Albany Update
Doing Business with NYSDOT
Contractors: Familiarize Yourselves with New Spec, Bidder Requirements That Take Effect Feb. 20
ALBANY—New York State Department of Transportation sent a notice earlier this month regarding upcoming revisions to its “Standard Specifications and Bidder Requirements” that are effective on contracts let on or after Feb. 20. It read:
“This notice is to make Contractors aware of proposed changes to the Department’s Standard Specifications §102-12 DBE/MBE/WBE/SDVOB Participation that will affect the information that Bidders must submit with their bid for DBE participation.
“Background: The changes to the Department’s Standard Specifications §102-12 are based on the Department’s focus to facilitate timely awards, obtain more complete information from Bidders, and ensure compliance with Federal Regulations 49 CFR 26 by requiring a complete and verified DBE Participation Package under sealed bid procedures as a matter of responsiveness. In addition, recent changes to the Federal Regulations 49 CFR 26.11 require the Department to collect bidders list information for Contractors and Subcontractors.
“Description: Effective with contracts let on or after Feb. 20, 2025, NYSDOT’s Standard Specifications §102-12 are being revised to require all Bidders to (1) Submit a summary of confirmed DBE commitments to meet the DBE goal with their bid (i.e., entered directly into Project Bids or on AAP 14 for paper bids), (2) Submit DBE confirmations for each DBE commitment using Department provided forms (i.e., AAP 20, AAP 22, or AAP 23 depending on Work Category) for the type and amount of work indicated; and (3) Provide documentation with bid to show good faith efforts made to meet the goal (if the Bidder was not successful in obtaining enough DBE participation to meet the goal).
“Contractors are expected to begin solicitation as soon as the contract is advertised for letting. DBEs are expected to submit quotes to Contractors as early as possible in order for Contractors to have enough time to review quotes, obtain confirmation and submit DBE commitments/confirmation with their bid. If selected, DBEs are required to complete a form (i.e., AAP 20, AAP 22, or AAP 23) to confirm the type and amount of participation and to confirm that the DBE is certified to perform the work. The Department will evaluate the DBE participation submitted at time of letting. No additional information will be considered after letting.
“Failure of a Contractor to provide firm DBE commitments/confirmation may result in the Contractor being found non-responsive. Failure of a DBE to submit quotes and/or confirmations in a timely manner may result in the firm not being considered for participation on a contract.”