The Disadvantaged Business Enterprise (DBE) Program exists to create a level playing field on which DBEs can compete fairly for transportation contracts. The Program requires ADOT to set DBE contract goals if it determines that it cannot meet its overall goal for DBE participation in other ways.
Once your contract is executed, you are required to meet the DBE goals you committed to in the contract, and to do so with the DBE subconsultants listed in the contract. Furthermore, if contract modifications increase the value of the contract, you are still required to meet or make good faith efforts to meet the DBE goal percentages agreed to.
If DBEs cannot be found that would adequately satisfy the established DBE goals, you must prove that you have at least made a good faith effort to find such DBEs. See the Good Faith Efforts section below for more information on good faith efforts.
ADOT encourages prime consultants to secure DBE firms beyond meeting the DBE goal. This is good for two reasons. First, it helps if circumstances occur during work on the project that results in loss of work for a DBE committed to meet the contract goal. If the consultant has employed more DBEs than needed to meet the DBE goal, that consultant is still likely to meet the DBE goal with the remaining DBEs if for some reason the dollar value of the work of one DBE firm is reduced. The second reason is that using more DBEs than needed to meet the DBE goal helps ADOT to meet or exceed the race and gender-neutral portion of this annual DBE goal, as well as its overall annual goal. If ADOT is able to consistently meet or exceed its annual goal, DBE contract goals may not be necessary in the future.
When counting DBE participation, the DBE must be certified in the category of work it performs in order for that work to count towards DBE participation. Further, only the value of work actually performed by the DBE counts toward DBE participation, and it is only counted after the DBE has been paid for the work.
ADOT will monitor the consultant’s utilization of DBE firms listed on DBE Intended Participation Affidavits to ensure that the consultant's commitments to DBE firms and the DBE goals are met at the end of the contract. Consultants should immediately notify ECS and the ADOT Business Engagement & Compliance Office if circumstances change that may affect commitments made to DBE firms working on the contract. The consultant can be sanctioned monetarily at the end of the contract for not meeting the DBE goal on the contract.
If ADOT determines that the consultant has, without justification, not met the established DBE goal, ADOT will, at its discretion, deduct up to two times the amount of the unattained portion of the established DBE goal from monies due or becoming due the consultant as liquidated damages, based on the circumstances of the noncompliance.
More information can be found in the ADOT Disadvantaged Business Enterprise (DBE) Program Plan on the BECO section of the ADOT website.
For a general outline of your DBE responsibilities throughout a project, see the DBE Responsibilities Matrix on the ECS DBE Program page.