DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM 49
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Transcript of DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM 49
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
49 CFR PART 26
Patricia Kiewiz, Transit Director
Annual DBE Goal FFY 2016 - 2018
U. S. Department of Transportation Federal Transit Administration
July 15, 2015
POLICY STATEMENT Section 26.1, 26.23 Objectives/Policy Statements Green Bay Metro of the City of Green Bay has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. Metro has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, Green Bay Metro has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of Green Bay Metro to ensure that DBEs are defined in part 26, have an equal opportunity to receive and participate in DOTassisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the
DBE Program. Patricia Kiewiz, Green Bay Metro Transit Director has been delegated as the DBE Liaison Officer. In that capacity, Ms. Kiewiz is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by Metro in its financial assistance agreements with the Department of Transportation. Green Bay Metro Transit has disseminated this policy statement to the Green Bay Metro Transit Commission, City of Green Bay Common Council, City of Green Bay Mayor and all of the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts through public notification (advertisement in local newspapers).
SUBPART A GENERAL REQUIREMENTS Section 26.1 Objectives The objectives are found in the policy statement on the first page of this program. Section 26.3 Applicability Metro is the recipient of federal transit funds authorized by Titles I, III, V and VI of ISTEA, Pub. L. 102-240 or by Federal transit laws in Title 49, U.S. Code, or Titles I, III, and V of the TEA-21, Pub. L. 105-178. Titles I, III, and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109-59, 119 Stat. 1144; and Divisions A and B of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, 126 Stat. 405. Section 26.5 Definitions Metro will adopt the definitions contained in Section 26.5 for this program. Section 26.7 Non-discrimination Requirements Metro 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 contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, Metro will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. Section 26.11 Record Keeping Requirements Uniform Report of DBE Award or Commitments and Payments: 26.11(a) Metro will report semi-annually (quarterly for ARRA award) DBE participation to the FTA using the Uniform Report of DBE Awards or Commitments and Payments found in Appendix B to the DBE regulation. Bidders List: 26.11(c) Metro will create a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on DOT-assisted contracts. The purpose of this requirement is to allow use of the bidders list approach to calculating overall goals. The bidder list will include the name, address, DBE non-DBE status, age, and annual gross receipts of firms. We will collect this information in the following ways: Green Bay Metro will use the certified DBE businesses listed for the State of Wisconsin in the WI UCP Eligibility Directory available on the WISDOT web site at http://app.mylcm.com/wisdot/Reports/WisDotUCPDirectory.aspx.
Section 26.13 Federal Financial Assistance Agreement Metro, City of Green Bay has signed the following assurances, applicable to all DOT-assisted contracts and their administration: Federal Financial Assistance Agreement Assurance: 26.13(a)
Metro shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The recipients DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to Green Bay Metro of its failure to carry out its approved program, the Department may impose sanction as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
This language will appear in financial assistance agreements with sub-recipients. [Note: This language is to be used verbatim, as it is stated in 26.13(a).] Contract Assurance: 26.13b We will ensure that the following clause is placed in every DOT-assisted contract and subcontract:
The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient, deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the contractor from future bidding as non-responsible.
[Note: This language is to be used verbatim, as it is stated in 26.13(b)] SUBPART B - ADMINISTRATIVE REQUIREMENTS Section 26.21 DBE Program Updates Since Green Bay Metro has received a grant of $250,000 or more in FTA planning capital, and or operating assistance in a Federal fiscal year, we will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program.
Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this program.
Section 26.25 DBE Liaison Officer (DBELO)
We have designated the following individual as our DBE Liaison Officer: Patricia Kiewiz Transit Director 901 University Avenue Green Bay, WI 54302 email@example.com In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and ensuring that Metro complies with all provision of 49 CFR Part 26. The DBELO has direct, independent access to the City of Green Bay Mayor concerning DBE program matters. An organization chart displaying the DBELOs position in the organization is found in Attachment 4 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. The duties and responsibilities include the following:
1. Gathers and reports statistical data and other information as required by DOT. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-
neutral methods and contract specific goals attainment and identifies ways to improve progress. 6. Participates in pre-bid meetings. 7. Advises the CEO\governing body on DBE matters and achievement. 8. Provides DBEs with information and assistance in preparing bids, obtaining bonding and
insurance. 9. Provides outreach to DBEs and community organizations to advise them of opportunities. 10. Maintains Green Bay Metros updated directory on certified DBEs.
Section 26.27 DBE Financial Institutions It is the policy of Metro to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contract to make use of these institutions. We have made the following efforts to identify and use such institutions: When quoting projects or sending out request for proposals (RFP), we run a new