Fill - Free fillable 7483 View DBE Program And Methodology PDF form

City of Douglas

DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

for

DOUGLAS MUNICIPAL GENE CHAMBERS AIRPORT

DOUGLAS, GEORGIA

June 2019

TABLE of CONTENTS

Contents

Section 26.1, 26.23 Objectives/Policy Statement 3

SUBPART A – GENERAL REQUIREMENTS 4

Section 26.1 Objectives 4

Section 26.3 Applicability 4

Section 26.5 Definitions 4

Section 26.7 Non-discrimination Requirements 4

Section 26.11 Record Keeping Requirements 4

Section 26.13 Federal Financial Assistance Agreement 5

SUBPART B - ADMINISTRATIVE REQUIREMENTS 6

Section 26.21 DBE Program Updates 6

Section 26.23 Policy Statement 6

Section 26.25 DBE Liaison Officer (DBELO) 6

Section 26.27 DBE Financial Institutions 7

Section 26.29 Prompt Payment Mechanisms 7

Section 26.31 Directory 9

Section 26.33 Overconcentration 9

Section 26.35 Business Development Programs 9

Section 26.37 Monitoring and Enforcement Mechanisms 9

Section 26.39 Fostering Small Business Participation 12

SUBPART C – GOALS, GOOD FAITH EFFORTS, AND COUNTING 12

Section 26.43 Set-asides or Quotas 12

Section 26.45 Overall Goals 12

Section 26.47 Goal Setting and Accountability 14

Section 26.49 Transit Vehicle Manufacturers Goals 14

Section 26.51(a-c) Breakout of Estimated Race-Neutral & Race-Conscious Participation 15

Section 26.51(d-g) Contract Goals 15

Section 26.53 Good Faith Efforts Procedures 15

Section 26.55 Counting DBE Participation 19

SUBPART D – CERTIFICATION STANDARDS 20

Section 26.61 – 26.73 Certification Process 20

SUBPART E – CERTIFICATION PROCEDURES 20

Section 26.81 Unified Certification Programs 20

SUBPART F – COMPLIANCE AND ENFORCEMENT 21

Section 26.109 Information, Confidentiality, Cooperation 21

SUBPART A – GENERAL REQUIREMENTS

Section 26.1 Objectives

The objectives are found in the policy statement on the first page of this program.

Section 26.3 Applicability

The City of Douglas is the recipient of federal airport funds authorized by 49 U.S.C. 47101,

et seq.

Section 26.5 Definitions

The City will adopt the definitions contained in Section 26.5 for this program.

Section 26.7 Non-discrimination Requirements

The City will never exclude any person from participation in, deny any person the benefits of, or

otherwise discriminate against anyone in connection with the award and performance of any

contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin.

In administering its DBE program, the City will not, directly or through contractual or other

arrangements, use criteria or methods of administration that have the effect of defeating or

substantially impairing accomplishment of the objectives of the DBE program with respect to

individuals of a particular race, color, sex, or national origin.

Section 26.11 Record Keeping Requirements

Reporting to USDOT: 26.11(b)

The City will report DBE participation to USDOT as follows:

The Airport will submit annually the Uniform Reports of DBE Awards or Commitments and

Payments, as modified for use by FAA recipients, via FAA dbE-Connect

(https://faa.civilrightsconnect.com/).

Bidders List: 26.11(c)

The City will create and maintain a bidders list, consisting of information about all DBE and non-

DBE firms that bid or quote on USDOT-assisted contracts. The purpose of this requirement is to

allow use of the bidders’ list approach to calculating overall goals. The bidder list will include the

name, address, DBE non-DBE status, age, and annual gross receipts of firms.

The City will collect this information in the following ways:

a. Include a contract clause requiring prime bidders to report the names/addresses, and

possibly other information, of all firms who quote to them on subcontracts.

b. Include a notice in all solicitations, and otherwise widely disseminated, request to firms

quoting on subcontracts to report the approved information directly to the City’s DBELO for

inclusion in the bidder’s list.

c. Request the above information from all potential bidders who contact the Airport seeking

bid information, and/or who attend pre-bid meetings, conferences, etc., at the Airport.

d. The City may also consider the use of the Bidders List Data Collection form, as shown in

Attachment 10.

Section 26.13 Federal Financial Assistance Agreement

The City has signed the following assurances, applicable to all USDOT-assisted contracts and their

administration:

Assurance: 26.13(a)

The City of Douglas shall not discriminate on the basis of race, color, national origin, or sex in

the award and performance of any USDOT-assisted contract; or in the administration of its

DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary

and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and

administration of USDOT assisted contracts. The recipient’s DBE Program, as required by 49

CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement.

Implementation of this program is a legal obligation and failure to carry out its terms shall be

treated as a violation of this agreement. Upon notification to the City of its failure to carry

out its approved program, the Department may impose sanction as provided for under 49

CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.

1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

This language will appear in financial assistance agreements with sub-recipients.

Contract Assurance: 26.13b

The City will ensure that the following clause is placed in every USDOT-assisted contract and

subcontract:

The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race,

color, national origin, or sex in the performance of this contract. The contractor shall carry

out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT

assisted contracts. Failure by the contractor to carry out these requirements is a material

breach of this contract, which may result in the termination of this contract or such other

remedy as the recipient deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payment:

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible.

SUBPART B - ADMINISTRATIVE REQUIREMENTS

Section 26.21 DBE Program Updates

The City is required to have a DBE program meeting the requirements of this part as it will receive

grants for airport planning or development and will award prime contracts, cumulative total value

of which exceeds $250,000 in FAA funds in a federal fiscal year. The City is not eligible to receive

DOT financial assistance unless DOT has approved this DBE program and the City is in compliance

with it and Part 26. The City will continue to carry out this program until all funds from DOT

financial assistance have been expended. The City does not have to submit regular updates of

the DBE program document, as long as it remains in compliance. However, significant changes

in the program, including those required by regulatory updates, will be submitted for DOT

approval.

Section 26.23 Policy Statement

The policy statement is elaborated on the first page of this program.

Section 26.25 DBE Liaison Officer (DBELO)

The City has designated the following individual as its DBE Liaison Officer:

Ms. Georgia Henderson, Community Development Director

City of Douglas

211 S. Gaskin Avenue

Douglas, GA 31533

912-383-0277

ghenderson@cityofdouglas.com

In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and

ensuring that the City complies with all provision of 49 CFR Part 26. The DBELO has direct,

independent access to the City Manager concerning DBE program matters. An organization chart

displaying the DBELO’s position in the organization is found in Attachment 1 to this program.

The DBELO is responsible for developing, implementing and monitoring the DBE program, in

coordination with other appropriate officials. The DBELO, along with her staff, will administer

the program. The duties and responsibilities include the following:

1. Gathers and reports statistical data and other information as required by USDOT.

2. Reviews third party contracts and purchase requisitions for compliance with this program.

3. Works with all departments to set overall triennial goals.

4. Ensures that bid notices and requests for proposals are available to DBEs in a timely

manner.

5. Identifies contracts and procurements so that DBE goals are included in solicitations (both

race-neutral methods and contract-specific goals attainment) and identifies ways to

improve progress.

6. Analyzes the City’s progress toward attainment and identifies ways to improve progress.

7. Participates in pre-bid meetings.

8. Advises the City on DBE matters and achievement.

9. Provides DBEs with information and assistance in preparing bids, obtaining bonding and

insurance.

10. Plans and participates in DBE training seminars.

11. Provides outreach to DBEs and community organizations to advise them of opportunities.

Section 26.27 DBE Financial Institutions

It is the policy of the City to investigate the full extent of services offered by financial institutions

owned and controlled by socially and economically disadvantaged individuals in the community,

to make reasonable efforts to use these institutions, and to encourage prime contractors on

USDOT-assisted contracts to make use of these institutions.

In developing this DBE program, the City’s efforts did not identify any such institutions within its

service area. The City will evaluate on a yearly basis, and if any such institutions are established

in the Airport’s service area, the City will consider the services offered by these institutions and

refer them as noted above.

Section 26.29 Prompt Payment Mechanisms

The City requires that all subcontractors performing work on USDOT-assisted contracts shall be

promptly paid for work performed pursuant to their agreements, in accordance with all relevant

federal, state, and local law.

The City has established, as part of its DBE Program, a contract clause to require prime

contractors to pay subcontractors for satisfactory performance of their contracts no later than

10 days from receipt of each payment made to the prime contractor.

The City will ensure prompt and full payment of retainage from the prime contractor to the

subcontractor within 10 days after the subcontractor's work is satisfactorily completed. The City

will hold retainage from prime contractors and provide for prompt and regular incremental

acceptances of portions of the prime contract, pay retainage to prime contractors based on these

acceptances, and require a contract clause obligating the prime contractor to pay all retainage

owed to the subcontractor for satisfactory completion of the accepted work within 10 days after

payment to the prime contractor.

To implement this measure, the City will include the following clause from the FAA Advisory

Circular 150-5370-10H in each DOT-assisted prime contract.

a. From the total of the amount determined to be payable on a partial payment, 10% percent

of such total amount will be deducted and retained by the City for protection of the City’s

interests. Unless otherwise instructed by the City, the amount retained by the City will be in

effect until the final payment is made except as follows:

(1) Contractor may request release of retainage on work that has been partially accepted by

the City in accordance with Section 50-14. Contractor must provide a certified invoice to

the RPR that supports the value of retainage held by the City for partially accepted work.

(2) In lieu of retainage, the Contractor may exercise at its option the establishment of an

escrow account per paragraph 90-08.

b. The Contractor is required to pay all subcontractors for satisfactory performance of their

contracts no later than 10 days after the Contractor has received a partial payment.

Contractor must provide the City evidence of prompt and full payment of retainage held by

the prime Contractor to the subcontractor within 10 days after the subcontractor’s work is

satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks

called for in the subcontract have been accomplished and documented as required by the

City. When the City has made an incremental acceptance of a portion of a prime contract, the

work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.

c. When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR

shall, at the City’s discretion and with the consent of the surety, prepare estimates of both

the contract value and the cost of the remaining work to be done. The City may retain an

amount not less than twice the contract value or estimated cost, whichever is greater, of the

work remaining to be done. The remainder, less all previous payments and deductions, will

then be certified for payment to the Contractor.

The City will share information regarding required documentation for payment with

subcontractors. The City will take steps to promote the timely submission by contractors of

invoices for payment, and will also maintain adequate internal controls to facilitate timely

payment to contractors.

Dispute Resolution: 26.29(e) (1-3)

The City requires that prime contractors insert a contract provision in their subcontractor

agreements that allows for a dispute resolution process. Pursuant to 49 CFR Part 26.29(e) (1-3),

the following contract provisions will be reviewed and approved by the City:

1. A contract clause that requires prime contractors to include in their subcontractors’

agreements language providing that prime contractors and subcontractors will use

appropriate alternative dispute resolution mechanisms to resolve payment disputes; and

disputes between the prime contractor and DBE subcontractor may also be subject to

Georgia’s Alternative Dispute Resolution process

2. A contract clause providing that the prime contractor will not be reimbursed for work

performed by subcontractors unless and until the prime contractor ensures that the

subcontractors are promptly paid for the work they have performed.

Section 26.31 Directory

The primary Disadvantaged Business Enterprise Directory for the City comes from the Georgia

Department of Transportation (GDOT) and contains listings of certified minority- and women-

owned construction firms and material suppliers from throughout the State of Georgia.

GDOT maintains active lists of certified disadvantaged businesses located throughout the state.

Therefore, all of the firms listed in the directory have been certified by this state and in

accordance with USDOT criteria. It should be noted also that these listings and certifications are

periodically updated with some firms being added, while others are removed. Also, the State of

Georgia Department of Administrative Services, which maintains a list of small businesses

, may

be consulted to identify potential DBE firms.

These directories should enable prime contractors for projects at the Airport to proceed more

easily in their attempts to comply with overall goals regarding Disadvantaged Business

Enterprises.

GDOT revises the directory in real time, and the weblink may be found in Attachment 2.

Section 26.33 Overconcentration

The City has not identified that overconcentration exists in the types of work that DBEs perform.

However, the DBELO will continue to monitor the various categories every three years to ensure

that non-DBE firms are not unduly burdened.

Section 26.35 Business Development Programs

The City has not established a business development program. The DBELO will re-evaluate the

need for such a program every three years.

Section 26.37 Monitoring and Enforcement Mechanisms

Monitoring Payments to DBEs and Non-DBEs

The City will provide ongoing monitoring of prime contractor payments to subcontractors over

the course of any covered contract. The City will require prime contractors to report

http://godr.org

http://doas.ga.gov/state-purchasing/suppliers/minority-business-enterprise-certification

documentation of payments to subcontractors monthly. The DBELO will review and verify that

payments have been made and retainage has been returned to subcontractors in accordance to

section 26.29.

The City will require prime contractors to maintain records and documents of payments to

subcontractors, including DBEs, for a minimum of three (3) years unless otherwise provided by

applicable record retention requirements for the City’s financial assistance agreement, whichever

is longer. These records will be made available for inspection upon request by any authorized

representative of the City or DOT. This reporting requirement extends to all subcontractors, both

DBE and non-DBE.

The City uses a number of DBE forms, which can be found in Attachment 3, to collect DBE

information for initial project setup and for ongoing monitoring of DBE participation:

• DBE Project Compliance Review Checklist

• Listing of DBE Subcontractors

• DBE Monthly Report

• DBE Commercially Useful Function Report

The DBELO or the City’s representative will conduct onsite compliance reviews of FAA-funded

projects. The DBELO will review all DBE subcontracts and payments; and will evaluate any DBE

firms working on the project during the date of the visit. The DBELO will conduct a commercially

useful function (CUF) review at least once during the project for all DBEs. The DBELO will also

review monthly progress reports submitted by prime contractors to determine if they are on

track to meet the DBE goal. Written certification will be documented by the DBELO on the DBE

Project Compliance Review Checklist form.

Prompt Payment Dispute Resolution

The City will take the following steps to resolve disputes as to whether work has been

satisfactorily completed for purposes of §26.29.

A meeting will be scheduled with the prime contractor, subcontractor, DBELO and other

appropriate City representative(s). Any meeting for the purpose of dispute resolution will

include City representative(s) authorized to bind each interested party, including City

representative(s) with authorization to take enforcement action.

The City has established, as part of its DBE program, the following mechanism(s) to ensure

prompt payment and return of retainage:

A contract clause providing that the prime contractor will not be reimbursed for work

performed by subcontractors unless and until the prime contractor ensures that the

subcontractors are promptly paid for the work they have performed.

If the prime contractor has not paid subcontractors in accordance with 26.29, the City will

not reimburse the prime contractor for work performed by subcontractors until the prime

contractor is in compliance with 26.29.

Prompt Payment Complaints

Complaints by subcontractors regarding the prompt payment requirements are handled

according to the following procedure.

1. The affected subcontractor shall file a complaint with the prime contractor directly

regarding payment.

2. If filing a complaint with the prime contractor does not result in timely and meaningful

action by the prime contractor to resolve the prompt payment dispute, the affected

subcontractor may contact the City’s DBELO.

3. If filing a prompt payment complaint with the DBELO does not result in timely and

meaningful action by the City to resolve prompt payment disputes, the affected

subcontractor may contact the FAA Office of Civil Rights.

4. Pursuant to Sec. 157 of the FAA Reauthorization Act of 2018, all complaints related to

prompt payment will be reported in a format acceptable to the FAA, including the nature

and origin of the complaint and its resolution.

Enforcement Actions for Noncompliance of Participants

The City will provide appropriate means to enforce the requirements of §26.29. These means

may include:

• Assessing liquidated damages, in accordance with the contract, against the prime

contractor for each day beyond the required time period the prime contractor fails to pay

the subcontractor

• Advising subcontractors of the availability of the payment and performance bond to

assure payment for labor and materials in the execution of the work provided for in the

contract

• Paying subcontractors directly and deducting this amount from the retainage owed to the

prime contractor

• Issuing a stop-work order until payments are released to subcontractors, specifying in the

contract that such orders constitute unauthorized delays, for the purposes of calculating

liquidated damages, if milestones are not met.

The City

will actively implement the enforcement actions detailed above.

Monitoring Contracts and Work Sites

The City will review contracting records and will engage in active monitoring of work sites to

ensure that work committed to DBEs at contract award or subsequently (

e.g.,

as the result of

modification to the contract) is actually performed by the DBEs to which the work was committed.

The DBELO will perform work site monitoring and will review all contracting records. The City will

maintain written certification that contracting records have been reviewed and work sites have

been monitored for this purpose.

Section 26.39 Fostering Small Business Participation

The City has created an element to structure contracting requirements to facilitate competition

by small business concerns, taking all reasonable steps to eliminate obstacles to their

participation, including unnecessary and unjustified bundling of contract requirements that may

preclude small business participation in procurements as prime contractors or subcontractors.

This element has been submitted to the FAA, and has been approved. The program element is

included as Attachment 4. The City will actively implement the program elements to foster small

business participation. Doing so is a requirement of good faith implementation of the DBE

program.

SUBPART C – GOALS, GOOD FAITH EFFORTS, AND COUNTING

Section 26.43 Set-asides or Quotas

The City does not use quotas in any way in the administration of this DBE program.

Section 26.45 Overall Goals

The City

will establish an overall DBE goal covering a three-year federal fiscal year period if it

anticipates awarding DOT/FAA-funded prime contracts the cumulative total value of which

exceeds $250,000 during any one or more of the reporting fiscal years within the three-year goal

period. In accordance with Section 26.45(f) the City will submit its overall three-year DBE goal to

FAA by August 1st as required by the established schedule below.

Airport Type Region

Date Due

(Goal Period)

Next Goal Due

(Goal Period)

Non-Primary

(GAs, Relievers and State

DOTs)

New England,

Northwest

Mountain, &

Southern

August 1, 2017

(2018/2019/2020)

August 1, 2020

(2021/2022/2023)

The DBE goals will be established in accordance with the 2-step process as specified in 49 CFR

Part 26.45. If the City

does not anticipate awarding DOT/FAA-funded prime contracts the

cumulative total value of which exceeds $250,000 during any of the years within the three-year

reporting period, the City will not develop an overall goal; however, this DBE Program will remain

in effect and the City will seek to fulfill the objectives outlined in 49 CFR Part 26.1.

A description of the methodology to calculate the overall goal and the goal calculations can be

found in Attachment 5 to this program. This section of the program will be updated triennially.

In establishing the overall goal, the City will provide for consultation and publication. This

includes consultation with minority, women’s and general contractor groups, community

organizations, and other officials or organizations that could be expected to have information

concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of

discrimination on opportunities for DBEs, and the City’s efforts to establish a level playing field

for the participation of DBEs. The consultation will include a scheduled, direct, interactive

exchange (e.g., a face-to-face meeting, video conference, teleconference) with as many interested

stakeholders as possible focused on obtaining information relevant to the City’s goal setting

process, and it will occur before submitting the goal methodology to the FAA for review pursuant

to paragraph (f) of this section. The City will document in the goal submission the consultation

process that we engaged in. Notwithstanding paragraph (f)(4) of this section, the City will not

implement the proposed goal until this requirement is fulfilled.

In addition, the City will post a notice announcing the proposed overall goal before submission

to the operating administration on August 1st. The notice will be posted on the City’s official

internet web site and may be posted in any other sources (e.g., minority-focused media, trade

association publications). If the proposed goal changes following review by the operating

administration, the revised goal will be posted on the official internet web site. The City will

inform the public that the proposed overall goal and its rationale are available for inspection

during normal business hours at the DBELO’s office, and that the City will accept comments on

the goals for 30 days from the date of the notice. Notice of the comment period will include the

addresses to which comments may be sent (including offices and websites) where the proposal

may be reviewed. The public comment period will not extend the August 1

deadline.

The City’s overall goal submission to USDOT will include a summary of information and

comments received during this public participation process and responses, if any comments are

received.

The City will begin using the overall goal on October 1 of each year, unless it has received other

instructions from USDOT. If the City establishes a goal on a project basis, it will begin using the

goal by the time of the first solicitation for a USDOT-assisted contract for the project.

Section 26.45(e) - Project Goals

If permitted or required by the FAA Administrator, an overall goal may be expressed as a

percentage of funds for a particular grant or project or group of grants and/or projects, including

entire projects. Like other overall goals, a project goal may be adjusted to reflect changed

circumstances, with the concurrence of the appropriate operating administration. A project goal

is an overall goal, and it must meet all the substantive and procedural requirements of this

section pertaining to overall goals. A project goal covers the entire length of the project to which

it applies. The project goal will include a projection of the DBE participation anticipated to be

obtained during each fiscal year covered by the project goal. The funds for the project to which

the project goal pertains are separated from the base from which the regular overall goal,

applicable to contracts not part of the project covered by a project goal, is calculated.

If a goal is established on a project basis, the goal will be used by the time of the first solicitation

for a DOT-assisted contract for the project.

Section 26.45(f) - Prior Operating Administration Concurrent

The City understands that it is not required to obtain prior operating administration concurrence

with the overall goal. However, if the operating administration’s review suggests that the overall

goal has not been correctly calculated or that the method for calculating goals is inadequate, the

operating administration may, after consulting with the City, adjust the overall goal or require

that the City do so. The adjusted overall goal is binding. In evaluating the adequacy or soundness

of the methodology used to derive the overall goal, the U.S. DOT operating administration will be

guided by the goal setting principles and best practices identified by the Department in guidance

issued pursuant to § 26.9.

Section 26.47 Goal Setting and Accountability

The City cannot be penalized, or treated by the Department as being in noncompliance with Part

26, because DBE participation falls short of an overall goal, unless the City fails to administer its

DBE program in good faith.

The City understands that, to be considered to be in compliance with this part, an approved DBE

Program and overall DBE goal, if applicable, must be maintained, and this DBE Program must be

administered in good faith.

The City understands that if the awards and commitments shown on the City’s Uniform Report

of Awards or Commitments and Payments at the end of any fiscal year are less than the overall

applicable to that fiscal year, the City will:

1. Analyze in detail the reason for the difference between the overall goal and the actual

awards/commitments;

2. Establish specific steps and milestones to correct the problems identified in the analysis; and

3. Prepare, within 90 days of the end of the fiscal year, the analysis and corrective actions

developed under paragraph (c)(1) and (2) of this section. The City will retain a copy of the

analysis and corrective actions in its records for a minimum of three years. The City will make

it available to the FAA upon request.

Section 26.49 Transit Vehicle Manufacturers Goals

N/A

Section 26.51(a-c) Breakout of Estimated Race-Neutral & Race-Conscious Participation

The breakout of estimated race-neutral and race-conscious participation can be found in

Attachment 6 to this program. This section of the program will be updated annually when the

goal calculation is updated.

Section 26.51(d-g) Contract Goals

The City will use contract goals to meet any portion of the overall goal it does not project being

able to meet using race-neutral means. Contract goals are established so that, over the period

to which the overall goal applies, they will cumulatively result in meeting any portion of the overall

goal that is not projected to be met through the use of race-neutral means.

The City will establish contract goals only on those USDOT-assisted contracts that have

subcontracting possibilities. The City needs not establish a contract goal on every such contract,

and the size of contract goals will be adapted to the circumstances of each such contract (e.g.,

type and location of work, availability of DBEs to perform the particular type of work).

The City will express its contract goals as a percentage of the total amount of a USDOT-assisted

contract.

Section 26.53 Good Faith Efforts Procedures

Demonstration of good faith efforts (26.53(a) & (c))

The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can

demonstrate that it has done so either by meeting the contract goal or documenting good faith

efforts. Examples of good faith efforts are found in Appendix A to Part 26.

The DBELO is responsible for determining whether a bidder/offeror who has not met the contract

goal has documented sufficient good faith efforts to be regarded as responsive.

The City will ensure that all information is complete and accurate and adequately documents the

bidder/offer’s good faith efforts before we commit to the performance of the contract by the

bidder/offeror.

Information to be submitted (26.53(b))

In its solicitations for DOT/FAA-assisted contracts for which a contract goal has been established,

the City will require the following:

(1) Award of the contract will be conditioned on meeting the requirements of this section;

(2) All bidders or offerors will be required to submit the following information to the City, at the

time provided in paragraph (b)(3) of this section:

(i) The names and addresses of DBE firms that will participate in the contract;

(ii) A description of the work that each DBE will perform. To count toward meeting a goal,

each DBE firm must be certified in a NAICS code applicable to the kind of work the firm

would perform on the contract;

(iii) The dollar amount of the participation of each DBE firm participating;

(iv) Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor

whose participation it submits to meet a contract goal; and

(v) Written confirmation from each listed DBE firm that it is participating in the contract in

the kind and amount of work provided in the prime contractor’s commitment.

(vi) If the contract goal is not met, evidence of good faith efforts (see Appendix A of 49 CFR

Part 26). The documentation of good faith efforts must include copies of each DBE and

non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor

was selected over a DBE for work on the contract; and

(3) The City will require that the bidder/offeror present the information required by paragraph

(b)(2) of this section under sealed bid procedures, as a matter of responsiveness, or with initial

proposals, under contract negotiation procedures.

This information will be collected using the forms found in Attachment 7.

Administrative reconsideration (26.53(d))

Within ten (10) days of being informed by the City that it is not responsive because it has not

documented sufficient good faith efforts, a bidder may request administrative reconsideration.

Bidders should make this request in writing to the following administrative reconsideration

official (ARO): Jerome Adams, Attorney, City of Douglas, PO Box 470, Douglas, GA 31534-

0470. The ARO will not have played any role in the original determination that the bidder did

not document sufficient good faith efforts.

As part of this reconsideration, the bidder/offeror will have the opportunity to provide written

documentation or argument concerning the issue of whether it met the goal or made adequate

good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with

the City’s administrative reconsideration official to discuss the issue of whether it met the goal

or made adequate good faith efforts to do. The City will send the bidder/offeror a written

decision on reconsideration, explaining the basis for finding that the bidder did or did not meet

the goal or make adequate good faith efforts to do so. The result of the reconsideration

process is not administratively appealable to the US Department of Transportation.

Good Faith Efforts procedures in situations when there are contract goals (26.53(f)(g))

The City will include in each prime contract a provision stating:

The contractor shall utilize the specific DBEs listed to perform the work and supply the

materials for which each is listed unless the contractor obtains the City’s written consent as

provided in this paragraph 26.53(f); and

That, unless the City’s consent is provided under this paragraph 26.53(f), the contractor shall

not be entitled to any payment for work or material unless it is performed or supplied by the

listed DBE.

The City will require the contractor that is awarded the contract to make available upon request

a copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an

agreement with DBEs to supply labor or materials require that the subcontract and all lower tier

subcontractors be performed in accordance with this part’s provisions.

Good Faith Efforts when a DBE is replaced on a contract (26.53(f))

The City requires that prime contractors not terminate a DBE subcontractor listed on a

bid/contract with a DBE contract goal without the City’s prior written consent. Prior written

consent will only be provided where there is “good cause” for termination of the DBE firm, as

established by Section 26.53(f)(3) of the DBE regulation.

In those instances where “good cause” exists to terminate a DBE’s contract, the City will require

the prime contractor to make good faith efforts to replace a DBE that is terminated or has

otherwise failed to complete its work on a contract with another certified DBE, to the extent

needed to meet the contract goal. The City will require the prime contractor to notify the DBELO

immediately of the DBE’s inability or unwillingness to perform and provide reasonable

documentation.

In this situation, the City will require the prime contractor to obtain prior approval of the

substitute DBE and to provide copies of new or amended subcontracts, or documentation of

good faith efforts. The City will provide such written consent only if the City agrees, for reasons

stated in a concurrence document, that the prime contractor has good cause to terminate the

DBE firm. For purposes of this paragraph, good cause includes the following circumstances:

(1) The listed DBE subcontractor fails or refuses to execute a written contract;

(2) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way

consistent with normal industry standards. Provided however, that good cause does not exist

if the failure or refusal of the DBE subcontractor to perform its work on the subcontract

results from the bad faith or discriminatory action of the prime contractor;

(3) The listed DBE subcontractor fails or refuses to meet the prime contractor’s reasonable, non-

discriminatory bond requirements.

(4) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness;

(5) The listed DBE subcontractor is ineligible to work on public works projects because of

suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1,200 or

applicable state law;

(6) The City has determined that the listed DBE subcontractor is not a responsible contractor;

(7) The listed DBE subcontractor voluntarily withdraws from the project and provides to us

written notice of its withdrawal;

(8) The listed DBE is ineligible to receive DBE credit for the type of work required;

(9) A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable

to complete its work on the contract;

(10) Other documented good cause that the City has determined compels the termination of the

DBE subcontractor. Provided, that good cause does not exist if the prime contractor seeks to

terminate a DBE it relied upon to obtain the contract so that the prime contractor can self-

perform the work for which the DBE contractor was engaged or so that the prime contractor

can substitute another DBE or non-DBE contractor after contract award.

Before transmitting its request to the City to terminate and/or substitute a DBE subcontractor,

the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the City,

of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five days to respond to the prime contractor’s notice and

advise the City and the contractor of the reasons, if any, why it objects to the proposed

termination of its subcontract and why the City should not approve the prime contractor’s action.

If required in a particular case as a matter of public necessity (

e.g.,

safety), the City may provide

a response period shorter than five days.

In addition to post-award terminations, the provisions of this section apply to pre-award

deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

The City will require a contractor to make good faith efforts to replace a DBE that is terminated

or has otherwise failed to complete its work on a contract with another certified DBE. These good

faith efforts shall be directed at finding another DBE to perform at least the same amount of

work under the contract as the DBE that was terminated, to the extent needed to meet the

contract goal that the City established for the procurement. The good faith efforts shall be

documented by the contractor. If the City requests documentation from the contractor under

this provision, the contractor shall submit the documentation within seven (7) days, which may

be extended for an additional seven (7) days, if necessary, at the request of the contractor, and

the City shall provide a written determination to the contractor stating whether or not good faith

efforts have been demonstrated.

The City will include in each prime contract the contract clause required by § 26.13(b) stating that

failure by the contractor to carry out the requirements of this part is a material breach of the

contract and may result in the termination of the contract or such other remedies set forth in

that section that the City deems appropriate if the prime contractor fails to comply with the

requirements of this section.

If the contractor fails or refuses to comply in the time specified, the City’s contracting office will

issue an order stopping all or part of payment/work until satisfactory action has been taken. If

the contractor still fails to comply, the contracting officer may issue a termination for default

proceeding.

Sample Bid Specification:

The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation,

apply to this contract. It is the policy of the City of Douglas, as owner of the airport, to practice

nondiscrimination based on race, color, sex, or national origin in the award or performance

of this contract. All firms qualifying under this solicitation are encouraged to submit

bids/proposals. Award of this contract will be conditioned upon satisfying the requirements

of this bid specification. These requirements apply to all bidders/offerors, including those

who qualify as a DBE. A DBE contract goal of ____ percent has been established for this

contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR

Part 26, to meet the contract goal for DBE participation in the performance of this contract.

The bidder/offeror will be required to submit the following information:

(1) the names and addresses of DBE firms that will participate in the contract;

(2) a description of the work that each DBE firm will perform;

(3) the dollar amount of the participation of each DBE firm participating;

(4) written documentation of the bidder/offeror’s commitment to use a DBE

subcontractor whose participation it submits to meet the contract goal;

(5) written confirmation from the DBE that it is participating in the contract as provided

in the commitment made under (4);

(6) if the contract goal is not met, evidence of good faith efforts.

Section 26.55 Counting DBE Participation

The City will count DBE participation toward overall and contract goals as provided in 49 CFR

26.55. The participation of a DBE subcontractor will not be counted toward a contractor’s final

compliance with its DBE obligations on a contract until the amount being counted has actually

been paid to the DBE.

In the case of post-award substitutions or additions, if a firm is not currently certified as a DBE in

accordance with the standards of subpart D of this part at the time of the execution of the

contract, the firm’s participation will not be counted toward any DBE goals, except as provided

for in §26.87(j).

Pursuant to Sec. 150 of the FAA Reauthorization Act of 2018, DBE firms certified with NAICS code

237310 that exceed the business size standard in § 26.65(b) will remain eligible for DBE credit for

work in that category as long as they do not exceed the small business size standard for that

category, as adjusted by the United States Small Business Administration.

SUBPART D – CERTIFICATION STANDARDS

Section 26.61 – 26.73 Certification Process

The City will refer all matters pertaining to certification to the Georgia Department of

Transportation’s Equal Opportunity Division in accordance with the State’s UCP program. The

Equal Opportunity Division will use the certification standards of Subpart D of Part 26 to

determine the eligibility of firms to participate as DBEs in USDOT-assisted contracts. To be

certified as a DBE, a firm must meet all certification eligibility standards. The Equal Opportunity

Division will make all certification decisions based on the facts as a whole.

For information about the certification process or to apply for certification, firms should contact:

Georgia Department of Transportation

Equal Opportunity Division

600 West Peachtree Street, N.W.

7th Floor

Atlanta, Georgia 30308

(404) 631-1972

http://www.dot.ga.gov/PS/Business/DBE

The certification application forms and documentation requirements are found in Attachment 8

to this program.

SUBPART E – CERTIFICATION PROCEDURES

Section 26.81 Unified Certification Programs

The City is a member of the Unified Certification Program (UCP) administered by the Georgia

Department of Transportation (GDOT)’s Equal Opportunity Division. The UCP will meet all of the

requirements of this section. Georgia’s UCP program uses the certification standards of Subpart

D of Part 26 and the certification procedures of Subpart E of Part 26 to determine the eligibility

of firms to participate as DBEs in USDOT/FAA-assisted contracts. Under the GDOT UCP Program,

only GDOT will conduct all DBE certifications. To be certified as a DBE, a firm must meet all

certification eligibility standards. The City will refer all certifications to GDOT.

SUBPART F – COMPLIANCE AND ENFORCEMENT

Section 26.109 Information, Confidentiality, Cooperation

The City will safeguard, from disclosure to third parties, information that may reasonably be

regarded as confidential business information, consistent with Federal, state, and local law.

Notwithstanding any contrary provisions of state or local law, the City will not release personal

financial information submitted in response to the personal net worth requirement to a third

party (other than USDOT) without the written consent of the firm that submitted the information.

This includes applications for DBE certification and supporting information. However, the City

will transmit this information to DOT in any certification appeal proceeding under § 26.89 of this

part or to any other state to which the individual’s firm has applied for certification under § 26.85

of this part.

All participants in the Department's DBE program (including, but not limited to, recipients, DBE

firms and applicants for DBE certification, complainants and appellants, and contractors using

DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and

recipient compliance reviews, certification reviews, investigations, and other requests for

information. Failure to do so shall be a ground for appropriate action against the party involved

(e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of

certification or removal of eligibility and/or suspension and debarment; with respect to a

complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which

uses DBE firms to meet goals, findings of non-responsibility for future contracts and/or

suspension and debarment).

The City, contractor, or any other participant in the program will not intimidate, threaten, coerce,

or discriminate against any individual or firm for the purpose of interfering with any right or

privilege secured by this part or because the individual or firm has made a complaint, testified,

assisted, or participated in any manner in an investigation, proceeding, or hearing under this

part. If the City violates this prohibition, the City will be in noncompliance with this part.

Monitoring Payments to DBEs

The City will require prime contractors to maintain records and documents of payments to DBEs

for three (3) years following the performance of the contract. These records will be made

available for inspection upon request by any authorized representative of the City or USDOT.

This reporting requirement also extends to any certified DBE subcontractor.

The City will perform interim audits of contract payments to DBEs. The audit will review payments

to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or

exceeds the dollar amounts states in the schedule of DBE participation.

ATTACHMENTS

Attachment 1 Organizational Chart

Attachment 2 DBE Directory

Attachment 3 Monitoring and Enforcement Mechanisms

Attachment 4 Small Business Participation Plan

Attachment 5 Overall Goal Calculation

Attachment 6 Breakout of Estimated Race-Neutral & Race-Conscious Participation

Attachment 7 Form 1 & 2 for Demonstration of Good Faith Efforts

Attachment 8 Certification Application Forms

Attachment 9 Regulations: 49 CFR Part 26

Attachment 10 Bidders List Data Form

Attachment 1

Organizational Chart

City of Douglas

Douglas Municipal Gene Chambers Airport

Douglas, Georgia

Organizational Chart

City of Douglas Board

of Commissioners

City Manager

Community

Development Director

DBELO

Attachment 2

DBE Directory

The DBE Directory for the State of

Georgia may be found at

http://www.dot.ga.gov/PS/Business/DBE.

Attachment 3

Monitoring and Enforcement

Mechanisms

City of Douglas – Douglas Municipal Gene Chambers Airport

1. All participants are hereby notified that pursuant to Title 49 Code of Federal Regulations, United

States Department of Transportation, Part 26 and the Disadvantaged Business Enterprise

Participation Program for the City of Douglas, they must affirmatively ensure that, in any

contract entered into with the City, DBEs will be afforded

equal

opportunity to participate in

subcontracting activities. It is the policy of the City to ensure that DBEs, as defined in Part 26,

have an equal opportunity to receive and participate in USDOT-assisted contracts. It is further

the policy of the City to ensure nondiscrimination in the award and administration of USDOT-

assisted contracts.

2. All contracts between the City, and a Contractor shall contain an appropriate provision to the

effect that failure by the Contractor to comply with the City’s DBE Program shall constitute a

breach of contract, exposing the Contractor to a potential termination of the contract or other

appropriate remedy, including withholding of funds, until such time as the contractor complies

with all the DBE requirements of this program. Under authority granted by Georgia law, the City

may impose liquidated damages, contract suspension, or even contract termination.

3. All documentation submitted at time of bid, as well as additional data provided by the successful

bidder, is considered part of the contract documents. Any alterations, substitutions, deletions,

etc., to data provided at time of submission of bid must have prior approval of the City’s DBE

Liaison Officer.

4. Should a DBE firm not certified by the Georgia Department of Transportation be proposed by a

potential contractor as a part of his/her DBE plan efforts, the inclusion of said firm will not be

considered a demonstration of making good faith efforts towards meeting the DBE goal.

5. In contracts with DBE contract goals, bids submitted which do not meet the DBE contract goals,

and which do not show that a meaningful good faith effort was made to achieve the stated

goals, will be considered non responsive bids, and bidders will be notified of the deficiency and

given opportunity to appeal to the Administrative Reconsideration Official (49 CFR 26.53). The

bidder will not be eligible for award of the contract until the appeal procedures are complete.

The Administrative Reconsideration Official will make the determination on the sufficiency of the

good faith efforts.

6. The City reserves the right to reject any or all bids, or to re-advertise for bids. Award, if made,

will be to the lowest responsive and qualified bidder. A bid will not be considered responsive

unless the bidder complies with Title 49 Code of the Federal Regulations, Part 26, and the

Disadvantaged Business Enterprise Program of the City.

7. The City shall require contractors to make good faith efforts to replace a DBE subcontractor that

is terminated, or fails to complete its work on the contract for any reason, with another DBE

subcontractor. If a DBE subcontractor is terminated, or fails to complete its work on the

contract for any reason, the Contractor must notify the Airport immediately. These good faith

efforts shall be directed at finding another DBE to perform at least the same amount of work

under the contract as the DBE that was terminated, to the extent needed to meet the

established contract goal. The City shall approve all substitutions prior to contract award and

during contract performance in order to ensure that the substitute firms are eligible DBEs.

Additional information on the City’s Disadvantaged Business Enterprise Program can be

obtained from the DBE Liaison Officer, Ms. Georgia Henderson, Community Development

Director, City of Douglas, 211 S. Gaskin Avenue, Douglas, GA 31533, 912-383-0277,

ghenderson@cityofdouglas.com

8. The City will also implement a monitoring and enforcement mechanism to ensure that work

committed to DBEs at contract award is actually performed by DBE’s. This mechanism will

provide for a running tally of actual DBE attainments (e.g., payments actually made to DBE

firms), including a means of comparing these attainments to commitments. These mechanisms

will include, but not be limited to, the following:

a. Review bid package documentation thoroughly, obtaining clarification, if necessary.

b. Review monthly reports regarding employment as well as DBE participation to ensure

adherence to plan as represented in bid documents and as stipulated in this program.

c. Monitor progress of payments to DBEs through monthly reports from prime contractors.

d. Monitor progress of DBEs work through on-site visits and communication with DBEs. The

City will implement a monitoring and enforcement mechanism that will include written

certification that the City has reviewed contracting records and monitored work sites for this

purpose. This monitoring will be conducted during routine project site visits on a monthly

basis. The DBELO will sign off on the written certifications.

9. The City will bring to the attention of the US Department of Transportation any false, fraudulent,

or dishonest conduct in connection with the program, so that USDOT can take the steps (e.g.,

referral to the Department of Justice for criminal prosecution, referral to the USDOT Inspector

General, action under suspension and debarment or Program Fraud and Civil Penalties rules)

provided in 26.109.

10. The City also will consider similar action under its own legal authority, including responsibility

determinations in future contracts. In addition, the City will apply legal and contract remedies

under state and local law. This includes, for example, applying liquidated damages, withholding

payments, etc.

11. In its reports of DBE participation to the USDOT, the City will show both commitments and

attainments, as required by the USDOT reporting form.

Attachment 9 contains a weblink to 49 CFR Part 26, which describes federal regulations,

provisions, and contract remedies available to the City in the event of non-compliance by a

participant.

DBE Commercially Useful Function Report

Project:

AIP Number:

Prime Contractor:

DBE Firm:

DBE Start/Complete

CUF Review Date:

GENERAL

Yes

N/A

1. Does the DBE have its own employees on the job to perform the work?

☐

2. Does the DBE own the equipment being utilized to perform its work? If No,

attach equipment list, ownership documents, and rental/lease agreements.

☐ ☐ ☐

3. Is the DBE self-performing the subcontract defined task for a specific item of

work (distinct element) on the contract?

☐ ☐ ☐

HAULING FIRMS

Yes

N/A

1. Does the DBE hauling firm own and/or lease their trucks? (review

ownership/vehicle registration and/or lease documents to verify)

☐ ☐ ☐

2. Does the DBE employ drivers for trucks owned by the company? (If leased

trucks include operators, this should be indicated in the

agreement/purchase order.)

☐ ☐ ☐

3. Do the haul tickets and/or bills of lading associated with the project confirm

that hauling is being performed by the DBE?

☐ ☐ ☐

MATERIAL SUPPLIERS OR MANUFACTURERS/FABRICATORS

Yes

N/A

1. Does the DBE’s name appear on all applicable invoices, haul tickets, and/or

bills of lading?

☐ ☐ ☐

2. Did the DBE provide documentation showing that the funds used to pay a

supplier in fact came from the DBE’s own funds?

☐ ☐ ☐

3. If the DBE had any materials drop shipped to the project site, was the invoice

addressed to the DBE?

☐ ☐ ☐

4. Did the DBE deliver materials to the site with their own and/or leased trucks?

☐ ☐ ☐

SUPERVISION

Yes

N/A

1. Is the DBE self-performing work without assistance from the prime or

another subcontractor?

☐ ☐ ☐

2. Is the DBE providing supervision of its employees and their work? ☐

☐

3. Is the supervisor a full-time employee of the DBE? ☐

☐

Completed by:

Date:

Listing of DBE Subcontractors

(to be submitted with bid)

Project: ____________________________________________________________________________

The Bidder hereby proposes the following DBE participation:

DBE Subcontractor/Supplier Work to be performed

NAICS

Code

Subcontract Amount

Amount

Applicable to

Goal

(suppliers = * .60)

Total DBE Participation

Base Bid Amount

DBE Participation Proposed (%)

DBE Participation Goal (%)

Bidder (Firm Name)

Signature

Date

DBE Monthly Report

Contractor:

Project:

AIP Number:

Date:

DBE Subcontractor/Supplier

Committed

Award

Total Prior

Payments

Current

Payment

Total

Date Paid to

Vendor /

Sub this

Invoice

Percent

Totals

Contractor Name:

Signature:

Title:

Date:

DBE Project Compliance Review Checklist

Project:

AIP Number:

Prime Contractor:

Pre-Bid Checklist

☐

Review project to determine if a DBE contract goal is needed.

☐

Attend pre-bid meeting to inform bidders of DBE requirements.

Pre-Award Project Checklist

☐

Collect the Listing of DBE Subcontractors form.

☐

Collect letters of intent for all committed DBEs.

☐

If prime contractor is unable to meet the DBE goal, collect documentation of its good faith effort.

Post Award (Pre-Construction/Design) Project Checklist

☐

Collect fully executed (signed) subcontracts for all DBE firms.

☐

Review DBE subcontract(s) to ensure scope of work is consistent with what has been committed.

☐

Review contracts to verify that all required contract clauses are included.

☐ Ensure dollar value of DBE subcontract(s) is/are equal to or greater than the amount committed.

During Construction and/or Design Checklist

☐

Complete DBE Commercially Useful Function Report form, to verify that the DBEs are performing a commercially

useful function.

☐

Verify that business names on equipment and vehicles are not covered with paint or magnetic signs (visual inspection

of vehicles on site).

☐

Verify who employs the workers on site (visually inspect badges/IDs; establish reporting relationships of workers on

site/review certified payrolls).

☐

Review supplier invoices and cancelled checks to verify what firm orders and pays for the necessary supplies being

used by the DBE subcontractor.

☐

Ensure all DBE firms are paid promptly (within 10 days of payment to prime contractor per 49 CFR 26.29) by collecting

and reviewing the DBE monthly report form.

☐

Document and file any correspondence related to terminations, substitutions, or deletions of DBE firms.

☐

If terminations, substitutions, or deletions were approved, collect documentation of prime contractor’s good faith

effort to find a replacement firm

Post Construction/Design Checklist

☐

Ensure DBE goal has been achieved by collecting and reviewing the final DBE report.

☐

If a shortfall exists, collect Good Faith Effort documentation from prime contractor explaining reasons shortfall took

place.

Certification:

I, __________________________________________ hereby certify that the contracting records for the federally-funded project

have been reviewed and the work site has been visited/monitored.

Signature: _________________________________________________________

Date: __________________________________________

Attachment 4

Small Business Participation Plan

Section 26.39 – Fostering Small Business Participation

A. Purpose and Objective of this Element

This element, 49 CFR Part 26.39, is included as an amendment to the DBE program plan

for the City of Douglas (“the City”), on behalf of the Douglas Municipal Airport (“the

Airport”). This element is herein referenced as the Small Business Participation Plan

(SBPP). This new part calls for the inclusion of an element to

“structure contracting requirements to facilitate competition by small business

concerns, taking all reasonable steps to eliminate obstacles to their participation.”

The City hereby sets forth its plan to implement these requirements. The City’s SBPP is

also regarded as a substantial effort toward fulfilling the overall intent of 49 CFR Part

26.51, which is to meet the maximum feasible portion of its overall goal by using race-

neutral means to obtain DBE participation. Therefore, implementation of the City’s

SBPP will be based on the standard of business size, without regard to race or gender of

the business owner.

This element also addresses the unnecessary and unjustified “bundling” of contract

requirements which may preclude or inhibit small business participation in

procurements, as either prime or subcontractors.

Further, the City perceives the objectives of this section to be consistent with its DBE

Program policy statement, which says in part:

“- To ensure nondiscrimination in the award and administration of DOT-assisted

contracts.

- To help remove barriers to the participation of DBEs in DOT assisted contracts...

- To assist the development of firms that can compete successfully in the

marketplace outside the DBE Program.”

The City’s policy statement and this small business element (SBPP) are consistent with

the City’s history of creating and encouraging business opportunities at all levels.

B. SBPP Strategy

The City intends to carry out the objectives of this part by employing the following

strategies and supporting activities:

1. Establishment of a Race-neutral “Subcontracting Goal”

The City proposes, where feasible, on certain prime contracts that do not have a DBE

contract goal, that prime contractors will be required to provide subcontracting

opportunities to qualified small business concerns (SBCs), as defined herein, without

regards to race or gender of the business owner. Verified business size and

subcontracting opportunities will be the basis of this subcontracting goal. The

opportunities must be of a size that SBCs, including some which may also happen to

be DBEs, can reasonably perform. The Airport, through the Community

Development Director’s office and/or consultants, will assess the feasibility for race-

neutral subcontracting goals on projects. The Community Development Director’s

office will assist the potential primes by reviewing the project(s), in advance of the

solicitation, and by suggesting potential subcontracting opportunities in the

solicitation documents. This will help to establish a reasonable race-neutral

subcontracting goal.

2. Consideration of “Unbundling” of Large Contracts

The City has given consideration to “unbundling” as a small business strategy.

However, because the Airport is a general aviation facility, the City believes that, at

this time, such a strategy will not be suitable for the airport. Because of the limited

number and size of contracts each year, the increased total number of bid

solicitations with “unbundling” could significantly increase both administrative and

project costs per bid. This will reduce the necessary “economy of scale” for small

general aviation airports.

C. Definitions for this Element

1. Small Business

For purposes of this program element, which is part of the City’s approved DBE

program, “small business” shall have the same definition as “small business

concerns” contained in 49 CFR 26.5:

“Small business concern means, with respect to firms seeking to participate as

DBEs in DOT-assisted contracts, a small business concern as defined pursuant to

section 3 of the Small Business Act and Small Business Administration regulations

implementing it (13 CFR part 121) that also does not exceed the cap on average

annual gross receipts specified in §26.65(b). “

For additional clarification, it is useful to include here some excerpts from the SBA

regulations, 13 CFR, 121.105:

(a)(1) Except for small agricultural cooperatives, a business concern eligible for

assistance from SBA as a small business is a business entity organized for profit,

with a place of business located in the United States, and which operates primarily

within the United States or which makes a significant contribution to the U.S.

economy through payment of taxes or use of American products, materials or

labor....” and,

(b) A business concern may be in the legal form of an individual proprietorship,

partnership, limited liability company, corporation, joint venture, association, trust

or cooperative, except that where the form is a joint venture there can be no more

than 49 percent participation by foreign business entities in the joint venture.

Further, it is acknowledged that the SBA rules make allowances for the dollar

amounts to be adjusted from time to time.

2. Disadvantaged Business Enterprise

Disadvantaged Business Enterprise (DBE) means a for-profit small business concern

(defined by SBA rules, above) that meets the standards of 49 CFR Part 26, i.e.

• At least 51 percent owned by one or more individuals who are both socially and

economically disadvantaged or, in the case of a corporation, in which 51 percent

of the stock is owned by one or more such individuals;

• Whose socially and economically disadvantaged owners do not exceed the

personal net worth (PNW) does not exceed the described in 49 CFR Part 26. (The

current PNW cap is $1.32 million.)

• Whose management and daily business operations are controlled by one or

more of the socially and economically disadvantaged individuals who own it;

• Has been certified as a DBE by a certifying member of the Georgia Unified

Certification Program (GA UCP) in accordance with the full requirements of 49

CFR 26.

It is understood that in the implementation of this element, all of the “small business

concerns” may not necessarily be DBE firms. However, small businesses that are

also owned and controlled by individuals who meet the DBE standard will certainly

be encouraged to seek DBE certification. Only DBE certified firms who participate as

small business concerns, pursuant to this element, will be counted towards DBE

race-neutral participation on FAA-assisted contracts in this program.

D. Verification Standards and Procedures

For purposes of this small business element, the City will require the following

verification and/or certification:

1. Georgia Unified Certification Program (GA UCP) DBE Certification – DBE

certification by a certifying member of the GA UCP which stipulates that a firm has

been determined to meet all the requirements in accordance with 49 CFR Part 26.

All certification determinations are evidenced by a letter of DBE certification issued

by a certifying member of the GA UCP. It should be noted that the Airport is a non-

certifying member of the GA UCP and relies on certification decisions of the Georgia

Department of Transportation (GDOT). The GDOT certification staff applies the

standards and procedures for DBE certification applicants contained in Subparts D

and E of 49 CFR 26.61 – 26.91.

2. Small business status - A non-DBE certified potential small business concern may

have to complete a simplified application and/or provide the following information

at time of response to a solicitation or a bid submittal, as evidence of the small

business status:

a. Evidence of SBA 8(a) or SBD Certification (as described in 13 CFR Parts 121 and

124);

b. A copy of the business tax returns for the most recent three-year period

indicating the gross receipts; and/or

c. A notarized statement from a Certified Public Accountant indicating the firm’s

average gross receipts for the past three years.

3. Use of Personal Net Worth: The City, in addition to the standards for small

business concerns described above, plans to utilize the current personal net worth

standards of the DBE program (26.67), presently at $1.32 million.

E. Supportive Services

The City is a non-certifying member of the Georgia UCP. The City does not conduct DBE

certifications, but relies on certifications of GDOT. While the City also does not provide

direct supportive services or business development programs to DBEs or small

businesses, the City is aware of several valuable resources in the surrounding area. The

City will coordinate and make referrals to potential and qualifying small business

concerns to these services. Some of the resources are listed below:

Douglas Coffee County Chamber & Economic Development Authority

211 S. Gaskin Avenue

Douglas, GA 31534

Phone: 912-384-1873

http://www.douglasga.org

Small Business Development Center

Harley Langdale, Jr. College of Business Administration

Valdosta State University

1500 North Patterson Street

Valdosta, GA 31698-0077

Phone: 229-245-3738

https://www.valdosta.edu/colleges/business/small-business-development-center/

Southern Georgia Regional Commission

327 West Savannah Avenue

Valdosta GA 31601

Phone: 229-333-5277

https://sgrc.us/rd-rlf.html

Note: The Southern Georgia Regional Commission offers loan programs for small

businesses in an 18-county area in southern Georgia, including Coffee County.

F. Implementation Plan and Timetable

The City proposes to have its SBPP fully implemented within 120 days of the FAA final

approval of the plan. The City will utilize the timeframe to properly set up the program

in order to maximize the potential for ultimate success. These set-up activities will

include:

1. Review, in coordination with the Community Development Director’s office, all

upcoming projects to determine which, if any, will be conducive for application of

the selected SBPP strategy described in Section B, above.

2. Review, in coordination with the Community Development Director’s office and with

legal input, the necessary revisions and modifications to bid solicitation language,

etc., prior to implementation.

3. Coordinate properly with the Georgia UCP to initiate discussions as to whether any

changes/modifications are implicated in the UCP stakeholder agreement, due to

verification of small business concerns.

4. Coordinate with other entities currently providing relevant supportive services

and/or business development for referrals to their programs, appropriate for the

small business concerns that may contact the City to increase their competitive

opportunities at the Airport.

5. The City, during the pre-implementation period, may also seek consultation with the

representative small business community.

G. Assurances

To help ensure the successful implementation of the Small Business Participation Plan

(SBPP), the City, by way of review, accepts the following Assurances:

A detailed description of the small business program, its objectives, and how it is

designed to operate.

a. The details of the proposed program are described in sections A through G, of

this part.

Assurance that the program is authorized under state law.

a. The City’s SBPP will adhere to all applicable local and state laws and regulations.

Assurance that certified DBEs that meet the size criteria established under the

program are

presumptively eligible to participate in the program;

a. As stated in D. 4, of this section, certified DBE firms that meet the size criteria

established under the program are presumptively eligible to participate in the

small business program.

Assurance that there are no geographic preferences or limitations imposed on any

federally assisted procurement included in the program.

a. The City will assure that there will be no geographic preferences or limitations

imposed on any federally assisted procurement included in the City’s DBE

program.

Assurance that there are no limits on the number of contracts awarded to firms

participating in the program but that every effort will be made to avoid creating

barriers to the use of new, emerging, or untried businesses.

a. The City will assure that it will not limit the number of contracts awarded to firms

that are participating in the small business program. The City further assures

that it will make a concerted effort to avoid creating barriers to the use of new,

emerging, or untried businesses.

Assurance that aggressive steps will be taken to encourage those minority- and

women-owned firms that are eligible for DBE certification to become certified.

a. The City recognizes that, while some firms encountering the City’s SBPP program

may be small-business eligible, they may not be certified as DBE firms. If, in the

verification process, such firms appear to be DBE-eligible as well, they will be

referred to the state UCP and encouraged to become DBE-certified. The Airport

will also make them aware of additional potential business opportunities if they

become certified as DBEs.

Assurance that the program is open to small businesses regardless of their location

(i.e., that there is no local or other geographic preference).

a. The assurance stated in item 4, above, is also applicable to specifically to the

airport’s SBPP program as well.

H. Principal Responsible Person

The principal responsible person for overseeing and implementing the City’s SBPP will

be the currently designated Disadvantaged Business Enterprise Liaison Officer (DBELO).

The DBELO for the Airport is Ms. Georgia Henderson, Community Development

Director, City of Douglas.

Attachment 5

Overall Goal Calculation

Federal Fiscal Years (FFY) 2021 – 2023

ISADVANTAGED BUSINESS ENTERPRISE PROGRAM METHODOLOGY

FOR

DOUGLAS MUNICIPAL GENE CHAMBERS AIRPORT

DOUGLAS, GEORGIA

DECEMBER 2020

Federal Fiscal Years (FFY) 2021-2023 Overall Disadvantaged Business Enterprise (DBE) Goal

Methodology

Airport Sponsor: City of Douglas

Airport: Douglas Municipal Gene Chambers Airport

DBELO: Ms. Georgia Henderson, Community Development Director

City of Douglas

211 S. Gaskin Avenue

Douglas, GA 31533

912-383-0277

ghenderson@cityofdouglas.com

I. Detailed Methodology: Specific Steps

A. Amount of Goal

The City of Douglas’s FFY 2021-2023 overall goal for the federal financial assistance it will

expend in USDOT-assisted contracts is the following:

Overall Goal:

6.64%

FY 2021 Goal

n/a

Race-Neutral:

0.00%

FY 2022 Goal

5.38%

Race-Conscious:

6.64%

FY 2023 Goal

7.34%

The City expects to let approximately $3,234,600 in USDOT-assisted contracts for FFY

2021-2023. The City has set a goal of expending approximately $214,822 with DBE firms

during this three-year period.

B. Determination of the Market Area of the study

The normal market area is derived by determining where the substantial majority of

contracting dollars for AIP-funded projects were spent, and from where the majority of

bidders over a given period of time have come. The market area is shown below in

Table 1.

Table 1: Counties in the Local Market Area for

Douglas Municipal Gene Chambers Airport

COUNTY

Bidders

% of

bidders

Dollars

% of

dollars

Coffee

60.0%

$840,115

83.3%

Muscogee 1 20.0% $168,003 16.7%

SUBTOTAL

80.0%

$1,008,118

100.0%

Others 1 20.0% $0 0.0%

TOTAL

100.0%

$1,008,118

100.0%

Source: Michael Baker International

C. Determination of relevant NAICS codes

Based on information provided by the consulting engineer concerning the proposed

projects for this fiscal period, a list of NAICS codes corresponding to these projects was

developed and is shown below:

Table 2: Douglas Municipal Gene Chambers Airport—FFY 2021-2023 Projects & Activities

FFY 2021 Projects

PROJECT

ACTIVITY

NAICS CODE

No projects exceeding $250,000 in AIP grant funds

FFY 2022 Projects

PROJECT

ACTIVITY

NAICS CODE

Update DBE Plan FY 21-23

Engineering

541330

Airfield Electrical Update to LED -

(Construction)

Electrical

238210

Engineering; construction

administration

541330

Quality Assurance Testing

541380

Corporate Area Access Road and Sitework

including Utilities – Phase 1 (Design)

Engineering 541330

T-Hangar Taxiway Improvements - Phase 1

(South) (Design)

Engineering 541330

FFY 2023 Projects

PROJECT

ACTIVITY

NAICS CODE

Corporate Area Access Road and Sitework

including Utilities - Phase 1 (Construction)

Heavy construction

237310

Electrical

238210

Clearing, grubbing

238910

Engineering; construction

administration

541330

Quality Assurance Testing

541380

Erosion control

561730

North Corporate Hangar Area Taxiway -

Phase 1 (Construction)

Heavy construction

237310

Electrical

238210

Clearing, grubbing

238910

Engineering; construction

administration

541330

Quality Assurance Testing

541380

Erosion control

561730

T-Hangar Taxiway Improvements - Phase 1

(South) (Construction)

Heavy construction

237310

Electrical

238210

Clearing, grubbing

238910

Engineering; construction

administration

541330

Quality Assurance Testing

541380

Erosion control

561730

Rehabilitate / Overlay Terminal Apron &

Taxiway D (Design)

Engineering 541330

SOURCE: Michael Baker International

D. Determination of Relative Availability of DBEs in Market Area, Compared to all

Firms

Table 3a: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2022

UPDATE DBE PLAN FY 21-23

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Engineering 541330 17 / 253 = 6.72% x $8,100 = $544

$8,100 # $544

6.72%

TOTAL =

STEP 1 DBE Base Figure =

Table 3b: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2022

AIRFIELD ELECTRICAL UPDATE TO LED - (CONSTRUCTION)

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Electrical 238210 0 / 30 = 0.00% x $765,000 = $0

Engineeering,

construction

administration

541330 17 / 253 = 6.72% x $121,500 = $8,165

Quality assurance

testing

541380 1 / 34 = 2.94% x $13,500 = $397

$900,000 $0 $8,562

0.95%

TOTAL =

STEP 1 DBE Base Figure =

Table 3c: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2022

CORPORATE AREA ACCESS ROAD AND SITEWORK INCLUDING UTILITIES - PHASE 1 (DESIGN)

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Engineering/design

541330

17 / 253 = 6.72% x $135,000 = $9,072

$135,000 # $9,072

6.72%

TOTAL =

STEP 1 DBE Base Figure =

Table 3d: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2022

T-HANGAR AREA SITEWORK IMPROVEMENTS - PHASE 1 (SOUTH) (DESIGN)

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Engineering/design

541330 17 / 253 = 6.72% x $108,000 = $7,258

$108,000 # $7,258

6.72%

TOTAL =

STEP 1 DBE Base Figure =

Table 3e: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2023

CORPORATE AREA ACCESS ROAD AND SITEWORK INCLUDING UTILITIES - PHASE 1 (CONSTRUCTION)

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Heavy construction 237310 1 /

10 =

10.00% x $450,000 = $45,000

Electrical 238210 0 / 30

= 0.00% x $36,000 =

Clearing; grading

238910

0 /

15 = 0.00% x $216,000 = $0

Engineering/design 541330 17 / 253

= 6.72% x $121,500 = $8,165

Geotechnical

541380 1 / 34 =

2.94% x $13,500 = $397

Erosion control;

seeding

561730 2 / 55 =

3.64% x $63,000 = $2,293

$900,000 # $55,855

6.21%

TOTAL =

STEP 1 DBE Base Figure =

Table 3f: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2023

NORTH CORPORATE HANGAR AREA TAXIWAY - PHASE 1 (CONSTRUCTION)

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Heavy construction 237310

1 / 10 = 10.00% x $207,000 = $20,700

Electrical 238210 0 / 30 = 0.00% x $18,000 = $0

Clearing; grading 238910

0 / 15 = 0.00% x $9,000 = $0

Engineering/design 541330 17 / 253 = 6.72% x $44,100 = $2,964

Geotechnical 541380 1 / 34 = 2.94% x $5,400 = $159

Erosion control;

seeding

561730 2 / 55 = 3.64% x $40,500 = $1,474

$324,000 $25,296

7.81%

TOTAL =

STEP 1 DBE Base Figure =

Table 3g: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2023

T-HANGAR AREA SITEWORK IMPROVEMENTS - PHASE 1 (SOUTH) (CONSTRUCTION)

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Heavy construction

237310 1 / 10 = 10.00% x $266,400 = $26,640

Electrical

238210 0 / 30 = 0.00% x $93,600 = $0

Clearing; grading

238910 0 / 15 = 0.00% x $273,600 = $0

Engineering/design 541330 17 / 253 = 6.72% x $7,200 = $484

Geotechnical 541380 1 / 34 = 2.94% x $43,200 = $1,270

Erosion control;

seeding

561730 2 / 55 = 3.64% x $36,000 = $1,310

$720,000 $29,704

4.13%

TOTAL =

STEP 1 DBE Base Figure =

Table 3h: DBEs—Douglas Municipal Gene Chambers Airport,

by Relevant NAICS Codes—FFY 2023

REHABILITATE / OVERLAY TERMINAL APRON & TAXIWAY D (DESIGN)

Activity

NAICS

CODES

DBE

Firms

All

Firms

Percentage of

DBE Firms

Available

Grant

Amount

Breakdown

DBE

Amount

Engineering/design 541330 17 / 253 = 6.72% x $139,500 = $9,374

$139,500 $9,374

6.72%

TOTAL =

STEP 1 DBE Base Figure =

SOURCES:

1. 2018 County Business Patterns, US Census Bureau, June 25, 2020.

2. Georgia DOT UCP Directory, December 2020.

NOTE: The County Business Patterns data were used as the source to determine the denominator, or the

number of all firms in the market area. The DBE directories listed above were used to determine the

numerator, or the number of DBE firms in the market area.

Determination of the DBE Base Figure

The Step 1 DBE Base Figure for each project was derived by multiplying the grant

amount for each activity by the percentage of relevant DBE firms to all relevant firms.

The total DBE goal in dollars was divided by the total grant amount to derive the step 1

goals.

FFY 2021

n/a

FFY 2022

Update DBE Plan FY 21-23

6.72%

Airfield Electrical Update to LED - (Construction)

0.95%

Corporate Area Access Road - Phase 1 (Design)

6.72%

T-Hangar Taxiway Improvements - Phase 1 (South) (Design)

6.72%

FFY 2023

Construct Corporate Area Access Road - Phase 1 (Construction)

6.21%

North Corporate Hangar Area Taxiway - Phase 1 (Construction)

7.81%

T-Hangar Taxiway Improvements - Phase 1 (South) (Construction)

4.13%

Rehabilitate / Overlay Terminal Apron & Taxiway D (Design)

6.72%

II. Adjustments to the DBE Base Figure

After the DBE Base Figure has been developed, the regulations (49 CFR Part 26) require that:

“…additional evidence in the sponsor’s jurisdiction be considered to determine what

adjustment, if any, is needed to the base figure in order to arrive at your overall goal”

(26:45(d)).

A. Adjustment Factors to Consider

The regulations further state that there are several types of evidence that must be

considered when adjusting the base figure. These include:

“(i) The current capacity of DBEs to perform work in your USDOT-assisted contracting

program, as measured by the volume of work DBEs have performed in recent years.

“(ii) Evidence from disparity studies conducted anywhere within your jurisdiction, to the

extent it is not already accounted for in your base figure…

Table 4: Douglas Municipal Gene Chambers Airport DBE Accomplishments

REPORT

PERIOD

APPROVED

GOAL

TOTAL DBE

PERCENT

ACHIEVED

OVER/UNDER

FY 2017 9.20% 8.27% -0.93%

FY 2018 8.93% 9.84% 0.91%

MEDIAN = 9.06% -0.01%

49 CFR Part 26.45(d)(2) also states that the following must be considered for the

purposes of considering an adjustment to the base figure:

“(i) Statistical disparities in the ability of DBEs to get the financing, bonding and

insurance required to participate in your program;

(ii) Data on employment, self-employment, education, training, and union

apprenticeship programs, to the extent you can relate it to the opportunities for DBEs

to perform in your program.”

There are no local disparity studies or similar documents that can be utilized to adjust

the Step 1 DBE base figure. Several agencies were contacted, including the Georgia

Department of Economic Development (GDEcD), the Georgia DOT Equal Opportunity

Division, and the Valdosta State University’s Small Business Development Center office

in Valdosta GA. None of the entities had any disparity studies or data available for the

Douglas area, and none had any data available noting disparities regarding DBEs’ access

to bonding, capital, insurance, etc.

There are a number of programs available to DBEs. GDEcD

(http://www.georgia.org/small-business/

) has resources available for DBEs, including

certification information, legislation involving small businesses, and contact information

for small and minority business coordinators throughout the state of Georgia.

The Valdosta State University’s Small Business Development Center office in Valdosta GA

has consultants available to assist DBE firms in writing business plans; conforming to

federal government regulations; bidding on federal, state and local contracts; find

capital, etc. The agency does not conduct disparity studies, but it does provide

resources to assist DBEs in obtaining a greater opportunity to participate in federal

contracts.

B. Adjustment to Step 1 DBE Base Figure: Douglas Municipal Gene Chambers Airport,

FFY 2021-2023

With the adjustment factors considered to this point, the City will adjust the Step 1 base

figures for construction projects only. The overall DBE goal calculation is shown below

in Table 5.

Table 5: Overall DBE Goal Calculation

Fiscal Year Project

Step 1

Base

Figure

Step 2

adjustment

Overall

Goal

Federal

portion

project costs

DBE Goal

(dollars)

FFY 2021

n/a

Update DBE Plan FY 21-23

6.72% n/a 6.72% $8,100 $544

Airfield Electrical Update to LED

- (Construction)

0.95% 9.06% 5.01% $900,000 $45,045

Corporate Area Access Road -

Phase 1 (Design)

6.72% n/a 6.72% $135,000 $9,072

T-Hangar Taxiway

Improvements - Phase 1 (South)

(Design)

6.72% n/a 6.72% $108,000 $7,258

5.38% $1,151,100 $61,919

Construct Corporate Area

Access Road - Phase 1

(Construction)

6.21% 9.06% 7.64% $900,000 $68,715

North Corporate Hangar Area

Taxiway - Phase 1

(Construction)

7.81% 9.06% 8.44% $324,000 $27,329

T-Hangar Taxiway

Improvements - Phase 1 (South)

(Construction)

4.13% 9.06%

6.60% $720,000 $47,484

Rehabilitate / Overlay Terminal

Apron & Taxiway D (Design)

6.72% n/a 6.72% $139,500 $9,374

7.34% $2,083,500 $152,903

6.64% $3,234,600 $214,822

FFY 2021 - 2023 Overall DBE Goal

n/a

FFY 2021 Total

FFY 2022

FFY 2022 Total

FFY 2023

FFY 2023 Total

Resources: Douglas Municipal Gene Chambers Airport - Disadvantaged Business

Enterprise Program Methodology (FFY 2021 – 2023)

A. Resource Documents:

1. 2018 County Business Patterns, U.S. Census Bureau, June 25, 2020.

2. Georgia UCP Directory, December 2020.

B. Persons, and/or Agencies Consulted with:

1. Georgia Department of Economic Development (GDEcD)

2. Georgia DOT Equal Opportunity Division

3. Valdosta State University Small Business Development Center – Valdosta GA

APPENDIX A:

PUBLIC COMMENTS

There were no public comments received for the DBE program plan. The notice to the public

was posted to https://www.cityofdouglas.com/95/Airport

A public consultation meeting was held via a web conference on January 12, 2021 at 2:30 p.m.

Invitations were sent to prime contractors, subcontractors, DBE firms and minority/women-

owned business firms, and to contractor organizations (Georgia Hispanic Construction

Association, Georgia Black Constructors Association). There were 22 invitations sent, and there

were five participants. Questions and comments, and their responses, are listed below.

Q: Out of $3.2 million, the goal is only $214,822?

A: Yes. The goal is 6.64%, based on the relative availability of DBE firms in the

market area. The actual accomplishments may depend on the bids that come in.

The market area may change as well depending on the bids that come in for

these projects.

Comment: The Airport did exceed the DBE goal in the last year it received an AIP

grant.

Response: That is great. The DBE program is a good faith efforts program, so there are

times when a recipient may not meet a goal, but there are times when the goal is

exceeded, or the prime contractor who wins the contract happens to be a DBE.

APPENDIX B:

NOTICE TO THE PUBLIC

http://www.cityofdouglas.com/95/Airport

Attachment 6

Breakout of Estimated Race-Neutral

& Race-Conscious Participation

I. Breakout of Estimated Race-Conscious/Race-Neutral Participation

The City will meet the maximum feasible portion of its overall goal by using race-neutral

means of facilitating DBE participation. The City will use a combination of the following

race-neutral means to increase DBE participation:

 Arranging solicitations, times for the presentation of bids, quantities, specifications, and

delivery schedules in ways that facilitate DBE, and other small businesses participation

(e.g., unbundling large contracts to make them more accessible to small businesses,

encouraging prime contractors to subcontract portions of work that they might

otherwise perform with their own forces);

 Disseminating information on contracting procedures and specific contract

opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on

recipient mailing lists for bidders, ensuring the dissemination to bidders on prime

contracts of lists of potential subcontractors).

The City estimates that, in meeting its overall goal of 6.64%, that it will obtain the goal

through race-conscious measures (i.e. contract goals). The Airport’s median DBE

accomplishment was negative (see

Attachment 5, Table 4), the Airport did not meet its DBE

goal. Therefore, the goal is projected to be met via race-conscious measures (i.e. contract

goals) for this fiscal three-year period.

The City will adjust the estimated breakout of race-neutral and race-conscious participation

as needed to reflect actual DBE participation (26.51(f)) and it will track and report race-

neutral and race-conscious participation separately. For reporting purposes, race-neutral

DBE participation includes, but is not necessarily limited to, the following:

 DBE participation through a prime contract a DBE obtains through customary

competitive procurement procedures;

 DBE participation through a subcontract on a prime contract that does not carry a DBE

goal; and

 DBE participation on a prime contract exceeding a contract goal.

II. Process

The City will normally submit its overall goal to the FAA by August 1 of the required year of

submission for general aviation airports in the FAA’s Southern Region.

In establishing the overall goal, the City provided for consultation and publication. The

consultation included minority-, women’s and general contractor groups, and small

business organizations that could be expected to have information concerning the

availability of disadvantaged and non-disadvantaged businesses, the effects of

discrimination on opportunities for DBEs, and the City’s efforts to establish a level playing

field for the participation of DBEs. The consultation included a scheduled, direct, interactive

exchange via a web conference with as many interested stakeholders as possible focused

on obtaining information relevant to the City’s goal setting process. The consultation web

conference was held on January 11, 2021, prior to the submission of the DBE goal

methodology to the FAA for review, pursuant to paragraph (f) of this section. The City

documented in the goal submission the consultation process that was utilized (see

Appendix A of Attachment 5

Following this consultation, the City published a notice of the proposed overall goal, that

informed the public that the proposed goal and its rationale were available for inspection

during normal business hours at the office of the Community Development Director for 30

days from the date of the notice. The notice was posted at

http://www.cityofdouglas.com/95/Airport

The City will begin using the overall goal on October 1 of the required year of submission,

unless the City has received other instructions from USDOT/FAA (or, if the goal is

established on a project basis) by the time of the first solicitation for a USDOT/FAA-assisted

contract for the projects.

III. Contract Goals

The City will use contract goals to meet any portion of the overall goal that the City does not

project being able to meet using race-neutral means. Contract goals are established so

that, over the period to which the overall goal applies, they will cumulatively result in

meeting any portion of its overall goal that is not projected to be met through the use of

race-neutral means.

The City will establish contract goals only on those USDOT-assisted contracts that have

subcontracting possibilities. The City does not need to establish a contract goal on every

such contract, and the size of contract goals will be adapted to the circumstances of each

such contract (e.g., type and location of work, availability of DBEs to perform the particular

type of work).

The City will express its contract goals as a percentage of the total amount of a USDOT-

assisted contract.

Attachment 7

Form 1 & 2 for Demonstration of

Good Faith Efforts

CITY OF DOUGLAS

FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION

The undersigned bidder/offeror has satisfied the requirements of the bid specification in the

following manner (please check the appropriate space):

_____ The bidder/offeror is committed to a minimum of ____ % DBE utilization on this

contract.

_____ The bidder/offeror (if unable to meet the DBE goal of ____%) is committed to a

minimum of ____% DBE utilization on this contract and has submitted documentation

demonstrating good faith efforts.

Name of bidder/offeror’s firm: ______________________________________

State Registration No. ____________________

By ___________________________________ ______________________

(Signature) Title

CITY OF DOUGLAS

FORM 2: LETTER OF INTENT

Name of bidder/offeror’s firm: _______________________________

Address: ________________________________________________

City: _____________________________ State: _______ Zip: ______

Name of DBE firm: ________________________________________

Address: _________________________________________________

City: ________________________________State: _______ Zip: _____

Telephone: ___________________

Description of work to be performed by DBE firm:

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

The bidder/offeror is committed to utilizing the above-named DBE firm for the work

described above. The estimated dollar value of this work is $ ___________.

Affirmation

The above-named DBE firm affirms that it will perform the portion of the contract for the

estimated dollar value as stated above.

By __________________________________________________________

(Signature) (Title)

If the bidder/offeror does not receive award of the prime contract, any and all

representations in this Letter of Intent and Affirmation shall be null and void.

(Submit this page for each DBE subcontractor.)

Attachment 8

Certification Application Forms

The DBE certification application for the

State of Georgia may be found at

http://www.dot.ga.gov/PS/Business/DBE.

Attachment 9

Regulations: 49 CFR Part 26

The federal regulations,

Title 49

Code of Federal

Regulations

Part 26, may be found at

www.ecfr.gov.

Attachment 10

Bidders List Data Form

BIDDERS LIST DATA FORM

Firm Name

Firm Address

and Phone No.

DBE or

Non-DBE

Status

(verify via

GDOT DBE

Directory)

Age of Firm

Annual Gross

Receipts

 DBE

 Non-DBE



Less than 1 year

 1- 3 years

 4-7 years

 8-10 years



More than 10 years



Less than $500K

 $500K - $1M

 $1-2M

 $2-5M



Greater than $5M

 DBE

 Non-DBE



Less than 1 year

 1- 3 years

 4-7 years

 8-10 years



More than 10 years



Less than $500K

 $500K - $1M

 $1-2M

 $2-5M



Greater than $5M

 DBE

 Non-DBE

 Less than 1 year

 1- 3 years

 4-7 years

 8-10 years

 More than 10 years

 Less than $500K

 $500K - $1M

 $1-2M

 $2-5M

 Greater than $5M

 DBE

 Non-DBE



Less than 1 year

 1- 3 years

 4-7 years

 8-10 years

 More than 10 years



Less than $500K

 $500K - $1M

 $1-2M

 $2-5M

 Greater than $5M

 DBE

 Non-DBE



Less than 1 year

 1- 3 years

 4-7 years

 8-10 years



More than 10 years



Less than $500K

 $500K - $1M

 $1-2M

 $2-5M



Greater than $5M

 DBE

 Non-DBE



Less than 1 year

 1- 3 years

 4-7 years

 8-10 years



More than 10 years



Less than $500K

 $500K - $1M

 $1-2M

 $2-5M



Greater than $5M

 DBE

 Non-DBE

 Less than 1 year

 1- 3 years

 4-7 years

 8-10 years



More than 10 years

 Less than $500K

 $500K - $1M

 $1-2M

 $2-5M



Greater than $5M

 DBE

 Non-DBE



Less than 1 year

 1- 3 years

 4-7 years

 8-10 years

 More than 10 years



Less than $500K

 $500K - $1M

 $1-2M

 $2-5M

 Greater than $5M

 DBE

 Non-DBE



Less than 1 year

 1- 3 years

 4-7 years

 8-10 years

 More than 10 years



Less than $500K

 $500K - $1M

 $1-2M

 $2-5M

 Greater than $5M

Download
Save PDF to desktop

Email
Email completed PDF

Send for Signing
Email for others to sign

Print
Print document

NAME

7483 View DBE Program And Methodology

View Audit Log
Print With Audit Log
Duplicate Document

Fill Online, Printable, Fillable, Blank 7483 View DBE Program And Methodology Form

Related forms

Fillable 7483 View DBE Program And Methodology

Fill Online, Printable, Fillable, Blank 7483 View DBE Program And Methodology Form

Related forms

First 20 documents completely FREE!