Contracting with a DBE

Neutral Participation Trucking – Reduced Attachment A requirement

Beginning January 1, 2022, follow these guidelines for submitting neutral participation for DBE trucks:

Neutral Participation Documentation

• Only submit Attachment A for DBE trucks added after contract execution
• Do not submit Attachment A for additional trucking commitment for DBE firms included with the bid (DT1506/electronic commitment)
• OBOEC will confirm trucking commitment and utilization through CRCS, the Trucking Schedule, and hiring agreements.
• Final Attachment A is not required for trucking but must be submitted if requested as part of CUF monitoring

New Attachment Field added in BidX

Beginning with the January letting, an additional field will be available for uploading DBE documents in BidX. There is a 5mb limit for each field.

• Use these fields for Attachments A OR DBE quotes submitted with bid
• Do NOT use these fields for DT1202 materials – use eSubmit - Instructions for eSubmit

Offsite hauling and CUF monitoring

Beginning with the January letting, use the Attachment A to indicate if offsite hauling is involved for the trucking firm listed. What is offsite hauling? This is hauling from any site that is not the actual worksite, such as from pit to plant, often a site not dedicated to the project, but for which the prime can substantiate the amount of material hauled for the named project and thus the commitment to the DBE associated with the contract.

In order to complete CUF (commercially useful function) monitoring, WisDOT will implement the following:

• At weekly progress meetings- ask the prime if there will be offsite hauling utilizing DBEs in the coming week and indicating the potential for the PE to visit the pit/plant
• Conduct spot checks of pits/plants to verify DBE truck is hauling and/or verifying hauling log
• Prime should be prepared to submit haul tickets, plant/pit tickets, timecards, and other pertinent documentation that WisDOT may request to substantiate the haul in question.

Bulk supply and commodity purchases

Per ASP-3, bidders may purchase supplies or commodities such as fuel in bulk from a DBE and apply credit to each project as the supplies/commodities are used. To ensure that the appropriate credit is assigned, follow the procedure below:

1. When DBE suppliers are contracted for bulk supply or commodity purchases, an invoice or bill-of-sale that includes names of the contractor and the DBE supplier should be submitted to the DBE Office via eSubmit (preferred) or the DBE_Alert email box. The supply/commodity credit may be applied during the federal fiscal year (October- September) in which the purchase was made.
2. When the contractor intends to apply the credit to a particular project, submit a copy of the original invoice, documentation of the calculations for supplies/commodities to be used on the project, and an Attachment A. Indicate on the Attachment A:
• This supply/commodity is in the prime’s inventory or pre-paid in case of commodities
• The full value of the original invoice submitted to the DBE Office, above in (1)
• The amount of material or product used on this project
• Fuel estimate listed on Attachment A will be recorded as a deduction from the full fuel purchase amount shown on the invoice

DBE Program information session on January 25 from 8:30-10 a.m.

The following topics were discussed:

• FFY 2021 DBE program data
• Strategies for engaging and supporting DBE firms
• Neutral Participation Trucking - Reduced Attachment A requirement
• Offsite hauling and CUF monitoring
• Bulk supply/commodity credit
• Contractor and bid letting updates for 2022
• GFE Template for organizing GFE materials

View a video of the presentation

Presentation slides

Bid Letting updates

Beginning with the February letting, the following procedures will be in effect

To Make Your Bid Responsive

Please submit additional documents through eSubmit. Follow these steps.

The DBE Office will no longer reach out to contractors during the letting to inform you of remaining documents to submit. Make sure you are clear on DBE documentation requirements – follow up with us through DBE_Alert@dot.wi.gov if you have any questions.

View Additional Special Provision (ASP) 3

ViewDBE Program updates from the 2022 Annual DBE Workshop and Networking Summit.

Additional Special Provision (ASP)-4 Updates

Reminder: ASP-4 was updated with the December 2020 letting. ASP-4 covers retainage and prompt payment. This special provision does not limit the right of the department, prime contractor, or subcontractors at any tier to withhold payment for unacceptable work or work subject to an unresolved contract dispute.

Payment to First-Tier Subcontractors

Within 10 calendar days of receiving a progress payment for work completed by a subcontractor, pay the subcontractor for that work. The prime contractor may withhold payment to a subcontractor if, within 10 calendar days of receipt of that progress payment, the prime contractor provides written notification to the subcontractor and the department documenting just cause for withholding payment. The prime contractor is not allowed to withhold retainage from payments due subcontractors.

Payment to Lower-Tier Subcontractors

Ensure that subcontracting agreements at all tiers provide prompt payment rights to lower-tier subcontractors that parallel those granted first-tier subcontractors in this provision.

New GFE Rubric

Beginning in October 2022 / FFY2023, GFE requests will be scored on a simplified version of the GFE rubric. The same documents and submission process prime contractors are currently providing is not changing. The eight categories from the current GFE rubric are now simplified and each category will be scored using a color coding system.

• Green: Exceeds expectations
• Yellow: Meets expectations
• Red: Areas in need of attention and/or absence of documentation

Targeted feedback specific to the GFE request will be provided directly on the rubric for each category. Bid, quote analysis and standard feedback will still be provided on the OBOEC Rubric Analysis_Feedback Tab.

Solicitation and Sound Reasoning will require a green or yellow rating for GFE approval. The DT1202 Excel workbook template has been updated and is now available.

Kathleen Panak is available for a one-on-one GFE review at any time – please do not hesitate to reach out if your company has any GFE related questions.

Please take time to review ASP-3 which is updated and effective October 2022. Changes include:

• All DBE documentation not submitted with bid must be submitted through eSubmit/li>
• The GFE Rubric has been updated. View the training session.
• Process updates already in place that are now added to ASP-3:
• Offsite hauling reporting
• Bulk Supply and Commodity purchase process
• View the information session