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  • Airport Concessions Disadvantaged Business Enterprise (ACDBE) Policy and Procedures Manual Business Diversity & Development Department

    Board Approved 10/03/2013

  • Board Approved (10/03/2013)

    Dallas/Fort Worth International Airport

    ACDBE PROGRAM

    Table of Contents

    Section 23.1, 23.23 Objectives/Policy Statement Section 23.3 Definitions .................................................................................................................. 3 Section 23.5 Applicability .................................................................................................................. 3 Section 23.9 Non-discrimination Requirements ................................................................................ 3 Section 23.11 Compliance and Enforcement ...................................................................................... 3 Section 23.21 ACDBE Program Updates ............................................................................................ 4 Section 23.23 Administrative Provisions ............................................................................................. 4 Section 23.25 Ensuring Nondiscriminatory Participation of ACDBEs ................................................. 5 Section 23.27 Reporting ...................................................................................................................... 6 Section 23.29 Compliance and Enforcement Procedures .................................................................. 6 Section 23.31 ACDBE Certification ..................................................................................................... 7 Section 23.41 Basic Overall Goal Requirement .................................................................................. 7 Section 23.43 Consultation in Goal Setting ......................................................................................... 7 Section 23.45 Overall Goals ................................................................................................................ 8 Section 23.53 Counting ACDBE Participation for Car Rental Goals ................................................. 11 Section 23.55 Counting ACDBE Participation for Concessions Other than Car Rentals ................. 11 Section 23.57 Failure to Meet Overall Goals .................................................................................... 11 Section 23.61 Quotas or Set-asides .................................................................................................. 11 Section 23.71 Existing Agreements .................................................................................................. 11 Section 23.75 Long-Term Exclusive Agreements ............................................................................. 12 Section 23.79 Geographic Preferences ............................................................................................ 12

    ATTACHMENTS

    Attachment 1 Organizational Chart Attachment 2 Monitoring and Enforcement Mechanisms Attachment 3 Overall Goal and Methodology for Concessions Other Than Car Rentals

    (FY 2012 – FY 2014) Attachment 4 Overall Goal Methodology for Car Rental Concessions (FY 2012 – FY 2014)

    Attachment 5 Regulations: 49 CFR Part 23 Attachment 6 Trade Organizations/Associations

    Attachment 7 Joint Venture Guidance

  • DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD OFFICIAL BOARD ACTION/RESOLUTION

    Date 10/03/2013

    Committee Concessions/Commercial Development

    Subject Adoption of Revised Airport Concessions Disadvantaged Business Enterprise (ACDBE) Policy and Program

    Resolution # 2013-10-297

    Action That the Chief Executive Officer or designee be authorized to adopt the revised Airport Concessions Disadvantaged Business Enterprise (ACDBE) Policy and Program.

    Description

    The Airport Board has established an Airport Concessions Disadvantaged Business Enterprise (ACDBE) Program in accordance with the U.S. Department of Transportation (USDOT) regulations, 49 CFR Part 23. The Airport Board receives Federal financial assistance from the DOT, and as a condition of receiving this assistance, has signed an assurance that it will comply with 49 CFP Part 23.

    It is the policy of the Airport Board to ensure nondiscrimination in the award and administration of opportunities for concessions by airports receiving USDOT financial assistance.

    Justification

    The final rule for the ACDBE Program (49 CFR Part 23) was published in the Federal Register in June 2012. The main purpose of the rule was to conform key changes, that were made to the Disadvantaged Business Enterprise (DBE) Program (49 CFR Part 26) in January 2011, to the ACDBE Program.

    The regulatory updates required the Airport Board to update its 2006 ACDBE Policy and Program and submit to the Federal Aviation Administration (FAA) for review and approval.

    The Airport Board submitted its revised ACDBE Policy and Program to FAA on March 29, 2013 and received FAA approval on August 8, 2013.

    D/S/M/WBE Information

    N/A•

    Schedule/Term

    N/A•

    Contract # Agreement # Purchase Order # Action Amount Revised Amount $0 $0

    For Information contact Tamela Lee 3-5510

    Fund Project # External Funding Source Amount $0

  • Resolution # 2013-10-297

    Additional Information Summary of the major rule provisions:

    ACDBE personal net worth (PNW) cap adjusted for inflation from $750,000 to $1.32 million, for ACDBE certification eligibility;

    The third exemption in the ACDBE PNW definition was suspended prospectively (the third exemption excludes from an applicant's PNW those assets that the applicant used to encumber loans as collateral for the intitiation or expansion of the applicant's ACDBE business, up to $3 million);

    Increase program oversight is required of sponsors to monitor ACDBE participation in every ACDBE contract;

    Sponsors are required to analyze their goal achievement process and take corrective actions when their overall ACDBE goal is not met in a given year;

    New procedures are required for termination of an ACDBE firm for convenience;• Interstate and other certification changes are extended to the ACDBE program;• Race-conscious goal-setting is required when race-netural goals are not being achieved; and• ACDBE small business size standards were adjusted for inflation.•

    Additional Attachments: Y

    BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD

    That the Chief Executive Officer or designee be authorized to adopt the revised Airport Concessions Disadvantaged Business Enterprise (ACDBE) Policy and Program.

    Approved as to Form by

    Rodriguez, Elaine General Counsel Sep 23, 2013 5:21 pm

    Approved as to Funding by

    Palacios, Abel AVP Business Financial Plng Finance Sep 24, 2013 10:00 am

    Approved as to M/WBE by

    Lee, Tamela VP Business Diversity & Dev Business Diversity and Development Sep 23, 2013 5:06 pm

    SIGNATURE REQUIRED FOR APPROVAL

    Approved by

    Department Head Small & Emerging Business Sep 23, 2013 5:06 pm

    Oct 5, 2013 2:09 pm

    Chief Executive Officer Date

  • Western-Pacific Region Office of Civil Rights

    P.O. Box 92007 Los Angeles, CA 90009-2007

    August 8, 2013 Via Electronic Mail Ms. Tamela Lee Vice President Business Diversity & Development Department Dallas/Fort Worth International Airport PO Box 619428 DFW Airport, TX 75261 Re: Airport Concessions Disadvantaged Business Enterprise Program Dear Ms. Lee: This letter is in reference to the Airport Concessions Disadvantaged Business Enterprise (ACDBE) program submitted for the Dallas/Fort Worth International Airport. Based on our review, we have determined that the program meets the standards set forth in 49 CFR Part 23, Department of Transportation regulations. Regular updates of your ACDBE program are not required as long as you remain in compliance. However, you are required to submit significant changes for approval. Please submit an executed copy of the Policy Statement (page one) of your ACDBE program at your earliest convenience. If you have any questions or need assistance, please call Ms. Dolores Leyva at (310) 725-3939 or e-mail at dolores.leyva@faa.gov. Sincerely, Michael D. Freilich, Director Civil Rights & DBE Compliance Western-Pacific Region cc: ASW 650

  • (Board Approved 10/03/2013) 3

    SUBPART A – GENERAL REQUIREMENTS

    Section 23.3 Definitions The Airport Board will use terms in this program that have the meaning defined in Section 23.3 and Part 26, Section 26.5 where applicable. Section 23.5 Applicability The Airport Board operates a primary airport and is the sponsor of federal airport funds authorized for airport development after January 1988 that was authorized under Title 49 of the United States Code. Section 23.9 Non-discrimination Requirements The Airport Board will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any concession agreement, management contract or subcontract, purchase or lease agreement or other agreement covered by 49 CFR Part 23 on the basis of race, color, sex, or national origin. In