tdot civil rights office small business development program
TRANSCRIPT
TDOTTDOTCivil Rights OfficeCivil Rights Office
Small BusinessSmall BusinessDevelopment Development
ProgramProgram
The DBE program is intended The DBE program is intended to remedy past and current to remedy past and current discrimination against discrimination against disadvantaged business disadvantaged business enterprises, to ensure a “level enterprises, to ensure a “level playing field,” on which DBEs playing field,” on which DBEs can compete fairly for can compete fairly for contracts.contracts.
Statement of CommitmentStatement of Commitment
What is the program?What is the program?This program was developed by the This program was developed by the Federal Highway Administration and Federal Highway Administration and is administered by the Tennessee is administered by the Tennessee Department of Transportation Civil Department of Transportation Civil Rights Office Small Business Rights Office Small Business Development Program to encourage Development Program to encourage minority, female and other minority, female and other disadvantaged firms to work in the disadvantaged firms to work in the highway/bridge industry. Both state highway/bridge industry. Both state and federal construction projects and federal construction projects and monies are included in it. and monies are included in it.
DBE ProgramDBE Program
Owners must possess the expertise to control the daily operations Owners must possess the expertise to control the daily operations and management of the firm.and management of the firm.
Owners must be able to show ownership of at least 51% of the firm Owners must be able to show ownership of at least 51% of the firm through real and substantial investments of capitalthrough real and substantial investments of capital . .
Owners’ net worth must not exceed $750,000. (excluding personal residence Owners’ net worth must not exceed $750,000. (excluding personal residence and stock/ownership in the potential DBE firm).and stock/ownership in the potential DBE firm).
Call the Small Business Development Program in Nashville at (615) 741-3681 Call the Small Business Development Program in Nashville at (615) 741-3681 or 1-888-370-3647 for further information or check our web-siteor 1-888-370-3647 for further information or check our web-site @: @: www.tdot.state.tn.us/civil-rights/smallbusiness/
Who can qualify as a DBE?Who can qualify as a DBE?
DBE Ethnic ClassificationsDBE Ethnic ClassificationsMBEMBE Minority Male Business EnterpriseMinority Male Business Enterprise
MFBEMFBE Minority Female Business EnterpriseMinority Female Business Enterprise
AIAAIA Asian Indian AmericanAsian Indian American
APAAPA Asian Pacific AmericanAsian Pacific American
BABA Black AmericanBlack American
HAHA Hispanic AmericanHispanic American
NANA Native AmericanNative American
WFBEWFBE White Female Business EnterpriseWhite Female Business Enterprise
Distribution of All DBEs by Distribution of All DBEs by RegionRegion
RegionRegion Geographic AreaGeographic AreaNumber of Number of
DBEsDBEsPercent of Percent of
DBEsDBEs
II Knoxville and Upper East TennesseeKnoxville and Upper East Tennessee 3737 14%14%
IIII Chattanooga and Southeast TennesseeChattanooga and Southeast Tennessee 2626 10%10%
IIIIII Nashville and Middle TennesseeNashville and Middle Tennessee 5151 20%20%
IVIV Memphis and West TennesseeMemphis and West Tennessee 4444 17%17%
N/AN/A Out of StateOut of State 9999 39%39%
Region IV30%
Region III22%
Region II10%
Region I8%Out of State
30%
Region I
Region II
Region III
Region IV
Out of State
17%9%
37%36% % of Instate
Contractors
% of InstateConsultants
% of InstateSuppliers
% of InstateOther
DBE Breakout By CategoryDBE Breakout By Category
Commercially Useful Function Commercially Useful Function (CUF)(CUF)
Expectations of State DBE ProgramExpectations of State DBE Program
1.1. Definition of CUF, is that the Definition of CUF, is that the DBE is responsible for the DBE is responsible for the execution of the work where the execution of the work where the DBE manages, supervises, DBE manages, supervises, obtains the materials, and obtains the materials, and performs the work items with performs the work items with his/her own forces.his/her own forces.
Commercially Useful Function Commercially Useful Function Cont’dCont’d
2.2. If a DBE is found not to be If a DBE is found not to be performing a CUF, no credit toward performing a CUF, no credit toward the prime’s DBE goal for that work the prime’s DBE goal for that work will be credited.will be credited.
3.3. No sharing of resources, i.e., No sharing of resources, i.e., equipment, employees, etc., should equipment, employees, etc., should be allowed without prior approval be allowed without prior approval of the awarding authority.of the awarding authority.
Commercially Useful Function Commercially Useful Function Cont’dCont’d4.4. If the DBE is If the DBE is
performing according to performing according to “industry practice” “industry practice” which conflicts with the which conflicts with the DBE program DBE program requirements, the DBE requirements, the DBE program requirements program requirements prevails.prevails.
Monitoring ResponsibilitiesMonitoring Responsibilities
Prime contractors have an Prime contractors have an obligation to make every effort in obligation to make every effort in complying w/ intent when awarded complying w/ intent when awarded goal projects.goal projects.
TDOT Project Engineers, in TDOT Project Engineers, in addition to assigned addition to assigned responsibilities from the Region, responsibilities from the Region, monitor CUF functions and other monitor CUF functions and other DBE matters.DBE matters.
Monitoring Responsibilities Monitoring Responsibilities
Cont’dCont’d SP 1247: Requires contractors to make an SP 1247: Requires contractors to make an effort to use DBEs for subcontracts or effort to use DBEs for subcontracts or suppliers on federal-aid contracts. TDOT suppliers on federal-aid contracts. TDOT tracks usage & reports to FHWA & the tracks usage & reports to FHWA & the Commissioner.Commissioner.
In the event a CUF issue occurs, the In the event a CUF issue occurs, the Regional Project Engineer must contact Regional Project Engineer must contact the Regional Contract Compliance Officer the Regional Contract Compliance Officer immediately to ensure the problem comes immediately to ensure the problem comes to a prompt resolution.to a prompt resolution.
Monitoring Responsibilities Monitoring Responsibilities Cont’d Cont’d
Replacement: A DBE can Replacement: A DBE can only be replaced w/ approval only be replaced w/ approval from the Civil Rights Office from the Civil Rights Office SBDP. A letter, from the SBDP. A letter, from the prime, should be written prime, should be written stating: reason for stating: reason for replacement, company they replacement, company they wish to use, & if company’s wish to use, & if company’s not a DBE, the good faith not a DBE, the good faith effort used in finding DBE as effort used in finding DBE as substitute.substitute.
TDOT’s Special Provision (SP) 1247 requires contractors to make an TDOT’s Special Provision (SP) 1247 requires contractors to make an effort to use DBEs for subcontracts or suppliers on federal-aid effort to use DBEs for subcontracts or suppliers on federal-aid contracts. TDOT tracks usage & reports to Federal Highway contracts. TDOT tracks usage & reports to Federal Highway Administration (FHWA) & the Commissioner of TDOT. Prime Administration (FHWA) & the Commissioner of TDOT. Prime contractors have an obligation to make every effort in complying w/ contractors have an obligation to make every effort in complying w/ intent whenintent when awarded goal projects.awarded goal projects.
Posted on the Civil Right’s Small Business Development Posted on the Civil Right’s Small Business Development Program’s website @:Program’s website @:
www.tdot.state.tn.us/civilrights/smallbusiness/docs/SP1247.pdfwww.tdot.state.tn.us/civilrights/smallbusiness/docs/SP1247.pdf(It can be made available for those that do not have Internet access)
How To Comply With DBE How To Comply With DBE Utilization RequirementsUtilization Requirements
DBE Highway & BridgeDBE Highway & BridgeConstruction Work AreasConstruction Work Areas
• Paving• Concrete Construction:
Reinforcement Steel• Specialty Items: Guardrail & Fence Placement
Pavement Scoring• Earthwork Services• Drainage:
Placement of Lateral Underdrains & Catchbasins• Consultants• Suppliers• Professional Services
TDOT’s FFY 2009 DBE Goal TDOT’s FFY 2009 DBE Goal ProjectionProjection
GoalGoal
Race ConsciousRace Conscious
4.49%4.49%
(Department Requiring (Department Requiring Contractor Utilize DBE Contractor Utilize DBE
Participation)Participation)
Non-GoalNon-Goal
Race NeutralRace Neutral
2.78%2.78%
(Contractor Selects DBE (Contractor Selects DBE Participation)Participation)
* Combination Of DBE Goals Set On Individual Construction Projects By SBDP & Construction Staff For * Combination Of DBE Goals Set On Individual Construction Projects By SBDP & Construction Staff For Entire Federal Fiscal Year (October – September)Entire Federal Fiscal Year (October – September)
Right-Of-WayRight-Of-Way
PlanningPlanning
EnvironmentalEnvironmental
DesignDesign
ConstructionConstruction
Goal: 7.27%*Goal: 7.27%*
Small Business Development Small Business Development Program Organizational ChartProgram Organizational Chart
Cammie Davenport WoodleExecutive Director
David NeeseBGP Mgr/SBD Coordinator
Deborah LuterDirector
Ross WebbCertification Contract Compliance Officer
Virgil White OwlDBE Contract Compliance Officer
Business Resource Group, LLC.Supportive Services
Sherri MaysContract Compliance Officer
Stephanie BrooksContract Compliance Officer
Cheryl HarlestonAdministrative Secretary
Should you have any questions/concerns Should you have any questions/concerns regarding the DBE Program or issues regarding the DBE Program or issues regarding DBEs on projects, you may regarding DBEs on projects, you may
contact:contact:
Deborah LuterDeborah LuterSmall Business Development Program Small Business Development Program
DirectorDirector
(888) 370-3647 Toll Free(888) 370-3647 Toll Free(615) 741-3681 Phone(615) 741-3681 Phone
(615) 741-3169 Fax(615) 741-3169 Fax
[email protected]@state.tn.us