MnDOT Office of Civil Rights Disadvantaged Business Enterprise (DBE) Special Provisions Update March 2017

Acronyms/Abbreviations OCR-MnDOT Office of Civil Rights DBE-Disadvantaged Business Enterprise GFE-Good Faith Efforts CRL-AASHTOWare Project CRL Exhibit A-DBE Description of Work and Field Monitoring Report 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

Why the updates? OCR maintains several different sets of Special Provisions for different program areas and contract types. Updates in Federal Regulations, technology, and program implementation made it timely to review and update the special provisions. The new DBE Special Provisions will go into effect for projects advertised on or after March 31, 2017. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

Revisions and Updates DBE Special Provisions 1. Appearance/Layout 2. “All-Purpose” approach 3. Submission Timelines 4. Document Submission 5. Good Faith Efforts Determinations 6. AASHTOWare Project CRL 7. Exhibit A form 8. Good Faith Efforts Consolidated Form 9. Commercially Useful Function Clarification 10. Prompt Payment 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

1. Appearance/Layout Organization has been updated to be more user-friendly. Contractor requirements are set out chronologically, with requirements “Before Award” and “After Contract Award.” Additional explanations are attached as appendices. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

1. Appearance/Layout Forms have been updated and made into fillable pdfs The GFE Consolidated form has been reordered: Sections A-E and I are required for all projects. Sections A-I are required if the goal is not met. Table A outlines what needs to be submitted. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

2. “All-Purpose” approach Currently there are different sets of DBE Special provisions for different types of projects and goals. This update will make one set of Special Provisions applicable to all contracts where the DBE program applies. Whether the project is let by MnDOT, a local governmental unit, is design- bid-build, or an alternative delivery method, one standard set of DBE Special Provisions will apply. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

3. Submission Timelines For design-bid-build projects advertised after January 1, 2017, the deadline for Good Faith Efforts Submissions has changed to 5 calendar days. This is required by the rules issued by the USDOT. Previously, contractors had up to 5 business days to submit their DBE documentation. Extensions for good cause can be requested, and must be approved by the Director of the Office of Civil Rights. If the date the responder’s submission is due is a Saturday, Sunday, federal holiday, or Minnesota state holiday, the documentation is due on the next calendar day that that is not a Saturday, Sunday, federal or Minnesota state holiday. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

3. Submission Timelines (continued) Documentation due date varies by project delivery type Table B on page 4 of the updated provisions outlines “When and How to Submit Information to MnDOT.” 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

4. Document Submission OCR has a centralized email address where you can send documents. OCR Specialists are assigned to specific regions/districts. Centralized email makes it easier for Prime and Subcontractors to ensure their documents are received. Email: OCRformsubmissions.DOT@state.mn.us 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

5. Good Faith Efforts Determinations OCR continues to work on reducing the time to issue decisions on bids in which the prime contractor has not met the DBE goal. Previously the Special Provisions stated that decisions would be issued approximately 10-12 days from the date of letting. Updated Special Provisions have a timeline of 15 business days for OCR to issue their determination. Determinations will be emailed if good faith efforts are found, and sent by certified mail if there is a finding that good faith efforts were not made. This update is part of OCR’s commitment to establish efficient timeframes and deliver on expectations of external customers. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

6. AASHTOWare Project CRL Previous DBE Special Provisions did not address CRL. CRL has been included in submission requirements for applicable contracts, to help eliminate situations where contractors were being asked to provide information in duplicate. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

7. Exhibit A Form The Exhibit A form has been modified to eliminate unnecessary information and add additional information related to suppliers. The Updated Exhibit A form asks for the scope of work being performed, and the associated NAICS code to verify that a firm is certified to receive credit in the area they are performing. The Updated Exhibit A form contains a “Section C” which is to be completed by firms purchasing or supplying materials for DBE credit. Questions have also been added to the engineer’s portion of the form to better evaluate and monitor commercially useful function. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

8. Good Faith Efforts Consolidated Form The instruction page of the GFE Consolidated form has been eliminated because it repeats information provided in Attachment 2. Sections have been reordered to clarify submission requirements. A new “Part H” has been added to give more plain language guidance to primes when submitting a narrative for Good Faith Efforts when a DBE goal is not met on a project. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

8. Good Faith Efforts Consolidated Form New “Part H” 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

9. Commercially Useful Function Clarification Generally-When a DBE participates in a contract, MnDOT will only count the value of work actually performed by the DBE toward the DBE goals. This has not changed. For bulk materials such as petroleum products, steel, cement, gravel, stone or asphalt, the prime will only receive DBE credit for the total cost of materials and associated hauling used on that contract. Detailed in Attachment 1, “Counting and Commercially Useful Function.” 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

10. Prompt Payment Prompt payment requirements are the same. The prime contractor must pay subcontractors for undisputed services within 10 business days of receiving payment from MnDOT. Table C in the provisions outlines payment requirements for project delivery types Some projects use CRL, other delivery methods require paper submission of forms. 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

Thank you! These updated DBE Special Provisions will be effective for projects advertised on or after March 31, 2017. MnDOT OCR is happy to work with contractors to address any questions or provide clarification about any of these changes. Contact Adrienne Bond at 651-366-3015 or email Adrienne.bond@state.mn.us. We look forward to working with you in the upcoming construction season! 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html

If you have questions or feedback about these updates, please contact: Thank you! If you have questions or feedback about these updates, please contact: Adrienne Bond Adrienne.bond@state.mn.us 651-366-3015 9/21/2018 View the updated DBE Special Provisions | http://www.dot.state.mn.us/civilrights/dbe.html