1. Disadvantaged Business Enterprise Supportive Services (DBE
Disadvantaged Business Enterprise Supportive Services (DBE.SS) Program & Best Practices
Tuesday, May 8, 2018
2018 AASTHO Conference
Oklahoma City, OK

2. Building Capacity for DBEs
Today’s Agenda 1
Purpose of the DBE.SS Program 2
DBE.SS Program Structure 3
Types of Services/Programs
Building Capacity for DBEs 4
Pilot Performance Measures 5
Best/Commendable Practices 6
FAQs/Roundtable/Open Discussion

3. Purpose of the DBE.SS Program 23 U.S.C. 140 (c)
To provide training, assistance, and services to DBE firms certified in the DBE Program to increase their activity within the program, and to facilitate the firms’ development into viable, self-sufficient businesses capable of competing for and performing on Federally-assisted highway projects.

4. Program Structure Requirements: A detailed Statement of Work (SOW)
Defined activities/performance measures
Budget sheet (2 CFR 200): allowable expenses
Business Development Program (BDP)
To evaluate and provide a structured process for DBEs to receive firm-specific training and technical assistance.

5. Types of Services
Identification, prequalification, and certification assistance
Technical Skills (i.e. estimating, bidding, etc.)
Long-term business management, recordkeeping, and financial accounting capabilities
Bonding and financial assistance

6. Types of DBE.SS Program In-House Services Consultant (s) Hybrid
formal advertising is not required by FHWA; however, the State DOT shall solicit proposals from such qualified sources as will assure the competitive nature of the procurement.
Hybrid
The evaluation of proposals by the State highway agency must include consideration of the proposer's ability to effect a productive relationship with majority and minority contractors, contractors' associations, minority groups, and other persons or organizations whose cooperation and assistance will increase the opportunities for minority business enterprises to compete for and perform contracts and subcontracts.
In the selection of contractors to perform supportive services, State highway agencies shall make conscientious efforts to search out, and utilize the services of qualified minority or women organizations, or minority or women enterprises.

7. Bonus: Contract Provisions (as a minimum)
Statements:
A primary purpose of the supportive services is to increase the total number of minority firms participating in the Federal-aid highway program and to contribute to the growth and eventual self-sufficiency of minority firms;
Supportive services shall be provided only to those minority business enterprises determined to be eligible for participation in the Federal-aid highway program in accordance with 49 CFR part 23 and have a work specialty related to the highway construction industry;
Services to be provided under the contract, such as technical assistance, managerial assistance, counseling, certification assistance, and follow-up procedures as set forth in § (b) of this part;
The nondiscrimination provisions required by Title VI of the Civil Rights Act of 1964 as set forth in Form FHWA-1273, Required Contract Provisions, Federal-Aid Construction Contracts,1 and a statement of nondiscrimination in employment because of race, color, religion, sex, or national origin;
The establishment of a definite period of contract performance together with, if appropriate, a schedule stating when specific supportive services are to be provided;

8. Bonus: Contract Provisions con’t (as a minimum)
Monthly or quarterly reports to the State highway agency containing sufficient data and narrative content to enable evaluation of both progress and problems;
The basis of payment;
An estimated schedule for expenditures;
The right of access to records and the right to audit shall be granted to authorize State highway agency and FHWA officials;
Noncollusion certification;
A requirement that the contractor provide all information necessary to support progress payments if such are provided for in the contract; and
A termination clause.

9. DBE.SS National Performance Measures Pilot
Categories:
Increased Participation of DBEs
Increased Pool of DBEs
Services Provided
Business Development Program (BDP)
Financial Management: Cost Effectiveness and Internal Controls
Pilot States: Florida, Illinois, Iowa, Virginia, Indiana, Arizona, Missouri, Kansas, Kentucky, DC, Alaska, Ohio & Montana

10. Best/Commendable Practices
Needs Assessment (i.e. prime contractors, DBEs)
A supportive Services Program is linked to current and future federal-aid highway projects
Inter-agency agreements to leverage/maximize resources (i.e. educational institutions)
Statewide approach programs
Pay for Performance Concept
Program curriculum for participants
Survey stakeholders to create services

11. Frequently Asked Questions (FAQ)
Yes –but the program cannot be part of someone’s collateral duties
Can DBE.SS funds be used to fund a state employee’s salary? No
Can DBE.SS funds be used to train the State DOT DBE.SS Program Coordinator?
Should be part of needs assessment/services offered
What about DBE consultants?
Up to 2yrs – if funding is available.
Are options to renew allowed?

12. Roundtable Discussion
1. What should success look in the DBE.SS Program? 2. DBE.SS Program Lessons Learned/Best Practices 3. What are the current barriers to DBE firms?

13. Questions Tracy Duval DBE.SS Program Coordinator/Program Analyst
DBE & Contractor Compliance Team
Federal Highway Administration
Office of Civil Rights
Phone: