Florida Administrative Code › 14 - DEPARTMENT OF TRANSPORTATION › 14 - Departmental › Chapter 14-78 - PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES › Section 14-78.005 - Participation by Disadvantaged Business Enterprises

Current through Reg. 50, No. 138; July 16, 2024
(1) The major
				purpose of the Disadvantaged Business Enterprise (DBE) Program is to assure
				nondiscrimination and DBE utilization in road and bridge construction and
				maintenance projects. Contractors are required to comply with the following
				special provision contained in all road and bridge contracts:
Special Provision for DBE
							 Contracts
General.
Prior to award of the contract,
							 have an approved DBE Affirmative Action Program Plan filed with the Equal
							 Opportunity Office. Update and resubmit the plan every three years. No contract
							 will be awarded until the Department approves the Plan. The DBE Affirmative
							 Action Program Plan and commitment to carry out the Plan must be incorporated
							 into and become part of the awarded contract. Per
							 49 C.F.R.
							 26.13(b) each Contract FDOT
							 signs with a Contractor (and each subcontract the prime contractor signs with a
							 subcontractor) must include the following assurance: "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 C.F.R. Part 26 in the
							 award and administration of DOT-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."
Plan Requirements.
Include the following
							 in the DBE Affirmative Action Program Plan:
A policy statement, expressing a commitment to use
							 DBEs in all aspects of contracting to the maximum extent feasible. The policy
							 making body must issue a policy statement signed by the chairperson, which
							 expresses its commitment to utilize DBEs, outlines the various levels of
							 responsibility, and states the objectives of the program. Circulate the policy
							 statement throughout the Contractor's organization.
The designation of a Liaison Officer with the
							 contractor's organization, as well as support staff, necessary and proper to
							 administer the program, and a description of the authority, responsibility, and
							 duties of the Liaison Officer and support staff. The Liaison Officer and staff
							 are responsible for developing, managing, and implementing the program on a
							 day-to-day basis for carrying out technical assistance activities for DBEs and
							 for disseminating information on available business opportunities so that the
							 DBEs are provided an equitable opportunity to participate in contracts let by
							 the Department. Use techniques to facilitate DBE participation in contracting
							 activities which include:
1. Soliciting price quotations and arranging a time
							 for the review of plans, quantities, specifications, and delivery schedules,
							 and for the preparation and presentation of quotations.
2. Providing assistance to DBEs in overcoming
							 barriers such as the inability to obtain bonding, financing, or technical
							 assistance.
3. Carrying out information and communication
							 programs or workshops on contracting procedures and specific contracting
							 opportunities in a timely manner, with such programs being bilingual, where
							 appropriate.
4. Encouraging eligible DBEs to apply for
							 certification with the Department.
5. Contacting Minority Contractor Associations and
							 city and county agencies with programs for disadvantaged individuals for
							 assistance in recruiting and encouraging eligible DBE contractors to apply for
							 certification with the Department.
DBE Records and Reports.
Submit the
							 Anticipated DBE Participation Statement at or before the Pre-construction
							 Conference. Report monthly, through the Equal Opportunity Reporting System, on
							 the Department's website, actual payments, retainage of all DBE and Minority
							 Business Enterprise (MBE) subcontractors and DBE and MBE construction material
							 and major suppliers. The Equal Opportunity Office will provide instructions on
							 accessing this system. Develop a record keeping system to monitor DBE
							 affirmative action efforts which include the following:
1. The procedures adopted to comply with these
							 specifications;
2. The number of subordinated contracts on Department
							 projects awarded to DBEs;
3. The dollar value of the contracts awarded to
							 DBEs;
4. The percentage of the dollar value of all
							 subordinated contracts awarded to DBEs as a percentage of the total contract
							 amount;
5. A description of the general categories of
							 contracts awarded to DBEs; and,
6. The specific efforts employed to identify and
							 award contracts to DBEs.
Upon request, provide the records to the Department
							 for review.
All such records are required to be maintained for a
							 period of five years following acceptance of final payment and available for
							 inspection by the Department and the Federal Highway Administration.
(2)
				49 C.F.R. Part 26 (10-1-08 Edition) is incorporated herein by reference and
				adopted by the Department for participation by disadvantaged business
				enterprises in the Department's federally funded projects. The provisions of 64
				Federal Register No. 21, February 2, 1999, and 68 Federal Register No. 115,
				June 16, 2003, and 72 Fed. Register No. 62, April 2, 2007, are available from
				the Department for informational purposes only. They also can be obtained on
				the Internet at http://www.gpoaccess.gov/fr/index.html.
Rulemaking Authority
					 337.125,
					 337.137,
					 339.0805 FS. Law Implemented
					 337.125,
					 337.137,
					 339.0805
					 FS.
New 12-9-81, Amended 5-23-84, Formerly 14-78.05, Amended
					 9-21-87, 5-4-88, 6-24-91, 12-2-93, 4-30-96, 8-31-04,
					 5-3-09.