Construction Federally-funded project. They are included in the Federal Project Plan Sheets Part XII - Bid Conditions. The RE must be thoroughly familiar with the DBE special provisions. These special provisions identify the project goal and the Contractor’s DBE commitment. The Contractor’s approved commitment becomes a contract specification and the minimum goal for contract performance. The RE and project staff must be familiar with the approved commitment and understand what bid items are committed to what subcontractors, whether they are complete or partial services, and whether the commitment is race conscious or race neutral. The RE is responsible for monitoring the status of DBE commitments and verifies they are fulfilled. As part of this monitoring, the RE or designated representative must complete at least one commercially useful function review for each DBE subcontractor using Form C-141 (UDOT DBE Commercially Useful Function Project Site Review). Any issues identified during the reviews must be immediately brought to the attention of the Civil Rights Manager. DBE commitments are composed of three parts: the subcontractor, the item, and the dollar amount. All three must be met to be in compliance with the Department’s DBE special provisions. No DBE subcontractors may be substituted with another DBE or a non-DBE without submitting necessary documentation and prior approval by the RE and Civil Rights Manager. The RE and project staff are responsible for monitoring committed items and who is performing them. If committed items of work are being completed by the prime contractor or subcontractors other than the committed DBE, the RE must notify the Contractor and the Civil Rights Manager immediately. If the race conscious DBE commitment is not met, the RE will need to determine if a DBE commitment change order is necessary. Sanctions may apply depending upon the reason for failing to meet the commitment.
Prompt Payment (Federal-aid Projects only) Section 01284 includes the Department’s prompt payment requirements. On Federally-funded projects only, the Contractor is required to pay subcontractors for satisfactory completion of work within 30 days of receiving payment from the Department. The Contractor must enter the dates that payments are sent to the subcontractors into the PDBS Subcontractor Payment Screen within 30 calendar days of receiving payment from the Department. The RE must monitor prompt payments in PDBS and compare payments entered to the work performed. If payments or payment entries are made beyond 30 days or are missing, the RE must notify the Contractor in writing of failure to make prompt payment. Once notified, the Contractor must make payment within three working days or the Department may take additional measures to enforce the prompt payment requirements, up to and including forfeiting the Contractor’s privileges to bid on projects or debarment.
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