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DBE Program Information Presentation

DBE Program Information Presentation. Caltrans Division of Local Assistance. What is the Purpose of this Meeting?. To provide information to local agencies concerning: the transition and implementation of a Race Conscious DBE program

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DBE Program Information Presentation

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  1. DBE Program Information Presentation Caltrans Division of Local Assistance

  2. What is the Purpose of this Meeting? To provide information to local agencies concerning: • the transition and implementation of a Race Conscious DBE program • race conscious measures applied only to under-utilized DBEs.

  3. Where Were from 5/1/06 to 3/3/09: • Race Neutral Program • No Contract goals • No Good Faith Efforts • Employing Race Neutral Measures only

  4. Summary of Events 2006-2008 • 9th Circuit Court Decision • Established new standards to justify use of goals • Recipients must first determine if discrimination exists before applying contract goals Therefore Caltrans: • Held DBE Public forums • Implemented a wholly Race Neutral Program • Conducted a Disparity Study

  5. Summary of Events (cont.) • Disparity Study Findings • Disparity found in four of the six groups • African Americans • Asian Pacific • Native Americans • Women • At or near parity for Hispanic and Subcontinent Asian Males

  6. Summary of Events (cont.) • Requested Waiver from US Department of Transportation has been approved • 49 CFR Part 26.45(h) does not allow for placing race or gender specific contract goals • 49 CFR Part 26.15 does allow for a waiver as long as the waiver allows the recipient to achieve the objectives of the DBE program • Objective: To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts

  7. Summary of Events (cont.) • FHWA approved DBE Goal for Federal Fiscal Year 2009 on February 25, 2009: • 6.75% Race Neutral; 6.75% Race Conscious • Contract Goals limited to Underutilized DBEs (UDBEs): African American, Native American, Asian Pacific American, and Women • All DBE participation (including Hispanic and Sub Continent Asian participation) is counted towards the Race Neutral portion of the overall DBE Goal

  8. Where are we now…….. • Letter from Caltrans Director Kempton to Construction Community • Letter from Denix Anbiah, Division Chief, Caltrans Division of Local Assistance to Local Agencies

  9. Posted on the DLA website • Letters (Kempton, Anbiah) • Boilerplate Specs (estimated available March 27) • DBE Forms (including LAPM, Exhibit 9A: DBE Implementation Agreement) • Frequently Asked Questions • Guidance (Good Faith Effort, Calculating Annual Anticipated DBE Percentage Levels) • See “Announcements” on the Local Assistance website: http://www.dot.ca.gov/hq/LocalPrograms/

  10. Local Agencies • How will the approved Race Conscious DBE program affect local agencies’ federally funded transportation contracts? • Will local agencies have a transition period? • What actions must local agencies take? • Is there any training available?

  11. Affect on local agency contracts • Overall Statewide DBE Goal & Methodology has both Race Conscious and Race Neutral components • Continue to Implement Race Neutral measures • Reinstate contract goals (Race Conscious measures) • Reinstate Good Faith Efforts: • In meeting Contract Goal • In substitutions during contract administration • Contract goals and Good Faith Efforts will be limited to UDBEs only

  12. Local Agency Transition Period • Local Agencies have until June 2, 2009 to adopt the Race Conscious DBE Implementation Agreement • Strongly encourage local agencies to adopt the Race Conscious DBE Implementation Agreement, to the greatest extent possible, in 60 days. • After June 2, 2009, no contracts will be awarded without contract goals.

  13. Actions to take to Transition • Action to take NOW: Review any work that you have and determine the UDBE availability and calculate contract goals for contracts you plan to award after June 2, 2009 • Action to take NOW: Download the LAPM Exhibit 9A: DBE Implementation Agreement and get it adopted by your local agency • Any Requests for Authorizations to Proceed may be submitted with Race Conscious requirements while your Race Conscious DBE Implementation Agreement is in process of adoption.

  14. Annual Submittals (Exhibit 9B) • The 2009 Annual Submittals (LAPM Exhibit 9B) will not have to be resubmitted • The 2010 Annual Submittals are due June 1, 2009 and should reflect a Race Conscious DBE Program. • Guidance for Calculating AADPLs with UDBEs is posted on the Local Assistance website

  15. DBE Training • UC Berkeley will be providing DBE Program Training during the month of April • Training will be provided in each of the Caltrans Districts • District Training Coordinators will be notifying local agencies of the schedule when finalized by UC Berkeley

  16. Caltrans and local agencies’ goal • Meet or exceed the Overall Statewide DBE Goal • Utilize DBEs • Report DBE/UDBE Commitments and Utilization • Employ Race Neutral Measures

  17. Questions?

  18. You are representing your agency at this meeting. Please share this information with all relevant parties at your agency. Thank You

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