As you should know, MDOT will be implementing new DBE Good Faith Efforts (GFE) requirements beginning with the February 2, 2024, bid letting. MDOT is implementing these new GFE requirements in response to a complaint-initiated review by the USDOT/FHWA that concluded that MDOT was not in compliance with the federal regulations.
MDOT had initially planned on implementing the new GFE requirements with the December 2023 bid letting; however, at MITA’s urging, they decided to push the “contractual” implementation of the new requirements to the February 2024 bid letting.
With MITA’s concurrence, MDOT did initiate a “soft” implementation of the new GFE requirements with the December 2023 and January 2024 bid lettings. The purpose of the “soft” implementation was to give bidders a noncontractual opportunity to use the revised/new forms (Form 2653/Form 2653D … fillable, smart forms) and the new GFE submittal timeframe to better understand the administrative efforts necessary to comply with the new requirements.
The most significant GFE changes being implemented are:
• All bidders (not just the 1st and 2nd low) must submit their DBE attainment documentation (Form 2653 Contractor Good Faith Efforts, Form 2653D Commitment Confirmation for DBE Subcontractors) within 5 calendar days of the bid letting.
• Bidders unable to meet the project DBE goal must submit their full DBE GFE documentation packet (Form 2653, Sections D thru H and any/all applicable attachments) within 5 calendar days of the bid letting. The previously applied “28-day” submittal timeframe is no longer in affect.
• DBE subcontractor signatures are required on any submitted Form 2653D.
• If a bidder fails to meet the project DBE goal, MDOT will evaluate the efforts of all bidders in determining eligibility for award.
• MDOT will no longer contact a bidder to discuss any part of their GFE submittal.
• A “Cover Letter” that supports a bidders Good Faith Efforts can still be submitted; however, it should now be included under Form 2653, Section H. as “Additional information that supports the contractor’s Good Faith Efforts.”
To view MDOT’s Contractor Announcement about the new DBE GFE requirements, click here.
To learn more about these new DBE GFE requirements, you can attend the “New MDOT GFE Procedures” breakout session on Wednesday, January 17th (11 AM – noon) at the 2024 MITA Annual Conference at the Soaring Eagle Casino & Resort in Mt. Pleasant. This breakout session will be presented by the leadership of MDOT’s Office of Business Development. To learn more about the upcoming 2024 MITA Annual Conference, click here.
If you have any questions, please contact any member of the MITA engineering team:
Rachelle VanDeventer, email@example.com
Jeremiah Leyba, firstname.lastname@example.org
Glenn Bukoski, email@example.com
They can also be reached by phone at the MITA office: 517-347-8336.