Common use of DBE Goal Clause in Contracts

DBE Goal. The DBE goal for this project is %. or ☐ Race/Gender Neutral To be eligible for award of this contract, the responder must demonstrate that the responder has (1) obtained sufficient DBE participation to meet the DBE goal or (2) made adequate good faith efforts (GFE) to meet the DBE goal. The responder must submit the information specified in Table A in the time specified in Table B. If the contract has a specific numerical DBE participation goal, all responders must include their DBE commitment for the contract at the time the proposal is submitted. If the responder does not properly document the responder’s efforts or submit timely and complete documentation to MnDOT OCR, MnDOT must reject the responder’s bid. Race/Gender Neutral Goal If the DBE goal is Race/Gender Neutral (RGN), all responders are encouraged to include their anticipated DBE utilization for the contract in their proposals. Each responder will still be required to submit a bidders list of all subcontractors and suppliers (both DBE and non-DBE) on projects with an RGN goal. While DBE participation is encouraged on proposals with an RGN goal, responders are not required to submit GFE documentation specified in Table A, other than a bidders list (parts D and E of Exhibit B, the GFE Consolidated form). Payment information described in Table C is required on all projects. DBE Credit DBE work may be counted toward the DBE goal for any of the following activities:  hiring a DBE as a subcontractor or consultant to do project work,  purchasing materials from a DBE (typically sixty percent of the supplier’s contracted amount will count toward the goal),  leasing equipment from a DBE,  entering into a joint venture with a DBE (this requires approval from OCR before bid opening), or  using DBEs for other services specifically approved by OCR before bid opening.  If the responder is an eligible DBE, the responder may count all work being self-performed towards the subcontractor goals on this project. DBE credit is counted for work actually performed by a DBE. The DBE must perform a commercially useful function. Attachment 1 describes how MnDOT will count DBE credit and how MnDOT will determine whether a DBE performs a commercially useful function. Table A – What to Submit to MnDOT ☐ Design-bid-build administered by MnDOT ☐ Construction Manager/General Contractor administered by MnDOT ☐ Design-build administered by MnDOT ☐ Construction Contract administered by local governmental unit ☐ PT contract administered by MnDOT or local governmental unit IF THE DBE GOAL IS MET IF THE DBE GOAL IS MET  Exhibit A for each DBE participating on the project  Parts A, B, C, D, and I of the GFE consolidated form  The responder must submit their bidders list or bidder/quoter information electronically via CRL. For this reason, the responder does not need to fill out parts E of the GFE consolidated form.  Exhibit A for each DBE participating on the project  Parts A, B, C, D, E, and I of the GFE consolidated form IF THE DBE GOAL IS NOT MET IF THE DBE GOAL IS NOT MET  Exhibit A for each DBE participating on the project  Parts A, B, C, D, F, G, H and I of the GFE consolidated form  The responder must submit the bidders list or bidder/quoter information electronically via CRL. For this reason, the responder does not need to fill out part E of the GFE consolidated form.  Any additional information that will help explain the responder’s efforts to obtain DBE participation (ONLY IF the responder does not meet the DBE goal)  Exhibit A for each DBE participating on the project  Parts A, B, C, D, E, F, G, H and I of the GFE consolidated form  Any additional information that will help explain the responder’s efforts to obtain DBE participation (ONLY IF the responder does not meet the DBE goal) Table B – When and How to Submit Information to MnDOT ☐ Design-bid-build ☐ Professional-technical Date and Time The submission due date is the 5th calendar day after the bid due date. Documentation is due before 4:30 PM Central Time on the 5th calendar day after the bids are due. Format and Location The responder can submit documents via email, fax, hand delivery, or U.S. mail. Submit to MnDOT OCR as follows: Email: xxxxxxxxxxxxxxxxxx.XXX@xxxxx.xx.xx Fax: 000-000-0000. To hand-deliver or submit by U.S. mail, address printed documents to MnDOT Office of Civil Rights, 000 Xxxx Xxxxxxx Boulevard, Mail Stop 170, St. Xxxx, MN 55155. Submissions by U.S. mail will satisfy the timing requirement if postmarked by the time specified in the “Date and Time” section above. Date and Time The submission due date is the 5th calendar day after the successful responder is notified by MnDOT. Documentation is due before 4:30 PM Central Time on the 5th calendar day after the date of the successful responder letter/email issued by MnDOT. Format and Location The responder can submit documents via email, fax, hand delivery, or U.S. mail. Submit to MnDOT OCR as follows: Email: xxxxxxxxxxxxxxxxxx.XXX@xxxxx.xx.xx Fax: 000-000-0000. To hand-deliver or submit by U.S. mail, address printed documents to MnDOT Office of Civil Rights, 000 Xxxx Xxxxxxx Boulevard, Mail Stop 170, St. Xxxx, MN 55155. Submissions by U.S. mail will satisfy the timing requirement if postmarked by the time specified in the “Date and Time” section above. ☐ Construction Manager/General Contractor ☐ Design-build

DBE Goal. The DBE goal for this project is %. or ☐ Race/Gender Neutral To be eligible for award of this contract, the responder must demonstrate that the responder has (1) obtained sufficient DBE participation to meet the DBE goal or (2) made adequate good faith efforts (GFE) to meet the DBE goal. The responder must submit the information specified in Table A in the time specified in Table B. If the contract has a specific numerical DBE participation goal, all responders must include their DBE commitment for the contract at the time the proposal is submitted. If the responder does not properly document the responder’s efforts or submit timely and complete documentation to MnDOT OCR, MnDOT must reject the responder’s bid. Race/Gender Neutral Goal If the DBE goal is Race/Gender Neutral (RGN), all responders are encouraged to include their anticipated DBE utilization for the contract in their proposals. Each responder will still be required to submit a bidders list of all subcontractors and suppliers (both DBE and non-DBE) on projects with an RGN goal. While DBE participation is encouraged on proposals with an RGN goal, responders are not required to submit GFE documentation specified in Table A, other than a bidders list (parts D and E of Exhibit B, the GFE Consolidated form). Payment information described in Table C is required on all projects. DBE Credit DBE work may be counted toward the DBE goal for any of the following activities:  • hiring a DBE as a subcontractor or consultant to do project work,  • purchasing materials from a DBE (typically sixty percent of the supplier’s contracted amount will count toward the goal),  • leasing equipment from a DBE,  • entering into a joint venture with a DBE (this requires approval from OCR before bid opening), or  • using DBEs for other services specifically approved by OCR before bid opening.  • If the responder is an eligible DBE, the responder may count all work being self-performed towards the subcontractor goals on this project. DBE credit is counted for work actually performed by a DBE. The DBE must perform a commercially useful function. Attachment 1 describes how MnDOT will count DBE credit and how MnDOT will determine whether a DBE performs a commercially useful function. Table A – What to Submit to MnDOT ☐ Design-bid-build administered by MnDOT ☐ Construction Manager/General Contractor administered by MnDOT ☐ Design-build administered by MnDOT ☐ Construction Contract administered by local governmental unit ☐ PT contract administered by MnDOT or local governmental unit IF THE DBE GOAL IS MET IF THE DBE GOAL IS MET  • Exhibit A for each DBE participating on the project  • Parts A, B, C, D, and I of the GFE consolidated form  • The responder must submit their bidders list or bidder/quoter information electronically via CRL. For this reason, the responder does not need to fill out parts E of the GFE consolidated form.  • Exhibit A for each DBE participating on the project  • Parts A, B, C, D, E, and I of the GFE consolidated form IF THE DBE GOAL IS NOT MET IF THE DBE GOAL IS NOT MET  • Exhibit A for each DBE participating on the project  • Parts A, B, C, D, F, G, H and I of the GFE consolidated form  • The responder must submit the bidders list or bidder/quoter information electronically via CRL. For this reason, the responder does not need to fill out part E of the GFE consolidated form.  • Any additional information that will help explain the responder’s efforts to obtain DBE participation (ONLY IF the responder does not meet the DBE goal)  • Exhibit A for each DBE participating on the project  • Parts A, B, C, D, E, F, G, H and I of the GFE consolidated form  • Any additional information that will help explain the responder’s efforts to obtain DBE participation (ONLY IF the responder does not meet the DBE goal) Table B – When and How to Submit Information to MnDOT ☐ Design-bid-build ☐ Professional-technical Date and Time The submission due date is the 5th calendar day after the bid due date. Documentation is due before 4:30 PM Central Time on the 5th calendar day after the bids are due. Format and Location The responder can submit documents via email, fax, hand delivery, or U.S. mail. Submit to MnDOT OCR as follows: Email: xxxxxxxxxxxxxxxxxx.XXX@xxxxx.xx.xx Fax: 000-000-0000. To hand-deliver or submit by U.S. mail, address printed documents to MnDOT Office of Civil Rights, 000 Xxxx Xxxxxxx Boulevard, Mail Stop 170, St. Xxxx, MN 55155. Submissions by U.S. mail will satisfy the timing requirement if postmarked by the time specified in the “Date and Time” section above. Date and Time The submission due date is the 5th calendar day after the successful responder is notified by MnDOT. Documentation is due before 4:30 PM Central Time on the 5th calendar day after the date of the successful responder letter/email issued by MnDOT. Format and Location The responder can submit documents via email, fax, hand delivery, or U.S. mail. Submit to MnDOT OCR as follows: Email: xxxxxxxxxxxxxxxxxx.XXX@xxxxx.xx.xx Fax: 000-000-0000. To hand-deliver or submit by U.S. mail, address printed documents to MnDOT Office of Civil Rights, 000 Xxxx Xxxxxxx Boulevard, Mail Stop 170, St. Xxxx, MN 55155. Submissions by U.S. mail will satisfy the timing requirement if postmarked by the time specified in the “Date and Time” section above. ☐ Construction Manager/General Contractor ☐ Design-build