Contracting with a DBE

Wisconsin UCP Certified Firms

Stay informed on DBE program and contracting requirement updates

Construction Additional special provision (ASP) 3

The disadvantaged business enterprise (DBE) requirements of 49 CFR Part 26 and its application to WisDOT contracts.

Per 49 CFR Part 26, Appendix A – the following guidance is taken into account when reviewing good faith effort requests in lieu of meeting the assigned DBE goal:

V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in §26.53(b)(2)((vi), you must also require the contractor to submit copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract to review whether DBE prices were substantially higher; and contact the DBEs listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to DBEs requesting bids are not alone sufficient to satisfy good faith efforts under the rule.

NOTICE - Extension of ASP-3 soft launch – DBE documentation at bid

The soft launch for ASP-3 has been extended. Full implementation with regards to the submittal of the DBE documentation at the time of bill will now occur with the May 11, 2021, Letting.

Please note:

  • Bidders are expected to submit documentation according to this timeline, however, bids will NOT be found non-responsive in January, February, March and April in relation to errors with documentation submission.
  • DT1506 (Commitment to Subcontract to DBE) and Attachments A OR DBE quotes for DBEs included on the commitment are submitted as attachments with the bid on Tuesday of the letting
  • DT1202 (Documentation of Good Faith Effort) is submitted with the bid on Tuesday of the letting if the DBE goal has not been met
  • Attachments A (if not submitted with the bid) and DT1202 Supplemental Materials are submitted to the DBE_Alert@dot.wi.gov mailbox by Wednesday 11 a.m. following the let
  • Email subject line naming conventions: Company, proposal number, Attachment A or DT1202 supplemental

During the soft launch extension for the DBE document submittal, the other components of ASP-3 are in effect. Review the provision to ensure you are aware of the requirements. Focus particular attention on:

  • Good Faith Effort evaluation and use of the rubric
  • DBE Commitment Modification Policy

Please contact: Madalena Maestri at madalena.maestri@dot.wi.gov with questions.

Additional Special Provisions 3

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 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.

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.

ASP-3 Updates Presentation

Presenters:

Madalena Maestri, EdD, DBE Program Chief​
Email: madalena.maestri@dot.wi.gov

Jillene​ Fehrman, PE, Proposal Management Chief
Email: jillene.fehrman@dot.wi.gov

Contractors - We need your help in reporting DBE engagement:Learn more about collection and credit for neutral DBE participation.

Please email madalena.maestri@dot.wi.gov with questions.

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.