NTC - New DBE Requirements - Regular Dealer Affirmation Form.pdf
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- Solicitation number
- 0171-0519/0171-520
- Issued by
- Hartford County, Sherman CDP, Connecticut
About this file
This is a Notice to Contractors issued by the Connecticut Department of Transportation (CTDOT) on August 7, 2024, regarding updates to the Disadvantaged Business Enterprise (DBE) Program requirements under federal regulations. The notice announces that the United States Department of Transportation has updated DBE Program regulations under 49 CFR 26.53(c)(1), effective immediately. Bidders submitting DBE suppliers for credit toward DBE goals on federally funded projects must now include a completed DBE Regular Dealer/Distributor Affirmation Form along with supporting documents and DBE Commitment forms. CTDOT will review these submissions to verify whether each DBE firm qualifies as a Regular Dealer or Distributor to determine the appropriate credit allocation toward the DBE goal. The Department has also revised the DBE/SBE Commitment form, which is now available on the Department's website and must be used for all pre-award commitment packages submitted going forward.
DBE Regular Dealers are eligible to receive 60% credit for the cost of materials and supplies, while DBE Distributors are eligible to receive 40% credit, with credit counted toward materials, supplies, and transportation costs. Preliminary goal counting determinations are based on each DBE firm's demonstrated capacity and intent to perform as a supplier or distributor as defined in 49 CFR 26.55, along with written responses to relevant questions and the DBE's affirmation that subsequent performance will be consistent with the preliminary counting determination. Bidders bear full responsibility for verifying information provided by named DBEs and ensuring accurate counting of DBE participation; any shortfalls resulting from counting errors remain the bidder's responsibility. Forms and detailed information are available through CTDOT's website and the eCFR reference provided.
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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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