The General Notices of every DelDOT project that uses Federal Aid Funds, contain provisions that are of interest to all subcontractors. Critical Disadvantaged Business Enterprise (DBE) Requirements, for example, include requirements for prompt payment and return of retainage that apply to all subcontractors employed on Federal Aid projects, regardless of DBE status. The specific requirements are as follows:

6. In the execution of this contract, the successful bidder agrees to comply with the following contract clauses:

Prompt Payment: The prime contractor/consultant receiving payments shall, within 30 days of receipt of any payment, file a statement with the Department on a form to be determined by the Department that all subcontractors furnishing labor or material have been paid the full sum due them at the stage of the contract, except any funds withheld under the terms of the contract as required by Chapter 8, Title 17 of the Delaware Code annotated and as amended. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of DelDOT. This clause applies to both DBE and non-DBE subcontractors.

Retainage: The prime contractor agrees to return retainage to each subcontractor within 15 calendar days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of DelDOT. This clause covers both DBE and non-DBE subcontractors. As guidance, once a subcontractor has satisfactorily completed the physical work, and has given to the prime contractor a certified statement that all laborers, lower tier contractors, and materialmen who have furnished labor and materials to the subcontractor have been paid all monies due them, the prime contractor shall return retainage to the subcontractor within 15 calendar days.

For further information concerning these requirements, contact:

James Hoagland, Contract Services Administrator
Delaware Department of Transportation
P.O. Box 778
Dover, DE 19903
302.760.2036
FAX 302.739.2254

The Department of Transportation hereby notifies all, that it will affirmatively insure that in all contracts it enters into, minority business enterprises will be afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, creed, color, sex, or national origin in consideration for an award.

Department of Transportation
State of Delaware
By: Carolann Wicks, Secretary
Dover, Delaware
January 2008