Submitting DBE commitments on projects with federal funds and no assigned DBE goal (July 2021)
Bid Express® eSubmit Training Overview
Bid Express® service at
Bidx.com® and submitting DBE Commitments electronically at time of bid. If you were unable to attend, additional information can be found at infotechinc.com/bidx. You can also find a session recording (Access Passcode: Y3i8S=yc).
If you have any questions, please reach out to us at
customer.support@bidx.com.
Notice: eSubmit Option for DBE Supplemental Documentation Submission
Notice: Bid Express updates (June 9, 2021)
- Beginning with the
July 13, 2021, Letting, bidders will be able to submit DBE Commitments directly in Bid Express. This replaces the requirement to attach Form DT1506 (Commitment to Subcontract to DBE) with bid*
- Attachments A or Quotes for DBEs listed on the commitment are required as attachments to the bid
- Form DT1202 (Documentation of Good Faith Effort) and supporting documentation is required if the DBE goal is not met, within 24-hours of bid closing. Submit via eSubmit (preferred) or
DBE_Alert@dot.wi.gov**
- Submit Attachments A not included at bid within 24-hours of bid closing via eSubmit (preferred) or
DBE_Alert@dot.wi.gov
-
eSubmit instructions
- Please contact Madalena Maestri,
madalena.maestri@dot.wi.gov, with questions
*Bidders will have the ability to attach Form DT1506 with bid until further notice. For proposals with Discretionary goals, submit DBE documentation using Form DT1506 & Attachment A via eSubmit within 24-hours of bid closing to assure DBE attainment is applied to the overall goal.
**Form DT1202 will no longer be required as an attachment to the bid.
Attention bidders:
We are happy to announce an alternative for submitting DBE documentation to supplement the bid. As you know, in the 24-hour period following the bid letting, bidders have an extension to submit DT1202 (Documentation of Good Faith Efforts) supplemental materials, and any signed Attachments A not submitted with the bid. This has been done through the DBE Alert email box.
Follow these steps.
Notice:
DBE documentation collection per ASP-3 will be in full implementation with the May 11, 2021 letting. What does this mean? In order for bids to be considered “responsive” in respect to DBE program requirements, ALL bidders must submit the following documents attached to their bids for proposals that include a DBE goal:
- Form DT1506 (Commitment to Subcontract with a DBE)
- Attachment A OR Quotes from DBEs included on the DT1506
- Form DT1202 (Documentation of Good Faith Effort) if DBE goal was not met
In addition, within 24-hours of bid submission (by Wednesday 11 a.m.) bidders must submit:
- Attachments A not included with bid for DBEs listed on the DT1506
- Supplemental DT1202 materials if DBE goal was not met
Submit these documents through eSubmit (preferred) or the DBE Alert email box (DBE_Alert@dot.wi.gov)
Follow these steps for information on using eSubmit follow this link.
ASP-3 GFE Training
We request your participation in a virtual session focusing on GFE (Good Faith Effort) for ASP-3. Learn more about GFE requirements including documentation needed, how GFE is evaluated, and how DBE commitments are reviewed.
We are offering 2 opportunities to participate in this event. Click Register next to the one that best fits your schedule.
This event requires registration. After you register, you'll receive a confirmation email message with instructions on how to join the event.
ASP-3 GFE Training Presentation
Madalena Maestri, EdD
DBE Program Chief
Office of Business Opportunity & Equity Compliance
Division of Transportation System Development
Wisconsin Department of Transportation
Office : 608-267-2093
Cell : 608-509-8212
Fax : 608-267-3641
madalena.maestri@dot.wi.gov
DT1506 - Ready for use with the February 2021 Letting
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 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 Oct. 13, 2020, 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.