HomeMy WebLinkAboutDBE PROGRAM FOR DOT ASSISTED CONTRACTS YR 2012Disadvantaged Business
Enterprise Program For DOT
Assisted Contracts
Augusta, Georgia
Fiscal Year 2012
Department of Transportation
DBE Program — 49 CFR Part 26
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AUGUSTA, GEORGIA
DEPARTMENT OF TRANSPORTATION
DBE PROGRAM — 49 CFR PART 26
POLICY STATEMENT
A
Section 26.1, 26.23 Objectives /Policy Statement
Augusta, Georgia has established a Disadvantaged Business Enterprise (DBE)
Program in accordance with regulations of the U.S. Department of
Transportation, (DOT), 49 CFR Part 26. Augusta, Georgia has received
financial assistance from the Department of Transportation and as a condition
of receiving this assistance, Augusta, Georgia has signed an assurance that it
will comply with 49 CFR Part 26. Augusta, Georgia is committed to ensuring
that all DBE requirements of Federal and state funded contracts will be
implemented by Augusta, Georgia. The Director of EEO /minority and small
business .opportunities shall serve as the DBE Liaison Officer and is responsible
for accomplishing the objectives of this program.
It is the policy of Augusta, Georgia to ensure that Disadvantaged Business
Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to
receive and participate in DOT - assisted contracts. It is also Augusta, Georgia's
policy to:
(a) To ensure nondiscrimination in the award and administration of DOT
and other contracts covered by this program;
(b) To create a level playing field on which DBEs can compete fairly for
DOT and other contracts covered by this program;
(c) To ensure that the this DBE program is narrowly tailored in
accordance with applicable law;
(d) To ensure that only firms that fully meet 49 CFR Part 26 eligibility
standards are permitted to participate as DBEs;
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3(4/1
(e) To help remove barriers to the participation of DBEs in DOT and
other contracts covered by this program;
(f) To assist in the development of firms that can compete successfully in
the marketplace outside the DBE program; and
(g) To provide appropriate flexibility to recipients of Federal financial
assistance in establishing and providing opportunities for DBEs.
The DBE Liaison Officer 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 Augusta,
Georgia in its financial assistance agreements with the Department of
Transportation.
Augusta, Georgia has disseminated this policy statement to the Board of
Commissioners and all of the components of its organization. We have
distributed this statement to DBE and non -DBE business communities that
perform work for Augusta, Georgia on DOT - assisted contracts, and has
implemented the DBE Program with the same priority with which it complies
with other legal obligations imposed by DOT. Augusta, Georgia has
communicated with DBE and non -DBE businesses via its website to let them
know that a copy of this document is available for viewing. Additionally, this
document is available to anyone at the DBE Program office located at 530
Greene Street, Suite 305, Augusta, Georgia 30901 during normal business hours
of 8:30am - 5:00pm.
DEICE COPEN AVER, MAYOR
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DATE
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
Augusta, Georgia 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, II, and V of the Teas -21, Pub. L. 105 -178.
SECTION 26.5 DEFINITIONS
Augusta, Georgia adopts the definitions contained in 49 CFR Part 26 for this
program.
LIMITATIONS.
This DBE program is only for DOT assisted contracts and other federal or state
funded contracts having mandatory DBE requirements. All DOT funded projects
are subject to the requirements of 49 CFR Part 26. These requirements are
mandatory and non - negotiable. Augusta enforces DBE requirements and/or DBE
goals set by Federal and/or State Agencies in accordance with State and Federal
laws. The U.S. District Court for the Southern District of Georgia has entered an
Order enjoining the Race -Based portion of Augusta, Georgia's DBE Program. (A
copy of this Order may be obtained at:
HTTP: //WWW.AUGUSTAGA.GOV /INDEX.ASPX ?NID = 1448). Thus,
Augusta, Georgia does not have or operate a Disadvantaged Business Enterprise
(DBE), Minority Business Enterprise (MBE) or Women owned Business
Enterprise (WBE) program for projects (or portions of projects) having Augusta,
Georgia as the source of funding.
SECTION 26.7 NON - DISCRIMINATION REQUIREMENTS
Augusta, Georgia will not 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.
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In administering this DBE program, Augusta, Georgia 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
(a) Reporting to DOT: 26.11(b)
Augusta, Georgia will semi - annually submit to DOT the Uniform Report of DBE
Awards or Commitments and Payment Form, as modified. This report is due to
December 1 and June 1 each year.
(b) Bidders List: 26.11(c)
Augusta, Georgia will create and maintain a bidder's list, consisting of information
about all DBE and non -DBE firms that bid or quote on federally assisted
contracts. The purpose of this requirement is to allow use of the bidder's list
approach to calculating overall goals. The bidder's list will include the name,
address, DBE /non -DBE status, age, and annual gross receipts of firms.
Augusta, Georgia will collect this information in the following ways:
(1) Including a contract clause in all DOT assisted contracts covered by
this program, requiring prime bidders to report the name, address,
DBE /non -DBE status and gross receipts of all firms who quote to
them on subcontracts.
(2) Submitting a recipient- directed survey of a statistically sound sample
of firms in the Augusta, Georgia regional area.
(3) Including a notice in solicitations and on the Augusta, Georgia
website requesting that firms quoting on subcontracts submit their
name, address, DBE /non -DBE status and gross receipts directly to the
DBE Liaison Officer.
SECTION 26.13 FEDERAL FINANCIAL ASSISTANCE AGREEMENT
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Augusta, Georgia has signed the following assurances, applicable to all DOT -
assisted contracts and their administration:
(a) Assurance: 49 CFR Part 26.13(a)
Augusta, Georgia 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 recipient's 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 Augusta, Georgia of
its failure to carry out its approved program, the Department may impose sanction
as provided for under 49 CFR 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 must appear in financial assistance agreements with sub - recipients.
(b) Contract Assurance: 49 CFR Part 26.13(b)
Augusta, Georgia 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 or in the administration of its DBE program or the
requirements of 49 CFR part 26. 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.
SUBPART B — ADMINISTRATIVE REQUIREMENTS
SECTION 26.21 DBE PROGRAM UPDATES
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Augusta, Georgia is an FTA recipient receiving planning capital, and or operating
assistance and anticipates awarding prime contracts (excluding vehicle purchases)
exceeding $250,000 or more in a federal fiscal year, Augusta, Georgia will
continue to carry out this program until all funds from DOT financial assistance
have been expended. Augusta, Georgia will provide to DOT updates representing
significant changes in the program.
SECTION 26.23 POLICY STATEMENT
The signed and dated policy statement is located on page one, herein above.
SECTION 26.25 DBE LIAISON OFFICER (DBELO)
The Chief Executive Officer concerning DBE Program matters for Augusta,
Georgia shall be the Mayor of Augusta, Georgia. Augusta shall have a DBE
Liaison Officer (DBELO) who shall have direct, independent access to the Mayor
concerning DBE Program matters. In that capacity, the DBE Liaison Officer is
responsible for implementing all aspects of the DBE program and ensuring that
Augusta, Georgia complies with all provisions of 49 CFR Part 26. The DBE
Program office is located at 530 Greene Street, Suite 305, Augusta, Georgia 30901;
inquiries regarding this program should be directed to Yvonne Gentry at (706)
821 -2406, or via email at ygentry @augustaga.gov. An organization chart
displaying the DBE Liaison Officer's position in the organization is found in
Attachment 1, attached hereto and incorporated herein by reference. The DBE
Liaison Officer is responsible for developing, implementing and monitoring the
program, in coordination with other appropriate officials. The duties and
responsibilities include the following:
(a) Outreach and Education
(1)
Providing outreach to DBEs and community organizations to advise
them of opportunities;
(2) Providing DBEs with information and assistance;
(3) Planning and participating in DBE training seminars; and
(4) Providing assistance to DBEs in overcoming barriers in the
procurement process such as inability to obtain financing or technical
assistance.
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(b) Contract and Procurement Activities
(1) Providing information to DBE firms about Augusta, Georgia Transit,
its function, and the full range of its contractual needs;
(2) Providing DBE firms with information on future procurement and
contracting schedules;
(3) Ensuring that transit contract manager provides sufficient lead time
for advertisement of all invitations for bids on contracts covered by
this program so that all firms have reasonable time to develop a
complete bid package or proposal and secure necessary assistance;
(4) Ensuring that transit contract manager place bid notices in
newspapers, especially publications which are circulated through the
DBE community;
(5) Providing instructions about contract performance requirements;
(6) Notifying certified DBEs of informal bid solicitations for contracts
within their areas of qualification to ensure a full and fair opportunity
to participate in such contracts; and
(7) Providing DBEs and DBE organizations with lists of contractors who
are expected to be interested in bidding on a contract.
(c) Goal Setting
(1)
Ensure that overall annual goals are set in accordance with this
program; and
(2) Analyzing contracts and procurements so that DBE goals are included
in appropriate solicitations in accordance with the requirements of this
program.
(d) Monitoring and Compliance
(1) Reviewing third party contracts and purchase requisitions for
compliance with this DBE program;
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(2) Compiling and reporting statistical data and other information as
required by DOT; and
(3) Collecting prime, subcontractor and supplier data as required by DOT;
(4) Advising the Commission on DBE matters and achievement; and
(5) Maintaining the DBE bidder's list for DOT and other contracts
covered by this program.
SECTION 26.27 DBE FINANCIAL INSTITUTIONS
It is the policy of Augusta, Georgia 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. Augusta, Georgia will provide prime contractors and sub-
contractors with contact information for all DOT — assisted contracts. We will
encourage prime contractors on DOT — assisted contract to make use of these
institutions. Information of such institution is provided as requested. We have
made the following efforts to identify and use such institutions:
To date we have identified the following such institutions:
Capital City
1268 Broad Street
Augusta, GA 30901
(706) 432 -0024
This financial institution is a community full service bank. The institution has
partner with the CSRA Business League to provide additional service to the small
business community. Information on the availability of such institutions can be
obtained from the DBE Program officer at (706) 821 -2406 by (706) 821 -4228 fax.
SECTION 26.29 PROMPT PAYMENT MECHANISMS
(a) Augusta, Georgia will include the following clause in each FTA— assisted
prime contract:
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The prime contractor agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contract no later
than 30 days from the receipt of each payment the prime contract
receives from Augusta. The prime contractor agrees further to return
retainage payments to each subcontractor within 30 days after the
subcontractors 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 Augusta,
Georgia. This clause applies to both DBE and non -DBE subcontracts.
(b) Augusta, Georgia will ensure prompt and full payment of retainage from the
prime contractor to the subcontractor within thirty (30) days after the
subcontractor's work is satisfactorily completed by using one or more of the
following methods:
(1) Declining to hold retainage from prime contractors and prohibiting
prime contractors from holding retainage from subcontractors.
(2) Declining to hold retainage from prime contractors and requiring a
contract clause obligating prime contractors to make prompt and full
payment of any retainage kept by prime contractor to the
subcontractor within thirty (30) days after the subcontractor's work is
satisfactorily completed.
(3)
(4) Requiring a contract clause that requires prime contractors to include
in their subcontracts language providing that prime contractors and
subcontractors will use appropriate alternative dispute resolution
mechanisms to resolve payment disputes.
(5)
Holding retainage from prime contractors and providing for prompt
and regular incremental acceptances of portions of the prime contract,
pay retainage to prime contractors based on these acceptances, and
require a contract clause obligating the prime contractor to pay all
retainage owed to the subcontractor for satisfactory completion of the
accepted work within thirty (30) days after Augusta, Georgia's
payment to the prime contractor.
Requiring a contract clause providing that the prime contractor will
not be reimbursed for work performed by subcontractors unless and
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until the prime contractor ensures that the subcontractors are promptly
paid for the work they have performed.
(c) Augusta, Georgia shall have the power and authority to enforce all of the
provisions of this subsection and may implement suspension and debarment
for non - compliance as provided in Chapter 10 of the AUGUSTA, GEORGIA
CODE.
SECTION 26.31 DIRECTORY
Augusta, Georgia is a member of the State of Georgia's Unified Certification
Program (UCP) and adopts UCP's directory identifying all firms eligible to
participate as DBEs. The Georgia Department of Transportation administers the
program. The directory lists the firm's name, address, phone number, date of the
most recent certification, and the type of work the firm has been certified to
perform as a DBE. NAICS codes for this directory are being provided by Georgia
DOT. Augusta will list each type of work for which a firm is eligible to be certified
by using the most specific NAICS codes available to describe each type of work.
The Directory is updated at least monthly by Georgia DOT. The Directory can be
obtained from the following website:
http: / /tomcat2. dot. state. ga. us /ContractsAdministration /uploads /01201 LetDBE_Dir
ectory_CA_New.pdf.
SECTION 26.33 OVERCONCENTRATION
At this time, Augusta, Georgia has not identified that overconcentration exists in
certain types of work that DBEs perform in Augusta, Georgia.
(a) The DBE Liaison Officer shall annually review the availability of DBE and
non -DBE firms in the different types of work which Augusta, Georgia
utilizes and make a preliminary determination as to whether DBE firms may
be so overconcentrated in a certain type of work as to unduly burden the
opportunity of non —DBE firms to participate in one or more types of work.
Any preliminary determination by the DBE Liaison Officer shall be
submitted to the concerned DOT operating administration for a final
determination of overconcentration.
(b) Subject to approval required in subsection (c) below, when an
overconcentration of DBE firms in a certain type of work is determined to
exist, the DBE Liaison Officer may provide: technical assistance, business
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development programs, mentor - protege programs, and other appropriate
measures designed to assist DBEs in performing work outside of the specific
field in which there is an overconcentration of DBE firms.
(c) Before implementing any of the measures provided in subsection (b) above,
the DBE Liaison Officer shall obtain the approval of the concerned DOT
operating administration.
SECTION 26.35 BUSINESS DEVELOPMENT PROGRAMS
Augusta, Georgia has not established a business development program at this time.
SECTION 26.37 MONITORING AND ENFORCEMENT MECHANISMS
Augusta, Georgia will take the following monitoring and enforcement mechanisms
to ensure compliance with 49 CFR Part 26.
(a) Augusta, Georgia will bring to the attention of the Department of
Transportation any false, fraudulent, or dishonest conduct in connection with
the program, so that DOT can take the steps (e.g., referral to the Department
of Justice for criminal prosecution, referral to the DOT Inspector General,
action under suspension and debarment or Program Fraud and Civil
Penalties rules) provided in 49 CFR Part 26.
(b) Augusta, Georgia will consider similar action to the extent permitted by
applicable law, including making responsibility determination in future
contracts and solicitations. The DBE Liaison Officer and appropriate staff
will make prompt compliance determinations regarding contractors.
Documentation of non - compliance will include the specific areas in which
the contractor failed to comply. In these instances, appropriate action,
consistent with the DBE Program and contract provision will be taken.
(c) Augusta, Georgia will also provide a monitoring and enforcement
mechanism to verify that work committed to DBEs at contract award is
actually performed by the DBEs. This will be accomplished by direct
observation. Along with written certification in conjunction with monitoring
of contract performance (i.e. DBE pay application and certification).
(d) The DBE Liaison Officer shall, for every project subject to the DBE
Program, keep and maintain a running tally of actual DBE attainments (i.e.
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payments actually made to subcontractors), including a means of comparing
these attainments to commitments.
SECTION 26.39 FOSTERING SMALL BUSINESS PARTICIPATION
(a) Augusta, Georgia hereby implements a small business element into its
current DBE policy in accordance with 49 CFR Part 26.39. Augusta,
Georgia is including this element to facilitate competition by and expand
opportunities for small businesses.
(b) Augusta, Georgia is committed to taking all reasonable steps to eliminate
obstacles to small businesses that may preclude their participation in
procurements as prime contractors or subcontractors. Augusta, Georgia will
meet its objectives using a combination of its Local Small Business
Opportunity Program as well as the following methods and strategies:
(1) Unbundling: Augusta, Georgia, where feasible, may "unbundle"
projects or separate large contracts into smaller contracts which may
be more suitable for small business participation.
(2) Augusta, Georgia will conduct contract reviews on each DOT -
assisted contract to determine whether portions of the project could be
"unbundled" or bid separately. This determination will be made by
the DBE Liaison Officer in consultation with the Transit Contract
Manager and the Director of Procurement based on the estimated
availability of small business able to provide specific scopes of work.
The DBE Liaison Officer will consider any economic or
administrative burdens which may be associated with unbundling.
(3)
Outreach and technical assistance: Augusta, Georgia sponsors and
participates in outreach and training opportunities for small businesses
through various partnerships. Augusta, Georgia participates in
business outreach sessions conducted by local municipalities and non-
profit agencies which are designed to introduce small businesses to
the procurement processes and practices. Additionally, Augusta,
Georgia advertises contracting opportunities through various outlets
including local newspapers, local publications and trade magazines as
well as on its website.
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(4) Requiring project specific small business goals on projects $100,000
and above.
(5)
(
(b) Definitions:
(1)
Requiring prime contractors to have an affirmative obligation to meet
or exceed the small business goal for projects having such goals and
to provide evidence of good faith efforts to meet such goals.
(6) On prime contracts not having DBE contract goals, requiring the
prime contractor to provide subcontracting opportunities of a size that
small businesses can reasonably perform.
Identifying alternative accusation strategies and structuring
procurements to facilitate the ability of consortia or joint ventures
consisting of small businesses, including DBEs, to compete for and
perform prime contracts.
Small Business:
Small businesses must meet the definitions specified in Section 3 of
the Small Business Act and the Small Business Administration (SBA)
regulations implementing it (13 CFR Part 121). A small business is a
business that is independently owned and operated, is organized for
profit, and is not dominant in its field. Depending on the industry,
size standard eligibility is based on the average number of employees
for the preceding twelve months or on sales volume averaged over a
three- year period.
(2) Disadvantaged Business Enterprise:
For profit small business (as defined by the Small Business
Administration).
-That is at least 51 percent owned by one or more individuals who are
both socially and economically disadvantaged or, in the case of a
corporation, in which 51 percent of the stock is owned by one or more
such individuals;
- Whose socially and economically disadvantaged owners do not
exceed the personal net worth (PNW) as described in 49 CFR Part 26.
The current PNW cap is $1.32 million.
- Whose average annual gross receipts, as defined by SBA regulations
over the firm's previous three fiscal years is less than $22.41 million;
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- Whose management and daily business operations are controlled by
one or more of the socially and economically disadvantaged
individuals who own it; and
- Has been certified as a DBE by the Georgia Department of
Transportation (GDOT) in accordance with 49 CFR Part 26.
For the purposes of the small business element of Augusta Georgia's
DBE Program, small businesses which are also owned and controlled
by socially disadvantaged individuals will be encouraged to seek DBE
certification. Only DBE certified firms will be counted towards DBE
participation on FTA —assisted contracts.
(c) Certification and Verification Procedures.
Augusta, Georgia will accept the following certifications for participation in
the small business element of Augusta, Georgia's DBE Program with
applicable stipulations:
(1) Georgia Department of Transportation DBE Certification — DBE
Certification by the Department of Transit which stipulates that a firm
has been determined to meet all the requirements in accordance with
49 CFR Part 26. All certification determinations are evidenced by a
letter of DBE certification issued by GDOT.
(2) Small Business Enterprise (SBE) Certification — Requires submittal of
three years of business tax returns.
(3)
Georgia Department of Administration HUB Certification — Requires
submittal of three years of business tax returns.
(4) SBA 8(a) Business Development Certification (as described in 13
CFR Parts 121 and 124) — will require submittal of three years of
business tax returns.
(d) Implementation Schedule.
Augusta, Georgia will implement the Small Business Participation element
of this DBE Program within three months of DOT's approval of this
element.
(e) Assurances.
Augusta, Georgia makes the following assurances:
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(1) The DBE Program, including its small business element is not
prohibited by state law;
(2) Certified DBEs that meet the size criteria established under the DBE
Program are presumptively eligible to participate in the small business
element of the DBE Program;
(3) There are no geographic or local preferences or limitations imposed
on FTA — assisted contracts and DBE Program is open to small
businesses regardless of their location;
(4) There are no limits on the number of contracts awarded to firms
participating in the DBE Program;
(5) Reasonable effort will be made to avoid creating barriers to the use of
new, emerging, or untried businesses; and
(6) Aggressive steps will be taken to encourage those minority and
women owned firms participating in the small business element of the
DBE Program that are eligible for DBE certification to become
certified.
SUBPART C — GOALS, GOOD FAITH EFFORTS, AND COUNTING
SECTION 26.43 SET - ASIDES OR QUOTAS
Augusta, Georgia does not use quotas in any way in the administration of this DBE
Program. Unless otherwise authorized by law, Augusta, Georgia will not use race
or gender- conscious set -aside contracts for DBEs on DOT - assisted contracts and
other contracts covered by this program.
SECTION 26.45 OVERALL GOALS
(a) A description of the methodology to calculate the overall goal and the goal
calculations can be found in Attachment 2 to this program.
(b) In accordance with 49 CFR 26.45(f) Augusta, Georgia will, at three year
intervals, submit its overall goal to DOT on August 1. Known minority,
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women's, and general contractors groups, community organizations, and
other officials or organizations which could be expected to have information
concerning the availability of disadvantaged and non - disadvantaged
businesses will be consulted with during the development of the DBE and
non -DBE business community goals to obtain information concerning the
availability of disadvantaged and non - disadvantaged businesses, the effects
of discrimination of DBEs and Augusta, Georgia's efforts to establish a level
playing field for the participation of DBE's. Following this consultation,
Augusta, Georgia will publish a notice of the proposed overall goals,
informing the public that the proposed goal and its rational are available for
inspection during normal business hours at the DBE Liaison office for thirty
days following the date of the notice, and informing the public that Augusta,
Georgia and DOT will accept comments on the goals for forty -five days
from the date of the notice. The notice will include an address to which
comments may be sent and where the proposal may be reviewed. This
notice will be published in the Augusta Chronicle, HOLA Augusta, the
Metro Courier and any other appropriate publication. Augusta, Georgia's
overall goal submission to DOT will include a summary of information and
comments received during this public participation process and our
responses. Augusta, Georgia will begin using it's overall goal on October 1
of each year, unless otherwise instructed by DOT. If Augusta, Georgia
establishes a goal for a DOT assisted contract on an individual project basis,
it will apply that goal to the project by the time of the first solicitation for the
project.
SECTION 26.47 ANALYSIS OF GOAL ATTAINMENT; TAKING
CORRECTIVE ACTION.
At the end of each fiscal year, Augusta, Georgia will assess whether the overall
goals for that year have been met and if awards and commitments shown on the
Uniform Report of Awards or Commitments and Payments at the end of any fiscal
year are less than the overall goal applicable to that fiscal year, Augusta, Georgia
will:
(1) Analyze in detail the reasons for the difference between the overall
goal and the awards and commitments in that fiscal year;
(2) Establish specific steps and milestones to correct the problems
identified in the analysis, which allow Augusta, Georgia to fully meet
goal for the new fiscal year;
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(3) Augusta, Georgia will retain analysis and corrective actions in our
records for three years and make it available to FTA on request for
their review.
SECTION 26.49 TRANSIT VEHICLE MANUFACTURERS GOALS
Augusta, Georgia will require each transit vehicle manufacturer, as a condition of
being authorized to bid or propose on FTA - assisted transit vehicle procurements,
to certify that it has complied with the requirements of this section. Alternatively,
Augusta, Georgia may, at its discretion and with FTA approval, establish project -
specific goals for DBE participation in the procurement of transit vehicles in lieu
of the transit vehicle manufacturer (TVM) complying with this element of the
program.
SECTION 26.51(A - C) MEETING PROGRAM GOALS
(a) The breakout of estimated race - neutral and race - conscious participation can
be found in Attachment 3 to this program. This section of the program will
be updated annually when the goal calculation is updated. Augusta, Georgia
will meet the maximum feasible portion of its overall annual goal by using
race - neutral means for facilitating DBE participation. Augusta, Georgia
uses race - neutral means to increase DBE participation. Some examples are:
(1) Arrange solicitations, pre -bid meeting times, bid opening times, etc. in
ways that accommodate DBE and other small business owners'
schedules.
(2) Advertise in local and regional plan rooms for large dollar and
construction projects.
(3) Ensure adequate distribution of DBE directory.
(4) Provide procurement assistance to all potential bidders as needed.
(5) Provide DBE directory or directory web site to all potential bidders
(e.g., contractors).
(6) Attend all pre -bid, pre - solicitation meeting to assist potential bidders
with DBE guidance.
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(b) Augusta, Georgia will adjust the estimated breakout of race - neutral and race -
conscious participation as needed to reflect actual DBE participation (see
CFR § 26.51(f)), and Augusta, Georgia will track and report race - neutral and
race - conscious participation separately. For reporting purposes, race - neutral
DBE participation includes, but is not necessarily limited to, the following:
• DBE participation through a prime contract a DBE obtains through
customary competitive procurement procedures;
• DBE participation through a subcontract on a prime contract that does not
carry a DBE goal;
• DBE participation on a prime contract exceeding a contract goal; and
• DBE participation through a subcontract from a prime contractor that did not
consider a firm's DBE status in making the award.
SECTION 26.51(D - G) CONTRACT GOALS
(a) Augusta, Georgia will use contract goals to meet any portion of the overall
annual goal that it does not project being able to meet using race - neutral
means.
(b) Contract goals are established so that, over the period to which the overall
goal applies, they will cumulatively result in meeting any portion of the
overall goal that is not projected to be met through the use of race - neutral
means. Augusta, Georgia will establish contract goals only on DOT assisted
contracts that have subcontracting possibilities.
(c) Augusta, Georgia need not establish a contract goal on every such
contract, and the size of any contract goals will be adapted to the
circumstances of each such contract (e.g., type and location of work,
availability of DBEs to perform the particular type of work, etc.).
(d) Augusta, Georgia will express our contract goals as a percentage of the total
amount of a DOT— assisted contract.
SECTION 26.53 (A & C) GOOD FAITH EFFORTS PROCEDURES
(a) Demonstration of good faith efforts (CFR Part 26.53(a) & (c)).
Page 19 of 36 Version 3 -26 -2012
(1) When a DBE contract goal is established, the obligation of the
bidder /offeror is to make good faith efforts to meet that goal. The
bidder /offeror can demonstrate that it has done so either by meeting
the contract goal or documenting its good faith efforts.
(2) A committee will be responsible for making the initial determination
of whether a bidder /offeror who has not met the contract goal has
documented sufficient good faith efforts to be regarded as the lowest
and best bid. The committee is comprised of the DBE Liaison
Officer, the Procurement Department Director and the Transit
Contract Manager (Transit Department).
(3)
All bidders will be required to agree, by the submission of a bid for
work on a project for which a contract is to be awarded by the
Commission, to ensure that they will not discriminate against DBEs in
assembling bid responses, and that where there are contract goals, that
they will either present a bid that meets the goal, or provide
documentation of the good faith efforts made to meet the goal.
Failure to make good faith efforts and to adequately document such
efforts to Augusta, Georgia will be grounds for disqualifying a bid as
non - responsive, pending the outcome of the administrative
reconsideration process.
(4) Bidders shall not discriminate on the basis of race, color, national
origin or gender in the award and performance of contracts. Augusta,
Georgia will ensure that all information is complete, accurate and
adequately documents the bidder's good faith efforts before it
commits to the award of the contract.
SECTION 26.53(B) INFORMATION TO BE SUBMITTED WHEN A
CONTRACT GOAL HAS BEEN ESTABLISHED
(a) Augusta, Georgia treats bidder /offers' compliance with good faith efforts
requirements as one of the factors to be considered when selecting the
lowest and best bid. Each solicitation for which a contract goal has been
established will require the bidders /offerors to submit the following
information:
Page 20 of 36 Version 3 -26 -2012
(1) The names and addresses of DBE firms that will participate in the
contract;
(2) A description of the work that each DBE will perform;
(3) The dollar amount of the participation of each DBE firm participating;
(4) Written and signed documentation of a commitment to use a DBE
subcontractor whose participation it submits to meet a contract goal;
(5) Written and signed confirmation from the DBE that it is participating
in the contract as provided in the prime contractor's commitment; and
(6) If the contract goal is not met, evidence of good faith efforts.
(b) The following criteria will be considered and will be addressed point by
point in assessing the bidder's good faith efforts submission:
(1) Whether the bidder attended any pre - solicitation or pre -bid meetings
that were scheduled by Augusta, Georgia to inform DBEs of
contracting and subcontracting opportunities and informed DBEs of
contracting and subcontracting opportunities;
(2) Whether the bidder advertised in general circulation, trade association,
and minority- focused media concerning subcontracting opportunities;
(3)
Whether the bidder provided timely written notice to a reasonable
number of specific DBEs that their interest in the contract was being
solicited; such notice shall include sufficient information about the
project and work to be subcontracted to allow the DBE to make an
informed response;
(4) Whether the bidder followed up initial solicitations of interest by
personal or telephone contact to DBEs to determine with certainty
whether or not the DBEs were interested;
Page 21 of 36 Version 3 -26 -2012
(5)
(6) Whether the bidder provided interested DBEs with adequate
information about the plans, specifications and requirements of the
contract;
(
(9)
Whether the bidder selected portions of the work to be performed by
DBEs in order to increase the likelihood of DBE participation
(including, where, appropriate, breaking down contracts into
economically feasible units to facilitate DBE participation);
Whether the bidder negotiated in good faith with interested DBEs, not
rejecting DBEs as unqualified without sound reasons based on a
thorough investigation of their capabilities;
(8) Whether the bidder made efforts to assist interested DBEs in obtaining
bonding, lines of credit, or insurance required by Augusta, Georgia or
the bidder;
Whether the bidder effectively used the services of available minority
community organizations; minority bidders' groups; local, state, and
federal minority business assistance offices; and other organizations
that provide assistance in the recruitment and replacement of DBEs;
and
(10) The bidder's record for subcontracting with DBEs on prior contracts,
as well as, its utilization in its bid of subcontractors and suppliers who
would qualify as DBEs.
SECTION 26.53(D) ADMINISTRATIVE RECONSIDERATION
(a) Within five days of being informed by Augusta, Georgia that it is not
responsive because it has not documented sufficient good faith efforts, a
bidder /offeror may request administrative reconsideration. Bidder /offerors
should make this request in writing to the following Reconsideration
Official:
Page 22 of 36 Version 3 -26 -2012
Fred Russell, Administrator of Augusta, Georgia
530 Greene Street, Room 801
Augusta, Georgia 30901
(706) 821 -2400
(b) The Reconsideration Official will not have played any role in the original
determination that the bidder /offeror did not document sufficient good faith
efforts.
(c) As part of this reconsideration, the bidder /offeror will have the opportunity
to provide written documentation or argument concerning the issue of
whether it met the goal or made adequate good faith efforts to do so. The
bidder /offeror will have the opportunity to meet in person with the
Reconsideration Official to discuss the issue of whether it met the goal or
made adequate good faith efforts to do so. The Reconsideration Official will
send the bidder /offeror a written decision on the reconsideration, explaining
the basis for the decision. The result of the reconsideration process is not
administratively appealable to the Department of Transportation.
SECTION 26.53(F) GOOD FAITH EFFORTS WHEN A DBE IS
REPLACED
(a) Augusta, Georgia will require a contractor to make good faith efforts to
replace a DBE that is terminated or has otherwise failed to complete its work
on a contract with another certified DBE, to the extent needed to meet the
contract goal. Augusta, Georgia will require the prime contractor to notify
the DBE Liaison officer immediately of the DBE's inability or
unwillingness to perform and provide reasonable documentation.
(b) Sample Bid Specification:
The requirements of 49 CFR Part 26, Regulations of the U.S.
Department of Transportation, apply to this contract. It is the policy
of Augusta, Georgia to practice nondiscrimination based on race,
color, sex, or national origin in the award or performance of this
contract. All firms qualifying under this solicitation are encouraged to
submit bids /proposals. Award of this contract will be conditioned
upon satisfying the requirements of this bid specification. These
requirements apply to all bidders /offerors, including those who
qualify as a DBE. A DBE contract goal of percent has been
Page 23 of 36 Version 3 -26 -2012
established for this contract. The bidder /offeror shall make good faith
efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to
meet the contract goal for DBE participation in the performance of
this contract.
The bidder /offeror will be required to submit the following
information: (1) the names and addresses of DBE firms that will
participate in the contract; (2) a description of the work that each
DBE firm will perform; (3) the dollar amount of the participation of
each DBE firm participating; (4) Written documentation of the
bidder /offeror's commitment to use a DBE subcontractor whose
participation it submits to meet the contract goal; (5) Written
confirmation from the DBE that it is participating in the contract as
provided in the commitment made under (4); and (5) if the contract
goal is not met, evidence of good faith efforts.
In this situation, the prime contractor must obtain Augusta, Georgia's
prior approval of the substitute DBE and to provide copies of new or
amended subcontracts, or documentation of good faith efforts. If the
contractor fails or refuses to comply in the time specified, Augusta,
Georgia may stop all or part of payment /work until satisfactory action
has been taken. If the contractor still fails to comply, Augusta,
Georgia may terminate for default.
SECTION 26.55 COUNTING DBE PARTICIPATION
Augusta, Georgia will count DBE participation toward overall and contract goals
as provided in 49 CFR 26.55.
SUBPART D — CERTIFICATION STANDARDS
SECTION 26.61 -26.73 CERTIFICATION PROCESS
For information about certification process or to apply for certification, firm should
contact: Georgia Department of Transportation, No. 2 Capitol Square, N.W.,
Atlanta, GA 30334 -1002, phone (404) 656 -5323, or by fax (404) 656 -5509.
SUBPART E — CERTIFICATION PROCEDURES
SECTION 26.81 UNIFIED CERTIFICATION PROGRAMS.
Page 24 of 36 Version 3 -26 -2012
Augusta, Georgia is a member of a Unified Certification Program (UCP)
administered by the Georgia Department of Transportation (GDOT). GDOT in
collaboration with Metropolitan Atlanta Rapid Transit Commission (MARTA) are
the only agencies within the state which certifies DBE firms. GDOT may certify
any firm doing business in the State of Georgia with the exception of any firm
whose primary line of work falls under the concessionaire category. Firms whose
primary place of business is outside the State of Georgia can be certified provided
that the firm has previously obtained DBE certification from its home state UCP.
The UCP will meet all of the requirements of this section.
SECTION 26.83 - 26.89 PROCEDURES FOR CERTIFICATION DECISION
Augusta, Georgia is a member of a Unified Certification Program (UCP)
administered by the Georgia Department of Transportation (GDOT). The UCP
will meet all of the requirements of this section.
SUBPART F — COMPLIANCE AND ENFORCEMENT
SECTION 26.109 INFORMATION, CONFIDENTIALITY,
COOPERATION.
Page 25 of 36 Version 3 -26 -2012
(a) Augusta, Georgia will safeguard from disclosure to third parties, information
that meets the requirements of confidential business information, as
established by applicable Federal, state, and local law.
(b) Notwithstanding any contrary provision of state or local law, financial
information which is submitted by an applicant for DBE certification will be
kept confidential by Augusta, Georgia and will not be released to any third
party except upon written consent by the party whom the information
pertains; or to transmit information to DOT in the event of an appeal. In
accordance with applicable provisions of Federal, state or local law,
Augusta, Georgia will not release personal financial information submitted
in response to the personal net worth requirement to a third party (other than
DOT) without the written consent of the submitter.
(c) Monitoring Payments to DBEs. Augusta, Georgia will require prime
contractors to maintain records and documents of payments to DBEs for
three years following the performance of the contract. These records will be
made available for inspection upon request by any authorized representative
of Augusta, Georgia or DOT. This reporting requirement will also extend to
any certified DBE subcontractor.
(d) Augusta, Georgia will perform interim audits of contract payments to DBEs.
The audit will review payments to DBE subcontractors to ensure that the
actual amount paid to DBE subcontractors equals or exceeds the dollar
amounts states in the schedule of DBE participation.
SEVERABILITY
Should any section, paragraph, subdivision, clause, phrase, or provision of this
program be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, such declaration shall not affect the validity of this program as a
whole or any part or provisions thereof, other than the part so decided to be invalid
or unconstitutional.
ATTACHMENTS
Attachment 1
Attachment 2
Attachment 3
Organizational Chart
Overall Goal Calculations
Breakout of Estimated Race - Neutral &
Race Conscious Participation
Page 26 of 36 Version 3 -26 -2012
Administrative
Assistant
Organizational Chart
Augusta, Georgia
EEO Director & Director of
Minority & Small Business
[DBE Liaison Officer]
EEO
Coordinator
1
Attachment 1
Admin
Assistant
J
Mayor
Commissioners
DBE
Coordinator
Page 27 of 36 Version 3 -26 -2012
Administrator
N
Deputy Director
Transit Contract
Manager
Transit General
Manager
SECTION 26.45: OVERALL GOAL CALCULATION
(a) Amount of Goal
Attachment 2
This report details the methodology used for establishing the three year (FY 2012-
2014) Overall Disadvantaged Business Enterprise (DBE) Goal for Augusta,
Georgia federally assisted contracts.
Augusta, Georgia has completed its DBE goal setting process for all construction
and professional services projects anticipated for the next three fiscal years (FY
2012- 2014). Pursuant to 49 CFR Part 26, the three year (FY 2012 -2014) goal is
based on the Augusta, Georgia's assessment of the availability of ready, willing
and able DBEs in the local market area relative to all businesses (DBE and Non -
DBE) in the local market area.
Augusta, Georgia is required to review its DBE goal achievement annually even
though the US Department of Transportation recently changed its required
reporting frequency from annually to once every three years. Augusta, Georgia's
annual review determines whether or not the stated DBE goal is currently being
met. If not, an adjustment may be necessary due to unanticipated conditions
impacting the DBE goal's attainment.
(b) Methodology used to Calculate Overall Goal
49 CFR 26.45 requires that the recipient of Department of Transportation (DOT)
funds utilize a two -step process in the development of its overall DBE goal:
Step 1: Calculation of a base figure that represents the availability of DBEs ready,
willing, and able to work on Augusta, Georgia contracts.
Step 2: Adjustment of the base figure so that the final overall goal represents the
amount of participation Augusta, Georgia might expect in the absence of
discrimination or its effects.
Page 28 of 36 Version 3 -26 -2012
Based on this methodology, Augusta Georgia's Overall Goal for the next three
fiscal years (FY 2012 -2014) is for 4.83% of its Federal financial assistance to be
expended in FTA - assisted contracts. Augusta, Georgia anticipates awarding
these contracts between October 1, 2011 and September 30, 2014.
Step 1: Calculation of Base Figure
Determining a base figure for the Augusta, Georgia's three year goal, per 49 CFR
26.45(c) depends upon the relative availability of DBEs within the market area to
perform work on Augusta, Georgia's Capital Improvement Program (CIP)
Projects. A listing of Augusta, Georgia's CIP Projects for the next three fiscal
years is shown in Table 1.
Augusta, Georgia's relevant market area includes Augusta Richmond County and
surrounding counties.
The base figure for the relative availability of DBEs in Augusta, Georgia's relevant
market area was calculated as follows:
Ready, willing, and able DBEs (construction and professional services);
Divided By
All firms ready, willing and able (construction and professional services).
The demonstrable evidence used to determine the numerator, as detailed in Table 2
is the Georgia Unified Certification Program (GUCP) DBE Directory.
The demonstrable evidence used to determine the denominator, as detailed in
Table 2 is the Richmond County general vendor list, U.S. Census Bureau.
A list outlining the required types of services for the above stated projects and the
related NAICS Codes is also included in Table 2.
TABLE 1
Augusta, Georgia's
3 -Year (FY 2012 -2014) Proposed Capital Improvement Program (CIP)
Projects
Project Descriptions
Page 29 of 36 Version 3 -26 -2012
1. Bus Shelters/Benches
2. South Augusta Transfer Facility
3. Administration and Maintenance Building
4. Downtown Transfer Facility
Source: Augusta, Georgia's Transportation Improvement Program
Page 30 of 36 Version 3 -26 -2012
NUMBER
TOTAL. FIR11S
NAICS
IN THE
CODE
MARKET
(denominator)
236220
OF
DEFINITION
AREA
Commercial Construction
NUMBER
DBE FIRMS
THE MARKET
AREA
(numerator)
31
OF
IN
1212
237310
Highway, Street, & Bridge
Construction
44
131
237990
Civil En:ineerin: Construction
9
95
238210
Electrical Contractors
26
122
238110
Concrete Foundation & Structure
Contractors
16
316
238910
Site Pre • aration and Demolition
18
475
541320
Construction Plannin:
10
244
484110
Truckin: Services
132
279
541330
En:ineerin: Services
73
269
541990
Ins. ection Services
20
231
541360
Surve in: and Ma. s in: Services
5
161
541380
Testin: Laboratories
9
62
541490
Pavement Desi :n
5
142
562998
Excavation
5
568
541620
Environmental Consultin:
31
89
541611
Administrative & General
Construction M:mt.
34
945
541614
Construction Schedulin:
8
231
541690
Scientific & Technical Consulting
18
62
Services
TOTALS
273
3004
TABLE 2
Ready, Willing and Able DBEs and
All Firms in Market Area for FY 2012 -2014 CIP Projects
Page 31 of 36 Version 3 -26 -2012
Augusta, Georgia determined the base figure as follows:
The total number of DBE firms in the market area that are "ready, willing, and
able" to perform the required work in the applicable NAICS Codes for Augusta,
Georgia's CIP Projects for FY 2012 -2014 is 509.
The total number of all DBE and non -DBE firms in the market area that are
"ready, willing, and able" to perform the required work, is 3,004 firms. Thus:
DBE firms _ (DBE + non -DBE firms) = Base Figure
223 _ 3004 = 7.42% (rounded)
Therefore, the base figure for the Augusta, Georgia's anticipated DBE
participation is 7.42 %.
Step 2: Adjustment of Base Figure
TABLE 3
49 CFR 26.45(d) requires that additional evidence, if available in Augusta,
Georgia's jurisdiction, be considered to determine if any base figure adjustment is
necessary to arrive at the overall goal. However, the regulations do not indicate a
specific base figure adjustment methodology, but they suggest consideration of the
following factors: current capacity of DBEs measured by the volume of past work;
evidence from a disparity study not included in the calculation of the base figure;
data on employment, self - employment, education, training, and union
apprenticeship; ability of DBEs to get bonding and financing; and, any other
relevant data.
Augusta, Georgia evaluated the current capacity of DBEs to perform the required
work in relation to the volume of work DBEs performed in recent years. Augusta,
Georgia examined its overall DBE participation during the past four (4) fiscal
years (FY 2006 - 2009). Table 3 below reflects the data used to determine the base
figure adjustment.
Au usta, Geor. ' ia's DBE Partici ' ation for FY 2006 -2009
REPORT PERIOD DBE GOAL %
TOTAL DBE%
PARTICIPATION ON
CLOSED PROJECTS
(rounded)
FY 2006
4.20
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4.11
FY 2007 1.46
FY 2008 1.90
FY 2009 1.90
Average per period 2.36
Public Participation
Page 33 of 36 Version 3 -26 -2012
4.20
2.83
As detailed in Table 3, the average DBE participation rate for the periods during
which there was reported DOT - funded activity is 20 %. To adjust the base figure,
the 20% average percentage of historical DBE participation was averaged with the
15% base figure:
(Base figure % + average DBE % participation) _ 2 = Overall DBE Goal
(7.42 + 2.25) _ 2 = 4.83 (rounded)
Augusta, Georgia believes that DBE capacity currently exists to perform work in
our FTA - assisted contracting program at the adjusted percentage level.
Therefore, Augusta, Georgia's overall DBE goal for Fiscal Years 2012 -2014 is
4.83%.
Augusta, Georgia published Augusta's goal information in the following
publications: Augusta Chronicle and Metro Courier
We received comments from individuals or organizations: None
Summaries of these comments are as follows: None
Augusta's responses to these comments are: None
Attachment 3
SECTION 26.51: BREAKOUT OF ESTIMATED RACE- NEUTRAL &
RACE CONSCIOUS PARTICIPATION
This year, Augusta, Georgia estimates that in meeting the overall proposed goal for
DBE participation will be race - neutral participation. Currently, the projected
projects status has not evolved to report race - neutral or race conscious percentage.
In order to ensure that our DBE program will be narrowly tailored to overcome the
effects of discrimination, as the year progresses, we will adjust the estimated
breakout of race - neutral and race - conscious participation as needed to reflect actual
DBE participation and we will track and report race - neutral and race conscious
participation separately.
August, Georgia uses the following, but not limited to, race - neutral means to
increase DBE participation:
• Arrange solicitations, pre -bid meeting times, bid opening times, etc. in
ways that accommodate DBE and other small business owners' schedules.
• Advertise in local and regional plan rooms for large dollar and construction
projects.
• Ensure adequate distribution of DBE directory.
• Provide procurement assistance to all potential bidders as needed.
• Provide DBE directory or directory web site to all potential bidders (e.g.,
contractors).
• Attend all pre -bid, pre- solicitation meeting to assist potential bidders with
DBE guidance.
For reporting purposes, race - neutral DBE participation includes, but is not
necessarily limited to the following: DBE participation through a prime contract a
DBE obtains through customer competitive procurement procedures; DBE
participation through a subcontract on a prime contract that does not carry a DBE
goal; DBE participation on a prime contract exceeding a contract goal; and DBE
participation through a subcontract from prime contractor that did not consider a
firm's DBE status in making the award.
For reporting purposes, race - neutral DBE participation includes, but is not
necessarily limited to, the following:
• DBE participation through a prime contract a DBE obtains through
customary competitive procurement procedures;
Page 34 of 36 Version 3 -26 -2012
• DBE participation through a subcontract on a prime contract that does not
carry a DBE goal;
• DBE participation on a prime contract exceeding a contract goal; and
• DBE participation through a subcontract from a prime contractor that did not
consider a firm's DBE status in making the award.
Page 35 of 36 Version 3 -26 -2012
A
t
APPENDIX
Resources used for this Report including the following:
1. Georgia Unified Certification Program (GUCP) DBE Directory
2. FY 2006 — FY 2009 Uniform Report of DBE Awards of Commitments
and Payments (AIP DBE Accomplishments Reports)
3. FY 2010 Augusta, Georgia's 5 -Year Capital Improvement Program (CIP)
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