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MBE/DBE Compliance Program Components

Advocacy in the Procurement Process

·         Signing Member on TSO’s Procurement Review Group (PRG).  Through this position, the Program is able to monitor solicitations and awards for TSO contracts.    .  

·         Participant in Pre-Bid Meeting.   This public meeting is open to prospective prime contractors and subcontractors. Attendance is particularly valuable to subcontractors seeking to identify which prime contractors are interested in bidding on the project.  The M/DBE Compliance Program presents specifications for the MBE and DBE programs at these meetings.

·         Identification of and Contact Information for MBE Liaisons.  The Governor’s Office of Minority Affairs (GOMA) maintains a roster of all state agency MBE Liaisons.  Once a firm identifies which agencies are their best potential customers, they can use this list to directly contact the MBE Liaison to introduce their company’s product/service and monitor potential opportunities.  The MBE Liaison’s primary role is to make sure that, through all phases of the procurement and contracting process, all parties understand the MBE-related rights and responsibilities associated with being a prime contractor or MBE subcontractor. 

·         Identification of Subcontractable Opportunities in Procurement Solicitations.  Utilize the MBE Directory to identify certified firms who are certified and available for specific work categories.

·         MBE Prime Contractor and Subcontractor Rights and Responsibilities.  Valuable information about contractor and subcontractor rights and responsibilities.

Capacity Building

  • Opportunities Creation.  The MDBE Compliance Program consistently identifies opportunities for MBE participation while promoting the benefits of MBE certification in collaboration with MDOT’s Office of Minority Business Enterprise while positively impacting the State’s economic stream.  MDOT’s vision is to achieve 29% MBE Participation for all Transportation Business Units (TBU) and effectively increase the percentages incrementally.  To this end, the M/DBE Compliance Program continues to develop best practices in M/DBE compliance and procurement functions, and incorporates MBE participation as a performance measure on all contracts.
  • Recommend and develop M/DBE policy.  The M/DBE Compliance Program takes a lead role in working with MDOT’s stakeholders to recommend, develop, and implement policies and procedures aimed at making small, minority, and disadvantaged business enterprises more competitive in the contracting marketplace

 Reporting

Collect and distribute MBE utilization performance data.  This information identifies whether prime contractor are on target to fulfill their MBE contract commitments made at the time of contract award.  The Department’s expectation is that the prime contractor will act in good faith to honor all MBE commitments. 

Customer Service and Complaint Management

On MDOT contracts, when a problem arises that cannot be resolved between the prime contractor and M/DBE subcontractors, the M/DBE Compliance Program is the first point of contact to assist with quick resolution.  ​The M/DBE Compliance Program manages M/DBE compliance complaints and inquires. Inquires are logged, investigated, and monitored to ensure resolution.  The TSO M/DBE Compliance Program serves as a last resort within the department when the TBUs are unable to resolve contractor/subcontractor complaints.

M/DBE Compliance Monitoring

As an oversight function, the M/DBE Compliance Program works to provide information, training, and technical assistance to the MDOT TBUs .  In this role, the Program helps to establish, update, and disseminate MBE and DBE program best practices and develops MBE and DBE reporting protocols to ensure timely and accurate data collection and reporting.

​ The M/DBE Compliance Program staff works closely with the MDOT TBUs and the contracting firms to ensure that MBE and DBE commitments made by prime contractors at the time of contract award are honored over the course of the contract.  During the pre-contract award portion of a contract, The M/DBE Compliance Program determines preliminary subcontracting opportunities; researches certified firms to make recommendations for preliminary goals based upon the identified subcontracting opportunities; ensures that the Procurement Review Group process for setting contract goals is enforced; and participates in the PRG to set final goals on individual contracts.  Following the award of a contract, the M/DBE Compliance Program monitors M/DBE participation upon receipt of the Contractor Notice to Proceed; disseminates initial letter and M/DBE packages explaining responsibilities of prime contractors and subcontractors; validates and tracks monthly contract expenditures; conducts compliance reviews to audit contractors; participates in contractor progress meetings; and provides neutral third party function when prime contractors and subcontractors are unable to settle differences.  The M/DBE Compliance Program also provides oversight, direction and guidance to ensure that the TBUs comply with established rules and regulations regarding necessary compliance processes and applicable laws and regulations.  Serving as a conduit in the Department’s procurement process, the M/DBE Compliance Program connects small, Veteran, minority and disadvantaged businesses with contracting and procurement opportunities while working within the Department to implement and monitor compliance programs in accordance with applicable State and Federal policies, laws, and regulations.