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Construction

Office of Construction / Contractor Issues / CPPR Guidelines

Section 9 - DBE Utilization

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9.         Disadvantaged Business Enterprises (DBE) Utilization. The contractor will receive 4 bonus points for achieving or exceeding the DBE availability percentage shown in the bid proposal. If no DBE availability percentage is shown in the bid proposal, the contractor will receive 4 bonus points for achieving 8% or more DBE utilization. In order to get credit for DBE utilization, the contractor must put it in the Department’s Equal Opportunity Reporting tracking system.

 

Guidance provided: 

1. Question: Contract does not show a percentage goal.  My interpretation is that in order for them to get the 4 bonus points, they would have to achieve 8% DBE and enter that information onto our website database, and that those points would be given once the 8% was met and entered.  Since Contractor is proposing 5% they think they should get a bonus for 5%.   

 

Answer: Interpretation of Engineer is correct.  If no DBE utilization percentage is shown in the bid proposal, then the Contractor must achieve 8% or greater to receive the bonus points. 

 

2. Question: Does the interim rating need to take into consideration DBE? Technically, they have not achieved the DBE goals.  

 

Answer: Interim rating should not take into consideration the DBE utilization.

 

General Guidance Provided: 

  1. Contractor is responsible for keeping abreast of performance on regular basis.
     
  2. Communication is the key to the success of this grading system.  Regarding submittals of documents and the affect these can have on Category 8, it is imperative that the Contractors be notified of all outstanding documents.  CPAM chapter 13, Section 1, requires the Resident Engineer to provide monthly written notification to Contractors of issues in Categories 1, 4, and 8 - the categories that do not have DWL's and DL's.  This monthly notification affords the Contractors the opportunity to be aware of performance concerns in Categories 1, 4, and 8 as well as have an appeals process during the project each month for these categories.
     

  3. Deficiency Letters issued by the Resident Engineer can be rescinded with concurrence from the DCE.  If the Department discovers that the letter was issued in error, a Deficiency Letter can be rescinded without appeal by the contractor.