Minnesota Department of Transportation

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Civil Rights

Committed to equality in transportation service

Transportation workers

DBE reconsideration hearings

Generally, federally funded construction projects for amounts greater than $500,000 are assigned a DBE project goal. The federal regulations governing the DBE Program require that a contractor must meet the DBE project goal or make adequate good faith efforts towards meeting the goal. Apparent low bidders who fail to meet these requirements are deemed non-responsible. The federal regulations allow the apparent low bidder the opportunity for an administrative reconsideration of this determination. The administrative reconsideration is an informal hearing before a Reconsideration Panel which acts as the MnDOT official. The panel is comprised of independent MnDOT personnel who were not involved in the determination that the contractor was a non-responsible bidder.

The Reconsideration Panel reviews the good faith efforts of the bidder pursuant to 49 C.F.R. § 26.53 (D)(1)-(5) that reads in part:

“…(d) If you determine that the apparent successful bidder/offeror has failed to meet the requirements of paragraph (a) of this section, you must, before awarding the contract, provide the bidder/offeror an opportunity for administrative reconsideration.

1)  As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentation or argument considering the issue of whether it met the goal or made adequate good faith efforts to do so.
2)  Your decision on reconsideration must be made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal or make adequate good faith efforts to do so.
3)  The bidder/offeror must have the opportunity to meet in person with your reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. 
4)  You must send the bidder/offeror a written decision or reconsideration, explaining the basis for finding that the bidder did nor did not meet the goal or make adequate good faith effort to do so.
5)  The result of the reconsideration process is not administratively appealable to the Department of Transportation.”

Decisions

The decisions posted are from October 22, 2010 to date. If you have any questions, please contact the Office of Civil Rights Director.