IMPORTANT NOTES ON PERFORMANCE BONDS:
(Alert Date: May 04, 2018)
Except as otherwise specifically noted in the Notice to Contractors, a fully executed
performance bond with valid power of attorney must be submitted for each proposal bid, and
must be received by the Department by the time set for receipt of proposal bids.
1. The performance bond and valid power of attorney shall be submitted as an email
message attachment addressed to ConstructionLetting@indot.in.gov or on paper to the
2. The surety agent signing a performance bond shall be an Indiana resident agent, a
nonresident agent properly licensed in Indiana, or an employee of the surety company.
3. The power of attorney submitted with a performance bond must reference the
4. Failure to submit a performance bond that conforms with these notes, with the Rules
for Prequalification of Contractors and Bidding, and with any other applicable Indiana
law is grounds for rejection of the proposal bid. Errors or omissions in the performance
bond or in the power of attorney are not correctable after the time set for receipt of
proposal bids in the Notice to Contractors.
5. The specified form of a performance bond to be used is located at the following internet
address URL= https://www.in.gov/dot/div/contracts/letting/general/performancebond.pdf
CONSTRUCTION LETTING EMAIL BOX
(Alert Update: May 04, 2018)
An email mailbox application was created so contractors have a way to submit electronic or
scanned copies of contract documents they cannot submit through Bid Express. These typically
include the drug testing plan, the performance bond with the power of attorney letter and
surety agent 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 cannot be altered.
Use this email address: ConstructionLetting@indot.in.gov .
Use a subject line formated in this manner: 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
EXPECTATIONS OF BIDDERS ON CONTRACTS WITH MBE, WBE, AND IVOSB PARTICIPATION
(Alert Update: May 04, 2018)
The Indiana Department of Transportation (INDOT) is committed to the participation of
Minority and Women's Business Enterprises and Indiana Veteran Owned Small Businesses
(MBE/WBE/IVOSB) in its procurement and contracting process. Bidders on INDOT contracts are
expected to make and document their efforts to attain the MBE, WBE and IVOSB Contract Goals
in good faith 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 participation 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. The Waiver Application is to be submitted by the date and
time set for receipt of bids. The Waiver Application shall be submitted as an email message
attachment file addressed to ConstructionLetting@indot.IN.gov , as defined in the Special
Provisions of the Contract Information Book. Evidence of good faith efforts shall be included
with the completed Waiver Application form. Waiver Application forms may be requested from
the DSD or INDOT. Should bidders 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 IVOSB 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 IVOSB
firms to engage in the contract. There is no waiver available for the IVOSB 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 IVOSB Participation Plan shall be submitted with the bid. The form for the IVOSB
Participation Plan is located in the proposal form.
COMPLETING THE DBE OR MBE/WBE FOLDER FOR ELECTRONIC BIDDING
(Updated and Re-Posted: June 6, 2018)
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.
1. Before DBEs are entered, an updated copy of the DBE.BIN file, which contain the known
certified DBE/MBE/WBE firms, should be downloaded from the Bid press website. The
DBE.BIN file must be saved to the same folder containing the individual contract bid
file(s) (Files with the .EBS extension). 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.
2. DBE information can be entered any time after the contractor has downloaded and
saved the bid 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.
3. 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
4. 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
5. 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.)
6. 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
7. 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).
8. 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.)
9. For the field marked "If Race Conscious, click Yes to show goal achieved", click on the
drop down box and select "Yes" if this DBE's participation is to count towards the DBE
goal and âNoâ 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.)
10. 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.
11. 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.
12. 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:
o 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.)
o 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.
o 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
(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
13. Save your information before you leave the screen used in Step 12. Save by clicking on
the save button on the Expedite Bid toolbar.
14. 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 13. 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.
15. 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, bidders may want to use a DBE firm whose name cannot be found when scrolling
through the dropdown list in Expedite. In this case, the name, ID (Federal Employer
Identification Number), 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 13 as noted
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
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-
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.
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