1. MnDOT Office of Civil Rights Targeted Group Business and Veteran-Owned Small Business Programs Special Provisions Updates
March 2017

2. Acronyms/Abbreviations
OCR-MnDOT Office of Civil Rights
TGB-Targeted Group Business
VET-Veteran-Owned Small Business
GFE-Good Faith Efforts
CRL-AASHTOWare Project CRL
Exhibit A-TGB/VET Description of Work and Field Monitoring Report
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

3. Why the updates?
OCR maintains different sets of Special Provisions for different program areas and contract types.
Changes in law, technology, and program implementation made it timely to review and update the special provisions.
The new TGB/VET Special Provisions will go into effect for projects advertised on or after March 31, 2017.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

4. Revisions and Updates 1. Appearance/Layout 2. “All Purpose” approach
TGB/VET Special Provisions
1. Appearance/Layout
2. “All Purpose” approach
3. Submission Timelines
4. Waiver Process/Good Faith Efforts
5. AASHTOWare Project CRL
6. Exhibit A form
7. Commercially Useful Function Clarification
8. Prompt Payment
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

5. 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
and forms are attached
as Appendices.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

6. 1. Appearance/Layout
Forms have been updated and made into fillable pdfs.
Table A outlines what needs to be submitted when one or both of the goals are met or not met.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

7. 2. “All-Purpose” approach
Currently, there are different sets of Special Provisions for construction and professional technical contracts for TGB and VET businesses
These updated Special Provisions will make one set of TGB/VET special provisions applicable to all contracts where the TGB and VET programs apply.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

8. 3. Submission Timelines
The deadline for TGB/VET documentation and Good Faith Efforts Submissions will change to 5 calendar days for projects advertised on or after March 31, 2017.
This is being done to have consistency across the small business contracting programs (DBE, TGB, and VET).
Previously, contractors had up to 5 business days to submit their TGB/VET 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 is not a Saturday, Sunday, federal or Minnesota state holiday.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

9. 3. Submission Timelines (continued)
Documentation due date varies by project delivery type
Table B on page 5 of the updated provisions outlines “When and How to Submit Information to MnDOT.”
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

10. 4. Waiver Process/Good Faith Efforts
Previously, contractors could submit a request for a waiver from fulfilling contract goals.
Legislative changes have eliminated this process.
Contractors must now either meet the goal or demonstrate good faith efforts to obtain TGB/VET participation.
Attachment 3 describes Good Faith Efforts
Table A describes what to submit to MnDOT when one or both of the goals are met or not met on a project.
Contractors are encouraged to submit a detailed narrative of the efforts made to obtain TGB/VET participation.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

11. 5. AASHTOWare Project CRL
Previous drafts of TGB/VET Special Provisions did not address CRL.
CRL has been included in submission requirements for applicable contracts, to help eliminate redundancy where contractors were being asked to provide information in duplicate.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

12. 6. Exhibit A Form
The Exhibit A form has been modified to eliminate unnecessary information and add additional information related to suppliers.
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.
Updated Exhibit A form contains a “Section C” which is to be completed by firms purchasing or supplying materials for TGB/VET credit.
Questions have also been added to the engineer’s portion of the form to better evaluate and monitor commercially useful function.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

13. 7. Commercially Useful Function Clarification
Generally-When a TGB/VET participates in a contract, MnDOT will only count the value of work actually performed by the DBE toward the TGB or VET goals. This has not changed.
For bulk materials such as petroleum products, steel, cement, gravel, stone or asphalt, the prime will only receive TGB/VET credit for the total cost of materials and associated hauling used on that contract.
Detailed in Attachment 2, “Counting and Commercially Useful Function.”
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

14. 8. 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.
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

15. Thank you!
These updated 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 or
We look forward to working with you in the upcoming construction season!
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html

16. Thank you again!
If you have any questions or feedback on any of these updates, please contact:
Adrienne Bond
10/14/2018
View the updated TGB/VET Special Provisions | dot.state.mn.us/civilrights/tgb-veterans.html