Archive of Updates

January 2022

Neutral Participation Trucking – Reduced Attachment A requirement

Beginning January 1, 2022, follow these guidelines for submitting neutral participation for DBE trucks:

Neutral Participation Documentation

• Only submit Attachment A for DBE trucks added after contract execution
• Do not submit Attachment A for additional trucking commitment for DBE firms included with the bid (DT1506/electronic commitment)
• OBOEC will confirm trucking commitment and utilization through CRCS, the Trucking Schedule, and hiring agreements.
• Final Attachment A is not required for trucking but must be submitted if requested as part of CUF monitoring

New Attachment Field added in BidX

Beginning with the January letting, an additional field will be available for uploading DBE documents in BidX. There is a 5mb limit for each field.

• Use these fields for Attachments A OR DBE quotes submitted with bid
• Do NOT use these fields for DT1202 materials – use eSubmit - Instructions for eSubmit

Offsite hauling and CUF monitoring

Beginning with the January letting, use Attachment A to indicate if offsite hauling is involved for the trucking firm listed. What is offsite hauling? This is hauling from any site that is not the actual worksite, such as from pit to plant, often a site not dedicated to the project, but for which the prime can substantiate the amount of material hauled for the named project and thus the commitment to the DBE associated with the contract.

In order to complete CUF (commercially useful function) monitoring, WisDOT will implement the following:

• At weekly progress meetings- ask the prime if there will be offsite hauling utilizing DBEs in the coming week and indicating the potential for the PE to visit the pit/plant
• Conduct spot checks of pits/plants to verify DBE truck is hauling and/or verifying hauling log
• Prime should be prepared to submit haul tickets, plant/pit tickets, timecards, and other pertinent documentation that WisDOT may request to substantiate the haul in question.

Bulk supply and commodity purchases

Per ASP-3, bidders may purchase supplies or commodities such as fuel in bulk from a DBE and apply credit to each project as the supplies/commodities are used. To ensure that the appropriate credit is assigned, follow the procedure below:

1. When DBE suppliers are contracted for bulk supply or commodity purchases, an invoice or bill-of-sale that includes names of the contractor and the DBE supplier should be submitted to the DBE Office via eSubmit (preferred) or the DBE_Alert email box. The supply/commodity credit may be applied during the federal fiscal year (October- September) in which the purchase was made.
2. When the contractor intends to apply the credit to a particular project, submit a copy of the original invoice, documentation of the calculations for supplies/commodities to be used on the project, and an Attachment A. Indicate on the Attachment A:

• This supply/commodity is in the prime's inventory or pre-paid in case of commodities
• The full value of the original invoice submitted to the DBE Office, above in (1)
• The amount of material or product used on this project
• Fuel estimate listed on Attachment A will be recorded as a deduction from the full fuel purchase amount shown on the invoice

DBE Program information session on January 25 from 8:30-10 a.m.

The following topics were discussed:

• FFY 2021 DBE program data
• Strategies for engaging and supporting DBE firms
• Neutral Participation Trucking - Reduced Attachment A requirement
• Offsite hauling and CUF monitoring
• Bulk supply/commodity credit
• Contractor and bid letting updates for 2022
• GFE Template for organizing GFE materials

View a video of the presentation

Presentation slides

February 2022

Bid Letting updates

Beginning with the February letting, the following procedures will be in effect

To Make Your Bid Responsive

Please submit additional documents through eSubmit. Follow these steps.

The DBE Office will no longer reach out to contractors during the letting to inform you of remaining documents to submit. Make sure you are clear on DBE documentation requirements – follow up with us through DBE_Alert@dot.wi.gov if you have any questions.

View Additional Special Provision (ASP) 3

March 2022

View DBE Program updates from the 2022 Annual DBE Workshop and Networking Summit.

August 2022

Additional Special Provision (ASP)-4 Updates

Reminder: ASP-4 was updated with the December 2020 letting. ASP-4 covers retainage and prompt payment. This special provision does not limit the right of the department, prime contractor, or subcontractors at any tier to withhold payment for unacceptable work or work subject to an unresolved contract dispute.

Payment to First-Tier Subcontractors

Within 10 calendar days of receiving a progress payment for work completed by a subcontractor, pay the subcontractor for that work. The prime contractor may withhold payment to a subcontractor if, within 10 calendar days of receipt of that progress payment, the prime contractor provides written notification to the subcontractor and the department documenting just cause for withholding payment. The prime contractor is not allowed to withhold retainage from payments due subcontractors.

Payment to Lower-Tier Subcontractors

Ensure that subcontracting agreements at all tiers provide prompt payment rights to lower-tier subcontractors that parallel those granted first-tier subcontractors in this provision.

New GFE Rubric

Beginning in October 2022 / FFY2023, GFE requests will be scored on a simplified version of the GFE rubric. The same documents and submission process prime contractors are currently providing is not changing. The eight categories from the current GFE rubric are now simplified and each category will be scored using a color coding system.

• Green: Exceeds expectations
• Yellow: Meets expectations
• Red: Areas in need of attention and/or absence of documentation

Targeted feedback specific to the GFE request will be provided directly on the rubric for each category. Bid, quote analysis and standard feedback will still be provided on the OBOEC Rubric Analysis_Feedback Tab.

Solicitation and Sound Reasoning will require a green or yellow rating for GFE approval. The DT1202 Excel workbook template has been updated and is now available.

Kathleen Panak is available for a one-on-one GFE review at any time – please do not hesitate to reach out if your company has any GFE related questions.

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 is no longer required as an attachment to the bid. If the DBE goal is not met, submit DT1202 as described above.

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.

• Tuesday, April 20, 2021 9:00 a.m.-10:30 a.m. Register Now
• Wednesday, April 21, 2021 9:00 a.m.-10:30 a.m. Register Now

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

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.

Nov. 6, 2021 – BidX Training:

We recently held two 90-minute training sessions to share more about the online bidding process through BidX. The sessions focused on:

• Downloading and handling the files (ebsx, .001x, dbe.bin, agency attachments)
• Filling out the bid file ahead of time and submitting an early bid (DBE Commitment/DT1506 tab, file attachments)
• What to do if an issue comes up with the bid file (check bid errors, red indicators, file attachment issues)
• Contacting WisDOT or Bidx.com customer support for help
• See updated bidding instructions

If you were unable to attend, additional information can be found at infotechinc.com/bidx. You can also view a recording of the session (Access Passcode: y0@gzM@^).

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