids in Bid Express
Bidders who have not met the DBE goal must also submit Form DT1202 (Documentation of Good Faith Effort) with the bid
Bidders have 24 hours from the close of the letting to submit Supplemental GFE materials
Bids will be considered non-responsive if they are submitted without complete DBE documentation and will not be evaluated further.
Contractors - We need your help in reporting DBE engagement: Learn more about collection and credit for neutral DBE participation.
Please contact Madalena Maestri with questions (madalena.maestri@dot.wi.gov).
Good Faith Effort Guidance
49 CFR PART 26.53: WisDOT's AUTHORITY WisDOT establishes a contract goal on Federally funded contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal.
DBE Replacement Policy
Federal Guidance on DBE Replacement 49 CFR Part 26.53, maintains that WisDOT must require that a prime contractor not terminate a DBE subcontractor (or an approved substitute DBE firm) without WisDOT's prior written consent. As of 10/13/20 the “DBE Replacement Policy” has been renamed, “DBE Commitment Modification Policy"
DBE Trucking utilization policy
These provisions provide an explanation of the federal law and information regarding compliance with the DBE requirements applicable to Trucking.
Lessee hiring agreement
A Hiring Agreement signed by both the, DBE or Non-DBE Trucking Firm (Broker) and its DBE lessees must also be submitted with the Civil Rights and Compliance Program Section for approval of DBE credit on each and every project.
Consulting
DBE procedures
WisDOT is implementing new procedures to document consultant commitments to utilize DBE firms on consultant engineering contracts. These changes are being made to improve tracking of DBE utilization on all contracts and to comply with federal regulations governing the DBE program published in 49 CFR 26.
Airport and Non-Traditional
General Guidance
49 CFR PART 26.53: WisDOT's AUTHORITY WisDOT establishes a contract goal on Federally funded contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal.