NTC - New DBE Requirements - Regular Dealer Affirmation Form.pdf

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Attached to
2026-2027 Dental Student Kits
Solicitation number
UCHC 1-210142816
Issued by
Hartford County, Connecticut

About this file

This is a Notice to Contractors issued by the Connecticut Department of Transportation (CTDOT) on August 7, 2024, regarding updated Disadvantaged Business Enterprise (DBE) Program requirements mandated by the United States Department of Transportation. The notice establishes new procedures for bidders submitting DBE suppliers for credit toward DBE goals on federally funded projects. Effective immediately, bidders must submit a DBE Regular Dealer/Distributor Affirmation Form along with supporting documentation and DBE Commitment forms when including DBE suppliers in their proposals. The notice clarifies that bidders are responsible for verifying information provided by named DBE firms and ensuring accurate counting of DBE participation; any shortfalls resulting from counting errors remain the bidder's responsibility. CTDOT will review bidder Commitment forms to determine whether submitted DBE firms qualify as Regular Dealers or Distributors, which directly impacts the percentage of credit counted toward DBE goals. The Department has revised the DBE/SBE Commitment form and requires its use when submitting pre-award commitment packages.

DBE Regular Dealers are eligible to receive 60 percent credit for the cost of materials and supplies, while DBE Distributors are eligible to receive 40 percent credit, with credit calculated based on the cost of materials, supplies, and transportation costs. Credit determinations are based on each DBE firm's demonstrated capacity and intent to perform as defined in 49 CFR 26.55, as well as the firm's written responses to relevant questions and affirmation that subsequent performance will align with the preliminary counting determination. This update reflects revised federal regulations under 49 Code of Federal Regulations Part 26.53(c)(1), which now require CTDOT to make preliminary goal-counting determinations for each DBE firm seeking credit as a supplier. Additional information and forms are available on the CTDOT website and through referenced federal regulatory guidance.

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Text version

Sincerely, S T A T E O F C O N N E C T I C U T

DEPARTMENT OF TRANSPORTATION

2800 BERLIN TURNPIKE, P.O. BOX 317546

NEWINGTON, CONNECTICUT 06131-7546

PHONE 860-594-3128

August 7, 2024

Subject – New Disadvantaged Business Enterprise (DBE) Program Requirements – DBE Regular

Dealer/Distributor Affirmation Form and New DBE/SBE Commitment Form

NOTICE TO CONTRACTORS

The United States Department of Transportation (USDOT) recently updated the DBE Program regulations.

Part 26.53(c)(1) of Title 49 Code of Federal Regulations now requires CTDOT to make a preliminary goal counting determinations for each DBE firm that will be performing work for DBE credit as a supplier.

Effective today, when submitting a DBE supplier for credit towards the DBE goal, bidders must submit the

DBE Regular Dealer/Distributor Affirmation Form (Affirmation Form) and supporting documents with their

DBE Commitment forms for federally funded projects having DBE goals.

It is the bidder’s responsibility to verify the information provided by the named DBE and ensuring that the counting of the DBE's participation is accurate. Any shortfall caused by errors in counting are the responsibility of the bidder.

When reviewing the bidder’s Commitment forms for DBE suppliers, CTDOT will verify if the DBE firm submitted for DBE credit will be acting as a Regular Dealer or a Distributor, to determine the amount of credit eligible to be counted toward the DBE goal. DBE Regular Dealers are eligible to receive 60% credit for the cost of materials and supplies and DBE Distributors are eligible to receive 40% credit, credit will be counted for the cost of materials and supplies (including transportation costs).

Determinations are based on the DBE’s demonstrated capacity and intent to perform as a supplier or distributor as defined in 49 CFR 26.55 and the DBE’s written responses to relevant questions and their affirmation that subsequent performance of a commercially useful function will be consistent with the preliminary counting of such participation.

The Department has also revised the DBE/SBE Commitment form which is attached and will be available on the Department’s website. Please use the new form when submitting your pre-award commitment package to the Department.

For more detailed information, please refer to the following links below.

eCFR :: 49 CFR 26.55 -- How is DBE participation counted toward goals?

Forms (rev 7/25)

Gregory D. Straka

Contracts and Agreements Manager

Bureau of Finance and Administration https://www.ecfr.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.55 https://portal.ct.gov/dot/business/forms?language=en_US

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