The Disadvantaged Business Enterprises (DBE) program is mandated by Congress under the Infrastructure Investment and Jobs Act (IIJA). The US Department of Transportation (USDOT) DBE program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally assisted highway, transit, and airport contracting.
As part of this requirement, the Alaska Department of Transportation and Public Facilities (Alaska DOT&PF) sets overall DBE Utilization goals. These goals may be achieved through race-neutral means, which are implemented through customary competitive procurement procedures, or through race-conscious means, which are implemented through contract goal setting.
Currently, the Alaska DOT&PF is implementing the DBE program through a race-neutral program that is used to assist all small businesses. Although the race-neutral program does not establish or require individual project DBE Utilization Goals, 49 CFR establishes that the Bidder is responsible to make a portion of the work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to facilitate DBE participation.
The Department will use the data collected under Section 120 to evaluate the program for compliance with Section 120 and with 49 CFR Part 26.
Good faith effort means the Bidder's actions, performed prior to bid opening and demonstrated through detailed and comprehensive documentation, to take all necessary and reasonable steps to achieve DBE participation. Lowercase "good faith effort", refers to the Department's and all contractors' collaborative efforts to meet the overall program DBE Utilization Goal.
For additional information about Goal Setting and Good Faith Efforts, please contact the Contract Compliance Office (907) 269-0845.
Standard Specifications including the Section 120 can be found here: https://dot.alaska.gov/stwddes/dcsspecs/