2004/12/08 Council Agenda Packet

2 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROVISION 49 CFR Part 26 The Federal Department of Transportation's policies concerning Disadvantaged Business Enterprise (DBE)participation in programs of the Federal Transit Administration are set forth in 49 CFR Part 26. 49 CFR Part 26 supersedes the previous DBE regulation, 49 CFR Part 23, subparts A and C through E. a. Policy. As a recipient of Federal Transit Administration assistance,the City of Everett(Everett Transit) establishes a DBE program to ensure that all businesses are provided equal access to contracts without discrimination and without regard to race, color, sex, or national origin. In order to provide equal access, aspirational goals for participation by firms which have historically been at a social and economic disadvantage will be set and annually reviewed. It is expected that prime contractors will make good faith efforts to utilize DBEs and remove obstacles to DBE participation. The Washington State Office of Minority and Women Business Enterprises (OMWBE) has legislative authority to perform DBE certifications and decertification for public agencies in the State of Washington, and to ensure eligibility of certified firms for Department of Transportation projects. b. Definitions (1) Disadvantaged business enterprise means a for-profit small business concern (a)that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or in the case of a corporation, 51 percent or more of the stock of which is owned by one or more such individuals; and (b)whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (2) Small business concern means, with respect to firms seeking to participate as DBEs in FTA 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 49 CFR 26.65(b). The cap, as of April 1, 1999, is set at$16.6 million in average annual gross receipts over the firm's previous three fiscal years. (3) Socially and economically disadvantaged individuals means any individual who is a citizen(or lawfully admitted permanent resident) of the United States and who is— (a) Any individual who the City of Everett (Everett Transit) finds to be a socially and economically disadvantaged individual on a case-by-case basis. (b) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: (1) `Black Americans,"which includes persons having origins in any of the Black racial groups of Africa; 14 SCOPE OF SERVICES,PAGE 11 OF 17