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Disadvantaged Business Enterprise April 26, 2012
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Disadvantaged Business Enterprise (DBE) Special Provision/Consolidated Form Training April 26, 2012 http://www.dot.state.mn.us/civilrights/
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Overview of DBE Program DBE Special Provisions Evaluation Data Certificate of Good Faith Efforts Consolidated From (GFE form) Questions and Answers OUTLINE OF TRAINING CONTENT
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Remedy Past & Current Discrimination; Ensure Non-Discrimination; Meet Current Legal Standards; Respond to Congress & Public Improve Program Administration Intent of DBE Program (49 CFR 26)
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Federal Highway Administration (FHWA) Federal Transit Administration (FTA) Federal Aviation Administration (FAA) Includes Territories and Possessions 26.3 Application
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Minnesota Unified Certification Program Committee Minnesota Department of Transportation (Mn/DOT) Metropolitan Council (MET) Metropolitan Airports Commissioner (MAC) Minnesota Certification Application Committee (CAC) Meets every two weeks Minnesota Contract Administration
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New Three Year State Goal Submittals – Mn/DOT 2012 Two Step Process – Submission Must Include Methodology and Documented Evidence Used Public Participation Required in Establishing the Overall Goal DBE and Good Faith Efforts Project Team exploring Open Project Goal Review Options Minnesota Overall Goal – 8.7%
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Project Goals are set by analyzing: 1. Project Size and Scope of Work 2. Location of Project 3. DBE Availability 4. Other Relevant Factors Project Goals
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Formed by Mn/DOT in December of 2008 Collaborative Mission – “have the contractors and workforce participation within the Minnesota transportation industry reflect the demographics of the State of Minnesota” Eleven Project Teams – DBE and Good Faith Effort Project Team – Many Stakeholders have had input into the Development of new DBE Special Provision DBE and Workforce Development Collaborative
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90 Contracts received in OCR/DBE Section for review 47 Contracts Exceeded the DBE Goal Set for the project 18 Contracts Met the DBE Goal Set for the project 21 Contracts were cleared on Good Faith Efforts 3 Contracts were concluded non-responsible by OCR and were afforded a Reconsideration Hearing 1 Contract was concluded non-responsible by OCR and notified the apparent low bidder of their right to be afforded a Reconsideration Hearing however, no Reconsideration Hearing was requested. DBE Special Provisions Evaluation Period as of 4/17/2012
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Hired two DBE Specialists and one Veteran Specialist to work on contract clearances and two temporary DBE Specialists to assist with processing DBE applications; Hired an Assistant Office Director to assist in operations of the Office and to manage the development of other programs; DBE goals approved by the Director and Deputy Director of Civil Rights; Continued Process Improvement
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Researched program areas to outsource while retaining the regulatory function in the DBE Section; Realigned DBE Specialist priorities and adjustment of workload assignments; Regionalized DBE staff for a greater understanding of market segmentation in the State Continuous Process Improvement
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If the Director determines that the ALB failed to make adequate GFE, the ALB may request an administrative reconsideration. ALB must request in writing Requests must be made by 5 th business day to Deputy Commissioner Meet with Reconsideration Officials/Panel Provide written documentation or argument Administrative Reconsideration
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Section Supervisor: Ashanti Payne North Region (Districts 1, 2, 3, and 4) – Cole Busch South Region (Districts 6,7 and 8) – Sheila Scott West Metro Region – Igbal Mohammad Terrina White-Vasser East Metro/Transit Projects – Andrea Robinson Veterans Preference Program – Vacant MN/DOT DBE Section Staff
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Thorough Documentation 5 Day Extensions Assistance from DBE Specialists within 5 Days August and October Letters and Documents Training and Company Meetings Pilot Project - I-694/Snelling Submission of Good Faith Efforts
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New Consolidated GFE Form
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Instructions Cover Letter Copies
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GFE Evaluation Criteria Guidelines
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Information -Contractor -Project Part A, B, C
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Part D – Solicitation IF DBE GOAL NOT MET
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Part E – DBE Commitments
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Part F – Non-DBE Quotes
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Rejected Quotes Why? Part G IF DBE GOAL NOT MET
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Signature Part H
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Exhibit A And Field Monitoring Report
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Exhibit A And Field Monitoring Report Page 2
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Contract Clearance Form
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Contractor Payment Form
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Total Payment Affidavit
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Questions?
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Disadvantaged Business Enterprise Alex Tittle, Deputy Director (651) 366-3333 Alex.tittle@state.mn.us
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