COMPLIANCE CORNER - MARCH 2025

NYSDOT Makes a Major Change to its Standard Specification Section 102-12

 

Effective with contracts let on or after February 20, 2025, New York State Department of Transportation (“NYSDOT”) changed Standard Specification Section 102-12. You no longer have a five-day period to submit your utilization plan. These changes will appear in the specifications published May 1, 2025.

Here are the changes you need to pay attention to:

      • You must submit confirmed DBE commitments to meet the DBE goal with your bid (AAP 14 for paper bids or electronic entry).
      • You must submit wet signature DBE confirmations on NYSDOT provided forms for the type and amount of indicated for each DBE commitment (AAP20, AAP 22 and AAP23).
      • You must submit your Good Faith Effort Documentation with your bid, if you were not successful in making the goal.
      • Contractors must submit a Bidder’s List (CONR 80 Bidder’s List) which contain information about quotes received from Subcontractors (DBE and Non-DBE), regardless of whether the contractor used the quotes.

 

Failure to comply with the changes and submit a complete bid package at the time of bid may deem your bid non-responsive.

This will be a change for both the DBE firms and the bidders. As a contractor, NYSDOT expects you to begin solicitation as soon as the contract is let/advertised for bid. DBEs are expected to provide quotes to the primes as early as possible in order for contractors to review quotes, obtain confirmation, and submit the DBE commitments/confirmation with the bid. NYSDOT has advised that it will not consider any additional information after letting.

Starting May 1, 2025, these same procedures will be implemented for all Local let contracts.

In completing the NYSDOT forms, bidders should note the following:

      • Bidders must ensure the NAICS code encompasses the scope of work proposed to be performed by the DBE. Failure to do so may result in a loss of credit which will impact goal achievement.
      • If the bid is accepted, the DBE commitments are expected to be entered into EBO without alteration.
      • Work category have been expanded to add “distributor.” You must be aware of how this work category will be counted.
      • Original hand-written signature is required on the AAP-20 by the Bidder and the DBE. DocuSign is not allowed but it will be acceptable to scan the originally signed document.
      • The AAP-22 must be scanned in in legal size.
      • Determinations regarding DBE commitments on material supply (post award) require a DBE commitment that it will be performing in the capacity indicated on the form. If the DBE does not affirm its participation, a bidder is at risk for a reduction in the commitment amount. If the amount falls below the DBE goal and GFEs were not submitted, then the bidder will be deemed non-responsive. Submit GFEs if you are relying on material commitments to achieve the goals.
      • If equipment comes with an operator, it is not a rental but is a subcontract (subcontract; dump truck with driver-trucking, concrete pump with operator-service).

 

Additional articles will address the material supplier/trucking categories and how to count.

If you have any questions about registration, please reach out to Lorraine D’Angelo, LDA Compliance Consulting, Inc. by email, lorraine@ldacomplianceconsulting.com or telephone, (914) 548-6369.