EXPECTATIONS OF BIDDERS ON CONTRACTS WITH MBE/WBE/IVBE PARTICIPATION CONTRACT GOALS
(Alert Date: February 27, 2015)
The Indiana Department of Transportation (INDOT) is committed to the participation of Minority and Women's Business Enterprises and Indiana Veteran's Business Enterprises (MBE/WBE/IVBE) in its procurement and contracting process. Bidders on INDOT contracts are expected to make the effort and document their good faith efforts to attain the MBE, WBE and IVBE Contract Goals whenever they have been assigned. The goal amounts of 7% MBE, 5% WBE and 3% IVBE are mandated by the Indiana Department of Administration and will not be reduced, even though opportunity may be limited.
The MBE/WBE program is administered by the Indiana Department of Administration Division of Supplier Diversity (DSD). If a bidder is having difficulty achieving the Contract Goals they are expected to contact the DSD office. Staff will be available to assist Bidders in locating MBE and WBE firms to engage in the contract. If a Bidder cannot achieve the Contract Goals, the bidder shall submit a Waiver Application to DSD. The Waiver Application may be submitted up to two business days in advance of the bid due date to obtain advance approval of the waiver. The Waiver Application may also be submitted prior to the bid due date, without advance approval, as an electronic file to the email box defined in the Special Provisions of the contract. Evidence of good faith efforts shall be included with the Waiver Application form. Waiver Application forms shall be requested from the DSD. Should you have questions concerning the details of this program, information is available over the internet at http://www.in.gov/idoa/mwbe/index.htm or by contacting the DSD at (317) 232-3061.
The IVBE program is administered by the Indiana Department of Administration Division of Supplier Diversity (DSD). If a bidder is having difficulty achieving the Contract Goal they are expected to contact the DSD office. Staff will be available to assist Bidders in locating IVBE firms to engage in the contract. There is no waiver application for the IVBE goal. Information concerning the details of this program is available at http://www.in.gov/idoa/2862.htm. Email questions to Indianaveteranspreference@idoa.in.gov.
The IVBE Participation Plan shall be submitted with the bid. The form for the IVBE Participation Plan is located in the proposal form.
In December, 2011, the Indiana Department of Administration deployed a software system, the Pay Audit System, for compliance monitoring of the state's diversity spend. The Pay Audit System captures and compares contractual Minority and Women's Business Enterprises and Indiana Veteran's Business Enterprises (MWBE and IVBE) payments from both prime contractors and certified MWBE and IVBE subcontractors through a web-based interface. This valuable resource helps the State monitor and enforce the MWBE and IVBE spend commitments on state contracts.
It is important to keep your contact information current with the DSD office, as this information is required for communications from the Pay Audit System and the contract compliance group. Information on the Pay Audit System is available over the internet at http://www.in.gov/idoa/payaudit.htm .
JOINT VENTURE ELECTRONIC BIDDING
(Alert Date: March 17, 2014)
105 IAC 11-3-5 of the Rules for Prequalification of Contractors and Bidding, sets out the requirements for joint ventures. Below is a summary of how joint ventures are handled in an electronic bidding situation.
1. All joint venture partners will acknowledge all revisions by emailing the acknowledgements to the construction letting email box. The sponsor of the joint venture will enter the revision dates on the electronic proposal form.
2. Each company will have their drug testing plan on file with the pre-qualification engineer, or email them to the construction letting email box. The sponsor's drug testing date will be the date used in the electronic bid.
3. Each company will have to email their individual contractual obligations to the construction letting email box. The sponsor will place the combined contractual obligations of the joint venture on the electronic bid form.
4. Each company will have to email their own CM 32-34 form to the construction letting email box. The sponsor will complete the form on the electronic bid form.
5. The non-collusion form submitted with the electronic bid will be valid for both companies.
6. The bid bond will be sent in as other electronic bid bonds. Surety 2000 and SurePath should be able to handle the bond with two surety companies.
7. The performance bond will be handled as in the past, with both parties signing the bond which is then emailed to the construction letting email box.
8. A digital signature must be acquired for the joint venture, using the vendor ID of the joint venture. If a vendor ID does not exist for the joint venture, contact the Prequalification Engineer as soon as possible, because it takes up to five days to get a digital signature. A vendor ID for a joint venture is given the following form: 99-9991234.
COMPLETING THE DBE OR MBE/WBE FOLDER FOR ELECTRONIC BIDDING
(Updated and Re-Posted: May 29, 2013)
This is a step-by-step guide for successfully entering the contract commitment data. The following instructions should answer most questions about entering DBE or MBE/WBE Commitments in the electronic proposal. Information has to be entered on two different screens for the DBE commitments to be included when the electronic Affirmative Action Certification is printed. The instructions are essentially the same for entering MBE and WBE commitments (except one folder is for MBE's, and a second folder is for WBE's). Therefore, most of the instructions will only mention DBE's.
- Before DBEs are entered, of the current DBE.BIN file, shich contain the certified DBE/MBE/WBE firms, should be downloaded from the Bid Express website. The DBE.BIN file must be saved to the same folder containing the individual contract data file(s) (EBS files). The DBE.BIN file can be found listed in the Downloads box on each LETTING page . Contractors should download the DBE.BIN file whenever an updated version is posted on the website.
- DBE information can be entered anytime after the contractor has downloaded and saved the data files for a particular contract. Once the file for a particular contract has been opened, the contractor can start entering DBE information by first selecting DBE List from the tree of folders on the left side of the screen. A two-part screen will appear to the right. The top half will show the letting date, contract ID, call order and the number of DBE entries (which should show 0 initially). The bottom half of the screen shows the "DBE total entered" as both a percentage and dollar amount and the line below shows the "DBE Goal" also as both a percentage and dollar amount. A message will appear below these boxes to show whether or not the goal has so far been met.
- In the lower left of this screen is a box marked "ADD DBE"; move your cursor to the box and click to open it. This opens the DISADVANTAGED BUSINESS ENTERPRISE screen that contains fields for entering information about a DBE firm that will be utilized on this contract.
- Start by clicking on the drop down box for the name field. The field will originally show "Unknown." Once you click on the drop down box at the far right of this field, you can scroll through the list of DBE firms that were included in the DBE.BIN file downloaded earlier. (While it is INDOT's intent to provide a current and accurate list of the certified DBEs in the DBE.BIN file, it is the bidder's responsibility to confirm the current certification of all proposed DBE subcontractors prior to including them in their proposal bid.)
- Select the DBE firm that will be utilized by clicking on its name from the list. This will result in not only the company's name appearing in the name field but also the correct entries for that firm in the ID, Addr1, and Certification Code fields. (Caution: Once this information is shown for a company, any changes to any of these fields will result in changing the name of the DBE firm since these four fields are linked.)
- Under the "Item Numbers and Description of Work" enter the contract item numbers that will be performed by that DBE firm and provide a brief description of the work. The information shown in this field is similar to what a contractor shows on the Affirmative Action Certification for a paper bid. The item numbers and description should be accurate.
- To the right of the field completed in the previous step are two fields (each with a drop down box) noted as "Used As." Click on the far right drop down box and select the appropriate category from (1) Lease, (2) Subcontractor, (3) MBE Supplier, (4) WBE Supplier, (5) DBE Supplier Broker, (6) DBE Supplier Manufacturer or (7) Supplier DBE Reg. Dealer. (MBE and WBE Suppliers may be used ONLY on contracts with MBE and WBE goals.) When anything other than Supplier DBE Reg. Dealer is selected, the left-hand box will register an N, while a Y shows when Supplier DBE Reg. Dealer is selected. This shows whether the contractor will get 100% credit for all dollars paid to the DBE (N) or if 60% credit will apply (Y).
- Next, click on the drop down box for the second field to the right of the "Work Code 1:" prompt and select the work description that most closely matches the work this DBE will perform on the project. (If you know the INDOT prequalification codes, you could also select from the drop down box for the field immediately to the right of the prompt. An entry in either field will cause the corresponding value to show in the companion field.)If the DBE firm will be doing more than one type of work, you should complete additional Work Codes (2 or more, through a maximum of 6). Unused work code fields may be left blank.
- For the field marked "DBE Participation:", select RC from the drop down box if the utilization of this DBE will count towards the goal or RN if the DBE should not count towards the goal. (This is to show additional DBE utilization.)
- For the field marked "If Race Conscious, click Yes to show goal achieved", click on the drop down box and select "Y" if this DBE's participation is to count towards the DBE goal and N if it isn't to be counted. (Note: When some of the work performed by a DBE is to be counted towards the goal and some of it is not, it is possible to enter the DBE firm multiple times to make a distinction between the work that is "RC" counted towards the goal and "RN" not counted.)
- The list of folders on the left side of the screen should now show the name of the DBE firm under the DBE list folder. There should be a "+" symbol to the left of the name. Take your cursor to the "+" symbol and click on it to show the "DBE Items" folder.
- Click on the "DBE Items" folder to open it. A new two-part screen will open to the right. The top part of this screen will resemble the Schedule of Pay Items except that there is also a check box on the left side. The bottom half of the screen will have blank fields until you take the next step.
- The next step is show the number of dollars being committed to the DBE firm. (Note: At this time, INDOT is not requiring that the data be accurately entered. Only the total dollars committed to that DBE needs to be correct. INDOT will allow you to manipulate the data to show the total dollars being committed to that DBE firm. This can be done in a number of ways, including:
* Selecting any lump sum item in the contract (by clicking in the box to the left of the line number for that pay item). A check mark should show in the box and the bottom half of the screen should now be activated.
Enter in the "Unit Price" box at the bottom, the number of dollars that are being committed to that DBE. Then either click on another field in the bottom half of the screen or hit the tab key on your keyboard for that information to register. Be sure to save the information using the save button on the Expedite Bid toolbar. (Note: The notes field at the bottom of the screen is for the contractor to use as it chooses.)
* Select any pay item that has multiple units and enter a sufficient unit price to result in the dollars being committed to that DBE when the unit price is multiplied by the number of units. (Note: This does not have to be an item on which the DBE will actually work.) Register and save the information as above.
* Any item can be selected and the quantity and unit price can be manipulated in the bottom half of the screen to get the total dollars being committed to that DBE.
(Note: As you proceed through any of those options, it may appear that these values are being entered into the Schedule of Pay Items. This is not the case. Once you have completed entering information for a DBE, you can check this by then selecting the "Schedule of Items" folder on the left side of the screen. Your original values should be intact.)
- Save your information before you leave the screen used in Step 13. Save by clicking on the save button on the Expedite Bid toolbar.
- To add another DBE, select the "DBE List" folder again from the tree of folders on the left side of the screen. Repeat steps 3 through 14. As you continue to enter information, the box at the bottom of the DBE List screen will keep a running total of all dollars committed to DBEs (for which a Y was selected in the field "If Race Conscious, click Yes to show goal achieved"). A companion box will show the percentage of DBE participation that has been achieved. You may have to leave the DBE section of Expedite Bid and then return to it for the totals to properly calculate.
- Since the official INDOT DBE Directory available through INDOT's website at http://www.in.gov/indot/2674.htm may be updated more frequently than the DBE.BIN file, you may want to use a DBE firm whose name you can't find when you scroll through the list. In this case, the name, ID (taxpayer identification), address and certification code will have to be entered manually. Be careful not to select the drop down boxes for those fields once you start to type information in those four fields. Otherwise, proceed with steps 3 through 14 as noted above.
- Another folder listed on the left is the DBE RACE NEUTRAL TOTAL. You will need to enter the dollars of DBE utilization that exceed the goal in this field. For MBE/WBE commitments, an entry in this field is not required.
COUNTING DBE CREDIT FOR INDOT FIELD OFFICES
(Alert Date: July 31, 2013)
Please be advised that due to a recent directive from the Federal Highway Administration (FHWA), INDOT has reclassified how it will count DBE participation for the "Field Office" pay item. This replaces previous communications on the DBE utilization of field offices, including the August 8, 2010 Memorandum. Effective for the August 7, 2013 letting, INDOT will now consider field office providers that are currently certified as DBEs as either a service provider or a broker, rather than a regular dealer-supplier at 60%.
If a DBE subcontractor delivers their own trailers to a job site, they are classified as a service provider and 100% of the rental rate, delivery, set-up, maintenance, and associated charges of the service are eligible for DBE credit. On the Affirmative Action Certification (AAC), please note the field office service providers as lessors. However, if a DBE subcontractor delivers trailers from a non-DBE that they do not own, they are classified as a broker and 7% of the rental rate, delivery, set-up, maintenance, and associated charges are eligible for DBE credit. On the AAC, please note the broker as a broker at 7% of the bidder's quote.
Prime contractors can check INDOT's DBE directory to determine how INDOT classifies a particular DBE and therefore how much DBE participation credit INDOT will allow the prime contractor to receive for use of a particular DBE. You may also contact INDOT's Economic Opportunity Division at (317) 234-8008 with any questions regarding a DBE's status.
CONSTRUCTION LETTING EMAIL BOX
An email mailbox application was created so contractors have a way to submit electronic or scanned copies of contract documents they can not submit through Bid Express. These include the drug testing plan, the performance bond with the power of attorney letter and insurance license.
To use the email mailbox, you need the correct email address and the correct format for the subject line of the email.
This will ensure your documents get to the correct contract folder with a time stamp, and can not be altered.
Use this email address: ConstructionLetting@indot.in.gov .
Use this format for the subject line, to ensure your documents get into the correct contract folder: CompanynameDocumentmmddyy-R12345A
For example, if Jones Construction Co., Inc. is submitting a drug plan for Contract B -27780-A of the November 1, 2006 letting, the subject line should look like this:
Note the only dash is between the letting date and the contract number
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