Dbe Mbe Wbe Replacement Request Form - State Of North Carolina Department Of Transportation Page 2
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1
2INSTRUCTIONS FOR SUBMITTAL OF
DBE/MBE/WBE REPLACEMENT REQUEST FORM
IN ADDITION TO SUBMITTING THIS FORM, THE CONTRACT ADMINISTRATOR MUST ENSURE
THAT THE FOLLOWING STEPS ARE SATISFIED.
1. Prior to starting the replacement process, the prime contractor is responsible for coordinating with the
DBE/MBE/WBE subcontractor to see if they are willing and able to perform the work as indicated in
their contract. If the contractor notices a reoccurring issue with a DBE/MBE/WBE subcontractor they are
to notify the Contract Administrator and keep them abreast of the issues.
2. If the DBE/MBE/WBE subcontractor cannot perform the work or if the Contractor shows good cause for
replacement, the Contract Administrator will coordinate with the State Contractor Utilization Engineer to
begin the DBE/MBE/WBE replacement process. The State Contractor Utilization Engineer will
coordinate with other sections as appropriate.
(Examples of good cause include: DBE fails or refuses to execute a written contract; DBE fails or refuses
to perform the work of its subcontract consistent with normal industry standards; DBE fails to meet
reasonable, nondiscriminatory bond requirements; DBE becomes bankrupt, insolvent, or exhibits credit
unworthiness; DBE is ineligible to work because of suspension and debarment proceedings; DBE
voluntarily withdraws from the project and provides written notice; DBE is ineligible to receive DBE
credit for the type of work required; DBE owner dies or becomes disabled and is unable to complete its
work; or other documented good cause that compels termination. Good cause does not exist where
failure or refusal to perform the work of the subcontract results from bad faith or discriminatory action of
the prime contractor.)
3. Before requesting NCDOT’s consent for the proposed termination/replacement of a DBE, the contractor
shall give written notice of the proposal, including the reason for termination/replacement, to the
DBE/MBE/WBE with a copy to the Contract Administrator. The DBE/MBE/WBE shall be given five
days to respond unless it is reduced by public necessity (e.g. safety).
4. After the notice period has passed, the Contract Administrator will ensure the Contractor has submitted
all supporting documentation for DBE/MBE/WBE replacement. Letters, emails or any other
correspondence between the Contractor, the DBE/MBE/WBE subcontractor, and the Contract
Administrator will be considered supporting documentation. This documentation must provide valid
reason(s) for replacement as well as the opportunity to correct the issue. Contractors cannot replace for
convenience or perform the work with its own forces or those of an affiliate.
5. If the Contractor is given approval by the Contract Administrator to replace a DBE/MBE/WBE
subcontractor, the Contract Administrator will submit all documentation of Good Faith required of the
Prime Contractor (Phone logs, emails, any other documentation to support a Good Faith Effort) to the
State Contractor Utilization Engineer. The Prime Contractor shall be made aware that he/she needs to
make a Good Faith Effort to replace a DBE with a DBE on federal contracts. On state funded contracts
Good Faith Efforts shall be made to replace a MBE with a MBE, and a WBE with a WBE.
Per the Special Provisions, the Contractor may utilize additional DBE(s) submitted at time of bid to cover
the same amount of work as the DBE/MBE/WBE that was terminated.
6. Signature lines on form: Ideally, the form should contain the signature of the original DBE/MBE/WBE
subcontractor being replaced. However, if this is not possible (i.e. the DBE/MBE/WBE will not sign),
then documentation supporting the decision and acknowledgement of the reasons for replacement of the
DBE/MBE/WBE subcontractor should be attached. The form shall also be signed by the replacement
DBE/MBE/WBE to show their participation on the project as the new committed DBE/MBE/WBE.
7. A copy of the replacement documentation and the form should be sent to the State Contractor Utilization
Engineer in the Utilization and Certification Section of the Office of Equal Opportunity and Workforce
Services and the State Construction Engineer.
Version: 10-2015
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