INDOT Proposed Disadvantaged Business Enterprise (DBE) Goal
FFY 2014-2016
Public Comment Outreach Meeting
June 28, 2013
Regulatory Overview
FFY 2014-2016 Proposed DBE
Goal
New Goal Submission Schedule
Base Figure – 49 CFR 26.45(c)
Adjustments – 49 CFR 26.45(d)
Race Neutral Projection – 49 CFR
26.45(f)
FFY 2014-2016 Proposed DBE
Goal 49 CFR 26.45(a): INDOT must develop an overall goal for
DBE participation on federal contracts. 49 CFR 26.51(d):
INDOT must set goals on enough individual contracts to cumulatively achieve the overall DBE goal.
Race-Conscious: DBE activity to achieve contract goals
Race-Neutral: DBE activity due to “customary competitive procurement procedures” not related to contract goals.
Overall Goal
49 CFR 26.45(b): Goal must be based on demonstrable
evidence of the availability of ready, willing, and able DBEs.
Goal should represent the “level of DBE participation you would expect absent the effects of discrimination.”
New Goal Submission Schedule
49 CFR 26.45(f)(1): States must submit proposed Goal at
three-year intervals. INDOT must request FHWA approval for
any significant adjustment to the Goal during the three-year period based on changed circumstances.
Base Figure Methods 49 CFR 26.45(c):
DBE Directories and Census Data Method
Bidder List Method Disparity Study Method Other Recipients Base Figure Method Alternative Method
2014-2016 Base Figure INDOT’s Method: Disparity Study Utilized the 2010 DBE Disparity
Study Database “As recommended by the USDOT, the
Disparity Study incorporates the practices of disaggregating data, weighting data, and including potential DBE’s to derive an availability estimate of 12.40%.”
Adjustments 49 CFR 26.45(d):
INDOT must examine all available evidence and determine what adjustments, if any, are necessary.
Goal of adjustment: To fine-tune the base figure to reflect the
percentage of work that DBE’s are likely to obtain absent discrimination.*
*”Tips for Goal-setting in the Disadvantaged Business Enterprise (DBE) Program,” DOT OSBDU, http://osdbu.dot.gov/DBEProgram/tips.cfm
INDOT Adjustment Analysis Median Past
Participation (MPP) DBE
participation data (2010-2012)
MPP Figure is 6.56%
Bidders List (BL) Businesses that
have bid or quoted on federal-assisted contracts in the past year.
BL Figure is 11.45%
Final Adjustments Average the Base Figure, MPP, & BL
(Base Figure [12.40%] + MPP [6.56%] + BL [11.45%])/3 = 10.14%
If adjustment considerations suggest similar levels to the Base Figure, then it is not necessary to make any adjustments.*
In accordance with the Tips for Goal-Setting in the Disadvantaged Business Enterprises (DBE) Program published by the U.S. Department of Transportation, INDOT determined that an adjustment to the Base Figure was not warranted.*”Tips for Goal-setting in the Disadvantaged Business Enterprise (DBE) Program,” DOT OSBDU, http://osdbu.dot.gov/DBEProgram/tips.cfm
Race-Neutral Projection 49 CFR 26.45(f)
INDOT must meet the maximum feasible portion of its overall goal through race-neutral means.
INDOT must project how much of the overall goal it expects to meet through race-neutral participation.
Race-Neutral Projection
Median Past Race-Neutral Participation Based on federal-aid contracts closed
during calendar years 2010-2012. Median Rate is 4.89%
Thus, INDOT projects it shall meet 4.89% of it’s overall DBE goal through race-neutral measures and 7.51% through race-conscious measures.
Overall DBE Goal
Overall DBE Goal (12.40%)0
2
4
6
8
10
12
14
7.51%
4.89%
Race-NeutralRace-Conscious
Public Comment Period 49 CFR 26.45(g)(2)
INDOT must solicit and accept public comments for forty-five (45) days following the first publication of its Proposed Goal Notice.
Please submit public comments in writing to INDOT by July 24, 2013.
Thanks for Coming! Contact information:
Heather Kennedy Phone: (317) 234-8008 Email: [email protected]
David Alyea Phone: (317) 234-7843 Email: [email protected]
Top Related