1. Liz Healas, DBE Program Coordinator Idaho Transportation Department DBE Program Requirements on Federal-Aid Projects

2. What OCR Tracks & Why  Bidders Registration  Information required by federal regulation  Gives us information on available bidding pool to develop DBE goal methodology  Federal-Aid Contracting & Payment Activity  Federal requirement for prompt payment  109.05 in Standard Specs for Hwy Construction  Tells us how much $$$ goes to DBE firms  ITD must meet annual participation goal with FHWA  Mandatory 6-month reporting to FHWA on commitments, payments & contract close-outs All these functions now consolidated into new online ITD Diversity Management System (B2GNow)

3. Quick Overview The DBE Program …  Federal Program (USDOT) administered by state transportation agencies & other direct federal-aid recipients  Counties, Cities, Airports, Transit Authorities, etc.  Applies to all transportation modes  Highway, Aviation & Transit

4. Brief History  1980: Began as MBE program under Title VI  1983: Got its own statutory provision & was signed into law by President Reagan  At least 10% of federal-aid contracting $$ had to be expended on DBEs  1987: Expanded to include WBEs  1999: Supreme Court directed “narrow tailoring” of goals

5. Why Have a DBE Program?  The DBE Program is USDOT’s most important tool for ensuring that firms competing for USDOT-assisted contracts are not disadvantaged by unlawful discrimination.  Bottom Line: a condition for receiving federal transportation funding

6. Now, the Essentials … What is a DBE? A Disadvantaged Business Enterprise (DBE) is a small, for-profit business concern that is at least 51% owned & controlled by socially & economically disadvantaged individuals

7. DBE Program Components  Help remove barriers to DBE working on USDOT-assisted projects  Establishing goals for federal-aid projects  Overall Annual Participation Goal (APG)  Project Goals (when applicable)  Ensure only firms meeting eligibility standards can participate as DBE s  ITD handles all certification in Idaho under Unified Certification Program (UCP) Agreement  DBE Directory is at https://itd.dbesystem.comhttps://itd.dbesystem.com

8. DBE Program Components  Contract Administration  DBE Special Provisions  Prime Contractor Compliance  Prompt Payment  DBEs must perform “CUFs”  CUF On-sites performed by ITD District Staff  Federal Oversight & Reporting (FTA, FHWA, FAA)  DBE Commitments/Awards & Payments, every 6 months  Audits/Reviews

9. What Happened to Project Goals?  9th Circuit Court of Appeals decision in 2005  DBE Program not “narrowly tailored”  States must produce evidence to support goal-setting  USDOT instructed western states justify project goal-setting with disparity studies  Idaho’s DBE Program “race/gender-neutral” since January 2006

10. “Race/Gender-Neutral”  “Neutral” = no individual DBE project goals  Usage of DBEs is voluntary  Primes must still provide equal opportunity  ITD still must meet overall APG  FHWA FFY15-17 APG for FAA is 0%  FHWA FFY15-17 APG for FTA is 7%  FHWA FFY14-16 APG for FWA is 7.6%  Disparity Study Update in 2016

11. DBE Utilization *FFY05: Last Year of Project Goals **FFY06: Race/Gender-Neutral Program

12. Today’s Takeways  New System will give us real-time data  Accurate Reporting to FHWA on DBE Commitments/Payment/Attainment  Will capture low-tiers & suppliers  Primes must ensure these companies are on Bidders List  Primes can monitor own DBE participation  Provide valuable info on bidding pool for goal- setting methodology  Meets Federal Requirements for Prompt Payment

13. Questions Afterwards? Liz Healas, DBE Program Coordinator (208) 334-8567 elizabeth.healas@itd.idaho.gov elizabeth.healas@itd.idaho.gov Visit us online at: www.itd.idaho.gov/ocr/index.aspx www.itd.idaho.gov/ocr/index.aspx Contact us if you’d like to be on our newsletter emailing list.

14. Liz Healas, DBE Program Coordinator Idaho Transportation Department EEO and Title VI Idaho Transportation Department Russ Rivera Civil Rights Contract Compliance Officer Idaho Transportation Department

16. “A great Place to Raise a Family” 8 th Safest State 60,000 Miles of Road 4,000 Bridges 185 Sub-recipient agencies Construction contractors 1.6 Million People

17. EEO CCO EEO Special Provision Job Boards Advertisement Onsite Reviews Training Special Provision OJT/SS – Apprenticeship Programs TERO Special Provision

18. Title VI

19. “Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial discrimination” John F. Kennedy

20. 42 US Code 2000 No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

21. ITD Title VI Policy Race, Color, National Origin Sex Age Disability English Speaking Proficiency Income Status

23. Case Studies

24. Russ Rivera Civil Rights Compliance Officer Idaho Transportation Department (208) 334-8152 Russ.Rivera@ITD.Idaho.Gov