Beginning with the July 12, 2019 bid letting (and all subsequent bid lettings), MDOT will implement a single revision in the current “Disadvantaged Business Enterprise (DBE) Goal at Time of Bid” process on all FHWA federal-aid projects that have a DBE participation Goal.
Under the current “DBE at Time of Bid” process, only “the two lowest bidders” are required to submit their DBE participation documentation or an Abbreviated Contractor Good Faith Effort Application within 5 calendar days of the bid letting.
Under the revised “DBE at Time of Bid” process, ALL BIDDERS are required to submit their DBE participation documentation or an Abbreviated Contractor Good Faith Effort Application within 5 calendar days of the bid letting.
MDOT cites recently issued DBE Program Guidance from the U.S. Department of Transportation which clarifies the intent of the DBE regulations as the basis for this process revision.
We encourage all bidders to review MITA’s September 21, 2015 bulletin, MDOT Implements “DBE at Time of Bid” Process which details the specific steps and requirements of the current process.
Keep in mind … the only revision/change to the current process is the requirement that “all bidders” (not just the “two lowest bidders”) are now required to submit their DBE participation documentation or an Abbreviated Contractor Good Faith Effort Application within 5 calendar days of the bid letting. All other aspects and requirements of the current “DBE at Time of Bid” process are unchanged.
The consequences to any bidder who fails to submit their DBE participation documentation or an Abbreviated Contractor Good Faith Effort Application within 5 calendar days of the bid letting are worth noting here again. If you are the determined low bidder, or you become the determined low bidder, and you fail to make the required submittals within the 5-calendar day timeframe, you will be deemed ineligible for award of the contract and you may be subject to payment of your bid guaranty.
To ensure your understanding of the revised process, we encourage all bidders to also review MDOT’s Contractor Announcement – New Requirements for DBE at Time of Bid and the revised Special Provision for Disadvantaged Business Enterprises Goal at Time of Bid that will be effective beginning with the July 12, 2019, bid letting.
If you have any questions about this process revision or the “DBE Goal at Time of Bid” process in general, contact Glenn Bukoski at glennbukoski@thinkmita.org or in the MITA office at 517-347-8336.
