Contract Compliance FAQs

General Information

• How is MBE/WBE/IVOSB participation monitored?

  At the time of bid, respondents are expected  to submit all MBE/WBE/IVOSB participation forms provided in the solicitation package.

  After the contract is awarded, Contract Compliance staff audits contracts to verify the MBE/WBE/IVOSB is performing as agreed and requires all vendors to submit vendor payment information in the Pay Audit System to ensure payment is made to all MBE/WBE/IVOSBs for work completed.

• What are the State of Indiana participation goals for MBE/WBE/IVOSB?

  The State of Indiana's participation goals can be found on the Division of Supplier Diversity website:
  https://www.in.gov/idoa/mwbe/minority-and-womens-business-enterprises/participation-goals/

• Where can I find information about program laws and policies?

  Laws and policies are available on the Division of Supplier Diversity website:

  MBE/WBE program laws and policies: https://www.in.gov/idoa/mwbe/minority-and-womens-business-enterprises/laws-and-policies/

  IVOSB program laws and policies: https://www.in.gov/idoa/mwbe/indiana-veteran-business-program/ivosb-laws-and-policies/

• What services does the Division of Supplier Diversity Contract Compliance team offer?

  The Contract Compliance monitors and enforces program requirements on State of Indiana contracts and procurements. Although the team does not provide legal advice, we can provide certified vendor search assistance, aid in identifying sub-contracting opportunities on projects, serve as a liaison between prime vendors & subcontractors, investigate concerns of non-compliance, and assist with ongoing education to the vendor community and State of Indiana entities.

Pre-Award

• Does my firm have to be certified by IDOA as an MBE/WBE/IVOSB to do business with the State of Indiana?

  Your firm does not have to be certified as an MBE/WBE/IVOSB to do business with the State, but only certified MBE/WBE/IVOSBs can be used for MBE/WBE/IVOSB credit.

  However, if you qualify and wish to participate in the State of Indiana’s MBE/WBE/IVOSB programs, your firm must be certified by the Indiana Department of Administration (IDOA).

• How does MBE/WBE/IVOSB certification help my firm get business from the State of Indiana?

  When the State of Indiana sets goals for MBE/WBE/IVOSB participation, prime vendors seek out qualified MBE/WBE/IVOSB firms to serve as subcontractors. In general, prime vendors look for firms that are already IDOA-certified as MBE/WBE/IVOSBs.

  Certification makes it easier to market your services to other vendors interested in State of Indiana opportunities. Another advantage is being included in the IDOA Directory of Certified Businesses. Many vendors use this directory to find MBE/WBE/IVOSBs to participate in their contracts.

• Once certified as an MBE/WBE/IVOSB, am I guaranteed to win contracts and subcontracts?

  No, certification does not guarantee any work with the State of Indiana. Please refer to the Business Opportunities website to take advantage of your certification.

• What constitutes a “good faith effort”?

  To determine good faith effort to meet the MBE/WBE/IVOSB goals, the Contract Compliance team reviews the procedures used to solicit bids from MBE/WBE/IVOSB certified firms for the projects by examining the trades required on the project, the list of contractors solicited for bids, the location of the project in relation to the subcontractors solicited, and other project-specific factors.

  This is not an exhaustive list of factors that determine a good faith effort.

• Where can I find information on business opportunities with the State of Indiana or other organizations that accept IDOA MBE/WBE/IVOSB certifications?

  An initial starting place is the Division of Supplier Business Opportunities webpage: https://www.in.gov/idoa/mwbe/business-opportunities/.

  It is also recommended to sign up for business opportunity alerts from the Division of Supplier Diversity partners.

• I am responding to a State of Indiana solicitation as a prime and need to find certified MBE/WBE/IVOSB to meet the State goals, how can I find certified firms?

  There are a variety of ways to solicit IDOA-certified MBE/WBE/IVOSB:

  1. Visit the IDOA certified directory located at http://www.in.gov/idoa/mwbe/2743.htm
  2. Attend pre-bid meetings and pre-proposal conferences to network with firms and view the sign-in sheets
  3. Advertise bid notices with the Division of Supplier Diversity. When sending a notice that you would like posted, be sure to follow the guidelines established at https://www.in.gov/idoa/mwbe/files/Utilizing_DSD_for_Primes.zip

Award

• I provided a vendor a subcontractor commitment letter for a solicitation submission, how do I find out if the vendor was awarded the solicitation?

  If the solicitation was administered by the IDOA Procurement Division, visit the Award Recommendations webpage at: https://www.in.gov/idoa/procurement/award-recommendations/.

  If the bid was administered by the INDOT Construction Division, view the Affirmative Action Certificates located on the Contract Letting webpage at: https://www.in.gov/dot/div/contracts/letting/lettingarchives.htm.

  If the bid was administered by the INDOT Purchasing Division, view the Bid Tabulations webpage:  https://erms12c.indot.in.gov/INDOTBidViewer/Default.aspx.

Post-Award

• How can I submit a compliant regarding misuse of the MBE/WBE/IVOSB program?

  To file a compliant, please submit detailed information regarding your complaint (including timeline, contract numbers, etc.) via email to: mwbecompliance@idoa.in.gov.

• I am a subcontractor on several contracts, but I am unsure of the State of Indiana Contract Numbers or Document ID. Where can I find this information?

  It is important to keep track of the State of Indiana solicitation and contract numbers for future reference. You may be able to find some contract information by accessing the Pay Audit System and viewing all records for your firm located in the Subcontract Payments screen. The State's Active Contracts listing provides an up-to-date list of all professional services contracts in which the state is currently a party. This list can be accessed through the Supplier Portal.

  For assistance navigating the Public Contracts Search, watch the following video: Supplier Portal - Navigating the Public Contracts Search Overview.

• My firm is participating on a State of Indiana contract as a subcontractor, but I have not been utilized. What do I do?

  First, refer to any agreements your firm entered into and contact the prime vendor regarding projected timelines.

  If the prime vendor is unresponsive, contact the Division of Supplier Diversity Contract Compliance at mwbecompliance@idoa.in.gov or 317-232-3061.

• What if the MBE/WBE/IVOSB subcontractor goes out of business, files bankruptcy, or does not perform adequately per contract requirements?

  Please refer to the DSD's Subcontractor Change Process listed above.

• What is expected of contractors once a contract is awarded?

  All firms, MBE/WBE/IVOSB and non-MBE/WBE/IVOSB, are expected to meet performance standards as established by the contract. This relates to the quality of work done, the submission of reports and other information in a timely manner, and compliance with applicable regulations and laws.

• What is the process to make changes to a subcontractor participation plan?

  The Division of Supplier Diversity is the final approval authority for alterations to the subcontractor participation plan. Therefore, changes to participation plans cannot be made without the Division's approval. If a vendor requests a change to the MBE/WBE or IVOSB participation plan, our office must receive the vendor’s request on their company letterhead. The request should be addressed to the attention of the Deputy Commissioner, Kesha Rich, but emailed to mwbecompliance@idoa.in.gov for electronic submission. At minimal, firms are expected to uphold their overall MBE/WBE and IVOSB commitments. Please note any proposed subcontractor must be an IDOA-certified MBE/WBE/IVOSB. Additionally, any replacement firm must be of the same certification type as the firm whose participation is being reduced or replaced. You can find the current state-certified MBE/WBE/IVOSB directory here: http://www.in.gov/idoa/mwbe/2743.htm.

  The request must include the following information:
  1.    A detailed reason for the change
  2.    The name of the firm being removed and/or added
  3.    The scope of services that were removed and/or will be performed by the added firm
  4.    The percentage of the contract to be added to/or removed from that firm
  5.    Period of performance for any added firm

  Additionally, an authorized representative from the firm whose participation is reduced or removed from the contract must sign an MBE/WBE/IVOSB change notification. It is our expectation that conversations have taken place between the vendor and the impacted subcontractor(s) prior to our office receiving the change request.

• Where do I submit subcontractor agreements?

  Subcontractor agreements must be submitted to the Division of Supplier Diversity within 30 days of the executed contract with the State of Indiana. The subcontractor agreements can be submitted via mail or email to:

  Division of Supplier Diversity Contract Compliance
  402 W. Washington Street, W-462
  Indianapolis, IN 46204

  Email: mwbecompliance@idoa.in.gov