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«FY 2015 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM Draft July 1, 2014 POLICY STATEMENT Section 26.1, 26.23 Objectives/Policy Statement Butler ...»

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Draft July 1, 2014


Section 26.1, 26.23 Objectives/Policy Statement

Butler Transit Authority (BTA) has established a Disadvantaged Business Enterprise (DBE)

program in accordance with regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. BTA has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, BTA has signed an assurance that it will comply with 49 CFR Part 26.

It is the policy of BTA to ensure that DBE’s as defined in Part 26, have an equal opportunity to

receive and participate in USDOT-assisted contracts. It is also BTA’s policy:

1. To ensure nondiscrimination in the award and administration of USDOT-assisted contracts;

2. To create a level playing field on which DBE’s can compete fairly for USDOT-assisted contracts;

3. To ensure that the DBE Program is narrowly tailored in accordance was been with applicable law;

4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBE’s;

5. To help remove barriers to the participation of DBE’s in USDOT-assisted contracts;

6. To assist the development of firms that can compete successfully in the market place outside the DBE Program.

The Executive Director has been delegated as the DBE Liaison Officer. In that capacity, the Executive Director 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 Butler Transit Authority its financial assistance agreements with the U.S. Department of Transportation.

Butler Transit Authority has disseminated this policy statement to the Butler Transit Authority Board of Directors and all of the components of its organization. BTA has distributed this statement to DBE and non-DBE business communities that perform work for BTA on USDOT-assisted contracts.

This information is provided when advertising or contracting for services.

___________________________________________ _____________________

John H. Paul, Executive Director Date 1


Objectives (§26.1, §26.23) The objectives are found in the policy statement on page 1 of this program.

Applicability (§26.3) Butler Transit Authority (BTA) is the recipient of federal transit funds authorized by Titles I, III, V, and VI of Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, or by Federal transit laws in Title 49, U.S. Code, or Titles I, II, and V of the Transportation Equity Act for the 21st Century (TEA-21), Pub. L. 105-178.

Definitions (§26.5) Butler Transit Authority will adopt the definitions contained in Section 26.5 of Part 26 for this Program.

Nondiscrimination (§26.7) Butler Transit Authority (BTA) 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, BTA 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.

Record Keeping Requirements (§26.11) Uniform Report of DBE Awards or Commitments and Payments: 26.11(a) BTA will report DBE participation to the Federal Transit Administration using the Uniform Report of DBE Awards or Commitments and Payments, found in Appendix B to the DBE regulation.

Bidders List: 26.11(c) BTA will create a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on USDOT-assisted contracts. The purpose of this requirement is to allow use of the bidder list approach to calculating overall goals. The bidders list will include the name, address, DBE/nonDBE status, age, and gross receipts of firms.

2BTA will collect this information in the following ways:

1. A contract clause requiring prime bidders to report the names/addresses, and possibly other information, of all firms who quote to them on subcontracts.

2. A notice in solicitations, or otherwise widely disseminated, request to firms quoting on subcontracts to report information directly to the recipient.

Assurances (§26.13) BTA has signed the following assurances, applicable to all DOT-assisted contracts and their


Federal Financial Assistance Agreement Assurance: 26.13(a) BTA shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT 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 USDOT assisted contracts. The recipient’s DBE Program, as required by 49 CFR Part 26 and as approved by USDOT, 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 the BTA of its failure to carry out its approved program, the Department may impose sanctions 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.).

Contract Assurance: 26.13(b) BTA will assure that the following clause is placed verbatim in every USDOT-assisted contract and


The contractor, sub-recipient, or sub-contractor 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 USDOT-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.

–  –  –

Since BTA has received a grant of $250,000 or more in FTA planning, capital, and/or operating assistance in a federal fiscal year, BTA will continue to carry out this program until all funds from

–  –  –

In this capacity, the Executive Director is responsible for implementing all aspects of the DBE program and ensuring that BTA complies with all provisions of 49 CFR Part 26. The Executive Director is empowered by the board of directors to implement the BTA’s DBE program. An organization chart displaying the DBELO’s position in the organization is found in Attachment A to this program.

The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. Duties and responsibilities include the following

1. Gathers and reports statistical data and other information as required by USDOT.

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) and monitors results.

6. Analyzes BTA’s progress toward goal attainment and identifies ways to improve progress.

7. Participates in pre-bid meetings.

8. Advises the Board of Directors on DBE matters and achievement.

9. Participates with the legal counsel to determine contractor compliance with good faith efforts.

10. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance.

11. Participates in DBE training seminars.

12. Acts as liaison to the Uniform Certification Process in Pennsylvania

13. Provides outreach to DBEs and community organizations to advise them of opportunities.

DBE Financial Institutions (§26.27)

It is the policy of BTA 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 USDOTassisted contracts to make use of these institutions. There are no known DBE financial institutions in the community.

–  –  –

Prompt Payment: 26.29(a)

BTA will include the following clause in each USDOT-assisted prime contract:

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from BTA.

Retainage: 26.29(b) The prime contractor agrees to return retainage payments to each subcontractor within thirty (30) 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 BTA. This clause applies to both DBE and non-DBE subcontractors.

Monitoring and Enforcement: 26.29(d)

BTA will require prime contractors to maintain records and documents of payments to subcontractors, including DBEs for three years following the performance of the contract.

These records will be required to be made available for inspection upon request by any authorized representative of BTA or USDOT. This reporting requirement also extends to any certified DBE subcontractor.

BTA will perform interim audits of contract payments to subcontractors, including 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 stated in the schedule of DBE participation.

For all capital projects BTA uses construction management services from an independent company that verifies all contract compliance and timely payment verifications.

Directory (§26.31) BTA utilizes the Pennsylvania Department of Transportation Disadvantaged Business Enterprise Directory. The directory lists the firm’s name, address, phone number, date of most recent certification, and the type of work the firm has been certified to perform as a DBE. The directory is revised annually and updated throughout the year when new DBE firms are added. Contact information for the Pennsylvania Department of Transportation Unified Certification Program is as


PA Department of Transportation P.O. Box 3251 Harrisburg, PA 17105-3251 717-787-5891 717-772-4026 (Fax) penndotucpinfo@state.pa.us 5 Over-concentration (§26.33) BTA has not identified an over-concentration of DBE’s in any type of work within the region.

Business Development Programs (§26.35) BTA has not established a business development program.

Monitoring and Enforcement Mechanisms (§26.37) BTA will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26.

1. BTA will bring to the attention of the United States Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that USDOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the USDOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in §26.109.

2. BTA will consider similar action under its own legal authorities, including responsibility determinations in future contracts.

3. BTA will also provide a monitoring and enforcement mechanism to verify that work committed to DBE’s at contract award is actually performed by the DBE’s. For all capital projects BTA uses Construction Management services from an independent company that verifies all contract compliance and timely payment verifications.

4. BTA will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award.

Small Business Participation (§26.39) BTA has incorporated the following non-discriminatory element to its DBE program, in order to facilitate competition on USDOT-assisted public works projects by small business concerns (both DBE and non-DBE small businesses).

A. Objective Recognizing that the DBE Program goals should be met through a mixture of race conscious and race neutral methods and, that by definition, DBE firms are small businesses, BTA will implement a small business element into its DBE policy in accordance with applicable law. This element is being included to facilitate competition by and expand opportunities for small businesses. BTA 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. BTA will meet its

objectives using a combination of the following methods and strategies:

6B. Small Business Strategies

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