Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 4 - Office of Minority Affairs › Section 600 KAR 4:010 - Certification of disadvantaged business enterprises

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:  49 C.F.R. Parts 23, 26, 15 U.S.C. 637(a), (d), (m), Titles   23 U.S.C., 49 U.S.C.,  Pub. L. 114-94
NECESSITY, FUNCTION, AND CONFORMITY:  49 C.F.R. 26.3 and  26.21  require that recipients of federal-aid highway funds authorized under Titles I
				and V of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA),
				Titles 23 and 49 U.S.C., or Titles I, III, and V of the Transportation Equity
				Act for the 21st Century (TEA-21), and Fix America's Surface Transportation Act
				of 2015 (FAST),  Pub. L. 114-94, from the United States Department of
				Transportation (USDOT) implement a program to ensure nondiscrimination in the
				award and administration of USDOT-assisted contracts in its highway financial
				assistance programs. The Kentucky Transportation Cabinet, as a recipient of
				these funds, is required by  49 C.F.R. 26.21  to have a program that requires the
				participation of disadvantaged, minority, and women-owned business enterprises
				in contracts financed in whole or in part with these funds. This administrative
				regulation establishes the requirements for certification of DBE firms pursuant
				to federal law.
Section 1.
			 Definitions.
(1) "ACDBE" means an Airport
			 Concession Disadvantaged Business Enterprise as defined by  49 C.F.R. 23.3(2).
(2) "Applicant" or "firm"
			 means any corporation, partnership, sole proprietorship, or joint venture
			 applying with the Transportation Cabinet for certification or continuation as a
			 disadvantaged business enterprise.
(3) "Approval" means that the applicant has
			 been determined by the DBE Certification Committee to comply with the
			 disadvantaged business enterprise eligibility criteria as established in   49
			 C.F.R. Part 26  , Subpart D and   49 C.F.R. Part 23.
(4) "Cabinet" means the Transportation
			 Cabinet.
(5) "Certification" means
			 the process used by the Transportation Cabinet to determine if an applicant
			 complies with the disadvantaged business enterprise criteria established in 49
			 C.F.R. Part 26, Subpart D and 49 C.F.R. Part 23.
(6) "Denial" means the cabinet has determined
			 that the applicant does not comply with the disadvantaged business enterprise
			 eligibility criteria established in  49 C.F.R. Part 26 , Subpart D and as
			 required by this administrative regulation.
(7) "Department" or "DOT" means the United
			 States Department of Transportation.
(8) "Disadvantaged business enterprise" or
			 "DBE" is defined by  49 C.F.R. 26.5, Subpart D.
(9) "Ineligibility complaint" means an action
			 of a third party alleging verbally or in writing that a firm is ineligible to
			 participate in the DBE program.
(10) "Notice" means a written notice from the
			 Transportation Cabinet or Office for Civil Rights and Small Business
			 Development delivered via certified mail to the business address listed on the
			 application form.
(11) "On-site
			 visit" means an interview conducted by the Office of Civil Rights and Small
			 Business Development with principals of the firm at its primary place of
			 business, reviewing business-related documents, and inspecting business
			 facilities or equipment pursuant to  49 C.F.R. 26.83(c).
(12) "Program" is defined by  49 C.F.R. 26.5.
(13) "Removal" or "removed"
			 means that a firm or business enterprise that has been certified by the cabinet
			 as a disadvantaged business enterprise has been determined to be ineligible,
			 and is no longer entitled to the rights and privileges of a firm or business
			 that has been certified by the cabinet as a disadvantaged business
			 enterprise.
(14) "Small Business
			 Administration" or "SBA" is defined by  49 C.F.R. 26.5.
(15) "Small business concern" is defined by
			  49 C.F.R. 26.5.
(16) "Socially and
			 economically disadvantaged individual" is defined by  49 C.F.R. 26.5.
(17) "Unified Certification Program" or "UCP"
			 is defined by  49 C.F.R. 26.81.
(18)
			 "USDOT" means the United States Department of Transportation.