Q1: Who do I contact if I have questions completing the forms during the submission process?
If your questions are not addressed in this guidance document, please call the Massachusetts Department of Transportation's Office of Diversity and Civil Rights at (857) 368-8580.
Q2: When are the forms required to be submitted by the prime/apparent low bidder(s)?
Completed DBE or M/W/SDVBE Letters of Intent and Schedules of Participation are due to MASSDOT from the first and second apparent low bidders and must be submitted by the close of business on the third (3rd) business day after bid opening.
Q3: To whom do the Sub-bidders/Sub-contractors submit the LOI form?
To either one or both of the two lowest bidders/the two bidders with the lowest price per quality score point in a timely manner for them to meet the 3-business-day requirement of the bid process in Q2 above.
Q4: Are there any other forms or information submission requirements?
Yes, the named DBEs or M/W/SDVBEs SDO Certification Letters are to be included, along with any additional attachments or exhibits that may accompany item details if more space is required than the form allows and any Request Forms for Joint Check Agreements.
Q5: Can participation as a Prime Contractor count toward achievement of the contract goal?
DBEs and M/W/SDVBEs are not relegated to participation as subcontractors only. Both can also participate in contracts as prime contractors. On federally-funded contracts where a DBE is used to achieve the goal, if the DBE is also the prime contractor/apparent low bidder, its participation may be counted towards the established DBE goal.
On state-funded contracts, if the prime contractor/apparent low bidder is an M/W/SDVBE, they may not count their participation towards achieving the established M/W/SDVBE goal and must subcontract portions of the work to other certified M/W/SDVBEs to achieve the contract goal.
Q6: How are material suppliers counted towards the goal?
On all contracts there is a "60% Rule" for material supplies. If the material suppliers are from a certified DBE OR M/W/SDVBE material supplier and the products are "off the shelf" (which are normally stocked items that will not be substantially altered), only 60% of the dollar amount can be counted towards achieving the goal. If a material supplier will substantially alter the material supplies, 100% of the dollar amount may be counted towards the established goal. If the material supplier is also a manufacturer of the product(s) being supplied, 100% of the dollar amount may be counted towards the established goal.
Q7: Can I use only material suppliers to meet all the goals on a contract?
No – a minimum of 50% of the goal must be met through construction items.
Q8: Are copies of documents acceptable, or are "wet signatures" required?
Original/wet signatures and electronic signatures are acceptable – copies will not be accepted.
Q9: Are there any resources available to help find certified subcontractors?
Please contact the Supplier Diversity Office of the Commonwealth’s Operational Services Division or visit their website at: https://www.mass.gov/orgs/supplier-diversity-office-sdo