reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6101 - Public Transit › Chapter 53020 - Intercity Bus Program › Purpose › Section 37-1-6101-53020-101

Current through June 25, 2024
Describes eligibility requirements, application
						procedures, administrative and approval requirements for public transportation
						projects funded from the Intercity Bus Program.
1. MDOT recognizes the provisions of 49
					 U.S.C. Section 5311(f) and the guidance contained in FTA Circular 9040 1.E,
					 "Nonurbanized Area Formula Program Guidance" as the basis for the Intercity Bus
					 Program (ICB). (Both are available though the FTA website-
www.fta.dot.gov
.)
2. Through the Public Transit Division, the
					 MDOT will develop, implement and support projects that improve accessibility
					 and availability of intercity bus services. Significant emphasis is to be
					 placed on coordinating resources of existing public and private
					 resources.
3. The ICB program will
					 be administered, to the extent practical, in accordance with the provisions of
					 the most current MDOT's State Management Plan for Federal Transit
					 Administration funded Transportation Programs. (Available from the Public
					 Transit Division)
4. For the
					 purposes of this rule and applications submitted to the MDOT, intercity bus
					 service is defined as regularly scheduled bus service for the general public
					 which operates with limited stops over fixed routes connecting to two or more
					 urban areas that are not in close proximity; which may have the capacity for
					 transporting passengers' baggage and; service that makes specific planned
					 connections with established intercity bus service, where such service is
					 available. Dedicated commuter service is not included in this
					 definition.
5. Chapter IX, Parts
					 F-I of the above referenced plan provides more specific guidance on eligible
					 recipients, eligible activities, project selection, application procedures and
					 the optional exemption. (This document is available from the Public Transit
					 Division.)
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00100 - Americans with Disabilities Act (ADA) Policy Statement › AMERICANS WITH DISABILITIES ACT (ADA) POLICY STATEMENT › Section 37-1-6203-00100-200

Current through June 25, 2024
An individual with a disability is a person who:
* Has a physical or mental impairment that substantially
						limits one or more major life activities;
* has a record of such an impairment; or
* is regarded as having such
						impairment.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00100 - Americans with Disabilities Act (ADA) Policy Statement › AMERICANS WITH DISABILITIES ACT (ADA) POLICY STATEMENT › Section 37-1-6203-00100-201

Current through June 25, 2024
The Mississippi Department of Transportation will make a
						reasonable accommodation for the known disability of a qualified applicant or
						employee if it does not impose an undue hardship on the
						agency.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00100 - Americans with Disabilities Act (ADA) Policy Statement › AMERICANS WITH DISABILITIES ACT (ADA) POLICY STATEMENT › Section 37-1-6203-00100-202

Current through June 25, 2024
The Mississippi Department of Transportation strictly
						prohibits retaliation against any employee or applicant exercising rights
						granted by the ADA. Any coercion, intimidation, threats, harassment or
						interference in the exercise of an employee or applicant's rights granted under
						the ADA, or of the encouragement of someone else's exercise of rights granted
						by the ADA, is strictly prohibited.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00200 - Equal Employment Opportunity › Purpose › Section 37-1-6203-00200-101

Current through June 25, 2024
The Mississippi Department of Transportation will not
						discriminate on the basis of race, color, religion, national origin, sex, age,
						disability, and political affiliation with regard to employment practices
						including recruitment, placement, transfer, promotion, training, demotion,
						discipline, and termination.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00200 - Equal Employment Opportunity › EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY STATEMENT › Section 37-1-6203-00200-200

Current through June 25, 2024
It is the policy of the Mississippi Department of
						Transportation to afford equal employment opportunities to each applicant or
						employee in all employment practices including recruitment, placement,
						transfer, promotion, training, demotion, discipline, and termination without
						regard to race, color, religion, national origin, sex, age, disability, and
						political affiliation.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00200 - Equal Employment Opportunity › EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY STATEMENT › Section 37-1-6203-00200-201

Current through June 25, 2024
The Mississippi Department of Transportation shall assure
						equal employment opportunity to qualified disabled applicants or employees. The
						Americans with Disabilities Act of 1990 defines qualified individuals as people
						who with or without reasonable accommodations can perform the essential
						functions of the job.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00200 - Equal Employment Opportunity › EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY STATEMENT › Section 37-1-6203-00200-202

Current through June 25, 2024
Sexual harassment is a prohibited practice which violates
						the sex discrimination provisions of Title VII of the Civil Rights Acts of
						1964. The Department charges each and every manager and supervisor with the
						responsibility to ensure that the workplace is free from sexual
						harassment.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00200 - Equal Employment Opportunity › EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY STATEMENT › Section 37-1-6203-00200-203

Current through June 25, 2024
For specific grievance procedures, employees may refer to
						the Mississippi State Employee Handbook or contact their Equal Employment
						Opportunity (EEO) Officer.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00200 - Equal Employment Opportunity › EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY STATEMENT › Section 37-1-6203-00200-204

Current through June 25, 2024
The Mississippi Department of Transportation shall
						implement and strive by good faith efforts to achieve the goals established by
						its Affirmative Action Program. There shall be involvement, commitment and
						support of executives, managers, supervisors, and employees.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00200 - Equal Employment Opportunity › EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY STATEMENT › Section 37-1-6203-00200-205

Current through June 25, 2024
All managers and supervisors are herewith notified they
						are fully obligated to ensure that this policy is adhered in all transactions
						involving employees or potential employees. The major responsibility shall be
						the recognition and removal of any barriers to equal employment opportunity,
						identification of problem areas, and of persons unfairly excluded or held back
						and action enabling them to compete for jobs on an equal basis. Any violation
						of this policy or state and federal laws ensuring equal employment
						opportunities shall be reported immediately to the Equal Employment Opportunity
						Officer.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › Purpose › Section 37-1-6203-00300-100

Current through June 25, 2024
To comply with Title VI of the Civil Rights Act of 1964,
						as amended, authority has been delegated to the Civil Rights Director
						(hereinafter CRD) for civil rights compliance. The procedures set out in the
						Title VI Implementation Plan are intended to identify the responsibilities
						between the CRD and MDOT Divisions and District Offices for prompt processing
						and disposition of Title VI complaints received directly by MDOT to the end
						that no person in the United States shall, on the grounds of race, color,
						national origin, sex, age, handicap, or disability, be excluded from
						participation in, be denied the benefits of, or be otherwise subjected to
						discrimination under any program or activity receiving Federal financial
						assistance from the U.S. Department of Transportation including the Federal
						Highway Administration.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › Purpose › Section 37-1-6203-00300-101

Current through June 25, 2024
Such discrimination is also prohibited against the
						traveling public and business users of the federally-assisted highways in their
						access to and use of the facilities and service provided for public
						accommodations (such as eating, sleeping, rest, recreation, and vehicle
						servicing) constructed on, over, or under the right-of-way of such highways or
						on property which is disposed of by the Department. In addition, such
						discrimination by the Department and its agents is prohibited against eligible
						persons in making relocation payments and in providing relocation advisory
						assistance where relocation is necessitated by highway right-of-way
						acquisitions.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › Purpose › Section 37-1-6203-00300-102

Current through June 25, 2024
This document is issued by the Mississippi Department of
						Transportation (hereinafter MDOT) which sets forth procedures for enforcing the
						requirements of Title VI of the Civil Rights Act of 1964 with respect to the
						filing, processing, investigating, and disposing of complaints of
						discrimination.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › SCOPE › Section 37-1-6203-00300-200

Current through June 25, 2024
A.
MDOT.
The procedures apply to
						all Divisions and Districts under the authority of the
						Department.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › SCOPE › Section 37-1-6203-00300-201

Current through June 25, 2024
B.
Sub recipients and
						Contractors
. These procedures apply to all MDOT's primary and
						secondary recipients of federal-aid, including contractors and
						subcontractors.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › FILING OF COMPLAINTS › Section 37-1-6203-00300-300

Current through June 25, 2024
A.
Who May File A Complaint
. Any
						person who believes that he or she, any specific class of persons, or in
						connection with any disadvantaged business enterprise, has been subjected to
						discrimination prohibited by Title VI of the Civil Rights Act of 1964 may by
						himself or herself or by a representative file a complaint. The basis of the
						discrimination charge would include race, color, national origin, sex, age,
						handicap, or disability, or retaliation for opposing any practice made unlawful
						by Title VI and its parallel statutes or for participating in any stage of
						administrative or judicial proceedings under such laws prohibiting
						discrimination.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › FILING OF COMPLAINTS › Section 37-1-6203-00300-301

Current through June 25, 2024
B.
Computation of Time for
						Filing.
1. The complainant
					 must file a complaint not later than 180 days after:
a. The date of the occurrence of the alleged
					 discrimination; or
b. Where there
					 has been a continuing course of prohibited conduct, the date on which the
					 conduct was discontinued.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › FILING OF COMPLAINTS › Section 37-1-6203-00300-302

Current through June 25, 2024
C.
Contents of Complaints
.
						Complaints shall be in writing and shall be signed by the complainant and/or
						the complainant's representative. In addition, each complaint should contain
						the following:
1. The full name,
					 address and telephone number of the person making the complaint;
2. The full name(s) and address(es) of the
					 person(s), governmental entity, or business organization(s) against whom the
					 complaint is made (the respondent);
3. A statement setting forth as fully as
					 possible the facts and circumstances surrounding the claimed discrimination
					 including the date of the alleged unlawful act(s) or event(s) and explanation
					 of efforts, if any, that the complainant attempted to make to resolve the
					 complaint's issues with the respondent; and
4. A statement disclosing whether the
					 complaint or other statement describing the alleged discriminatory act(s) or
					 event(s) has been filed with other State, Local or Federal agencies and, if so,
					 the dates of such filings, the name, and address of the agencies.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › FILING OF COMPLAINTS › Section 37-1-6203-00300-303

Current through June 25, 2024
In the event that a person makes a verbal complaint of
						discrimination to an official or employee of MDOT, the official or employee
						should report the complaint to the designated Division or District Title VI
						Coordinator or to the CRD. The Title VI Coordinator or CRD will then interview
						the person making the verbal complaint. If necessary, the Title VI Coordinator
						will assist the person in reducing the complaint to writing and submit the
						written version of the complaint to the person for signature and verification.
						The complaint will then be handled in the manner as herein set forth.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › PROCESSING OF COMPLAINTS › Section 37-1-6203-00300-400

Current through June 25, 2024
Complaints must be processed internally according to
						S.O.P. No. ADM-09-01-00-000.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › PROCESSING OF COMPLAINTS › Section 37-1-6203-00300-401

Current through June 25, 2024
Dismissals of Complaints. A complaint will be dismissed
						for the following reasons:
Where the complainant fails or refuses to provide
						requested information, fails or refuses to appear or to be available for
						interviews or conferences as determined necessary, or otherwise fails or
						refuses to cooperate with MDOT's inquiries or investigation.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › INVESTIGATIONS › Section 37-1-6203-00300-500

Current through June 25, 2024
A. Within 45 days of the complaint receipt date, an
						investigation will be conducted and completed. The identity of complainants
						will be kept confidential except to the extent necessary to satisfy the
						requirements of these procedures and federal law, including the conduct of any
						investigation, hearing, or judicial proceeding.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00300 - Complaint Procedures For The Ms Department Of Transportation Under Title Vi Of The Civil Rights Act Of 1964, As Amended › INVESTIGATIONS › Section 37-1-6203-00300-501

Current through June 25, 2024
B.
Resolution of Complaints.
Within 90 days of receipt of a complaint, the Executive Director will send a
						written decision to the complainant to include the following:
1. The proposed disposition of the whole
					 matter;
2. Notification to the
					 complainant of his/her appeal rights with the Federal Highway Administration or
					 U.S. Department of Transportation, if he/she is dissatisfied with the final
					 decision rendered by MDOT; and
3.
					 The final decision will also be communicated to the respondent(s). FHWA will be
					 provided with a copy of the decision and summary of
					 findings.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Purpose › Section 37-1-6203-00400-100

Current through June 25, 2024
To establish implementation of special requirements for
						the provision of on-the-job training as outlined in 23 CFR. This provision can
						be found on-line at
www.gpoaccess.gov/cfr/index.html
.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Purpose › Section 37-1-6203-00400-101

Current through June 25, 2024
In accordance with 23 CFR, Special Provisions of the
						contract outlines the process by which contractors may provide on-the-job
						training aimed at developing full journeymen in the type of trade or job
						classification involved. The number and type of trainees will be determined by
						the Contractor and the Office of Civil Rights in conjunction with the Federal
						Highway Administration.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Contractor Requirements › Section 37-1-6203-00400-200

Current through June 25, 2024
When trainees are used and prior to commencing
						construction, the contractor shall submit to the Office of Civil Rights, for
						approval, the selected classifications and the approximate starting date of
						each trainee. The Contractor shall submit to the Office of Civil Rights using
						the Trainee Schedule Form and Program Agreement Form for
						approval.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Contractor Requirements › Section 37-1-6203-00400-201

Current through June 25, 2024
When each trainee/apprentice is assigned to a project the
						contractor will immediately submit, Trainee Enrollment Form, directly to the
						Office of Civil Rights, OJT Coordinator. The contractor shall identify on this
						form the name of the trainee, classification, and number of trainee
						hours.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Contractor Requirements › Section 37-1-6203-00400-202

Current through June 25, 2024
The contractor will complete Monthly Time Report,
						directly to the Office of Civil Rights, OJT Coordinator. The contractor shall
						identify on this form the hours required for the job classification, keep up
						with hours trainee has earned on the job and the trainee work
						progress.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Contractor Requirements › Section 37-1-6203-00400-203

Current through June 25, 2024
The contractor and trainees may be required to
						participate in on-site reviews and interviews to document progress of
						training.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Payments › Section 37-1-6203-00400-300

Current through June 25, 2024
Payment to the contractor for training provided will be
						made on submission of company's invoice, the contractor will be reimbursed at
						the rate of $3.00 per hour of training authorized and given.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00400 - Alternate On-The-Job Training Programs › Payments › Section 37-1-6203-00400-301

Current through June 25, 2024
All forms associated with Alternate On-the-Job Training
						Program may be obtained by contacting the MDOT Office of Civil Rights at P.O.
						Box 1850, Jackson, MS 39215-1850.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00500 - Disadvantaged Business Enterprise Program Certification › Purpose › Section 37-1-6203-00500-100

Current through June 25, 2024
To establish a procedure to comply with 49CFR, Part 26 of
						the Federal Code of Regulations. These regulations maybe accessed online at
http://www.gpoaccess.gov/cfr/index.html
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00500 - Disadvantaged Business Enterprise Program Certification › Purpose › Section 37-1-6203-00500-101

Current through June 25, 2024
The Mississippi Department of Transportation will certify
						eligible firms for participation in its Disadvantaged Business Enterprise
						Program in accordance with 49 CFR, Part 26.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00500 - Disadvantaged Business Enterprise Program Certification › Purpose › Section 37-1-6203-00500-102

Current through June 25, 2024
The Mississippi Department of Transportation will certify
						eligible firms for participation in its Disadvantaged Business Enterprise
						Program in accordance with 49 CFR, Part 26.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00500 - Disadvantaged Business Enterprise Program Certification › Purpose › Section 37-1-6203-00500-103

Current through June 25, 2024
A Disadvantaged Business Enterprise firm must meet the
						following basic criteria:
* The principal owner(s) of the firm must be socially and
						economically disadvantaged.
* The firm must be in business for profit.
* The firm must be a small business as outlined by the
						Small Business Administration. Small business size standards can be found on
						the Small Business Administration's website at www.sba.gov [File Link Not
						Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00500 - Disadvantaged Business Enterprise Program Certification › Purpose › Section 37-1-6203-00500-104

Current through June 25, 2024
Applications for certification maybe obtained via the
						internet at MDOT's website,
www.gomdot.com
or by contacting MDOT's
						Office of Civil Rights, P.O. Box 1850, Jackson, MS 39215-1850 or any Unified
						Certification Partner falling under the purview of the Federal Aviation
						Association, Federal Transit Association, or local
						municipality.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Purpose › Section 37-1-6203-00600-100

Current through June 25, 2024
To establish a procedure to comply with 49CFR, Part 26 of
						the Federal Code of Regulations. These regulations are available at
http://www.gpoaccess.gov/cfr/index.html
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Purpose › Section 37-1-6203-00600-101

Current through June 25, 2024
Disadvantaged Business Enterprise (DBE) firms being used
						to meet a DBE goal on a federal-aid or AHEAD project are required to meet the
						guidelines of 49CFR, Part 26. The Office of Civil Rights, Project/Resident
						Engineers, and Prime Contractors are required to monitor DBE participation to
						ensure that these guidelines are met to the best of their
						ability.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › General Rules DBE Subcontractors › Section 37-1-6203-00600-200

Current through June 25, 2024
The prime contractor must obtain an approved subcontract
						request for each DBE subcontractor performing work on a
						project.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › General Rules DBE Subcontractors › Section 37-1-6203-00600-201

Current through June 25, 2024
The prime contractor will be encouraged to ensure that a
						representative for each subcontractor attends preconstruction
						conferences.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › General Rules DBE Subcontractors › Section 37-1-6203-00600-202

Current through June 25, 2024
DBE subcontractors shall be required to submit rental
						agreements to verify ownership of equipment (including
						trucks).
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › General Rules DBE Subcontractors › Section 37-1-6203-00600-203

Current through June 25, 2024
Prime contractor and subcontractor employees will be
						interviewed every two (2) weeks for the life of the project.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Rules for Receiving DBE goal credit › Section 37-1-6203-00600-300

Current through June 25, 2024
A prime contractor will only be given credit toward the
						contract DBE goal when the DBE performs a commercially useful function. Federal
						regulation 49 CFR 26 states: A commercially useful function has been performed
						when a DBE is responsible for the execution of a distinct element of the work
						of a contract by actually managing, performing and supervising the work
						involved. The following guidelines should be used in determining a commercially
						useful function.
1.
Work
					 Performed:
a. The DBE contractor
					 must manage the work for which he/she has contracted. The management shall in
					 clued scheduling work operations, ordering equipment and materials, preparing
					 and submitting payrolls, hiring and firing employees, including supervisory
					 positions and exercising control over the daily business operations.
b. The DBE contractor must perform the work
					 for which he/she has contracted with his/her own workforce. Repetitive use by a
					 DBE of personnel from other contractors will not satisfy the commercially
					 useful function requirement.
c. The
					 DBE must supervise the daily operations of the work contracted. This shall
					 consist of independent direct supervision of the employees working for the DBE
					 or by a skilled and knowledgeable superintendent/foreman employed by, paid
					 wages by and under the control of the DBE contractor.
d. The DBE must obtain all materials and
					 equipment necessary to perform the contract work. The DBE shall negotiate and
					 enter into equipment leases or purchase agreements directly with the equipment
					 source. Equipment lease rates shall be in line with prevailing industry rates
					 and shall not be inflated. Supplier/Manufacturer: (60% credit for supplier
					 only)
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Supplier/Manufacturer: (60% credit for supplier only) › Section 37-1-6203-00600-400

Current through June 25, 2024
The DBE maintains an inventory.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Supplier/Manufacturer: (60% credit for supplier only) › Section 37-1-6203-00600-401

Current through June 25, 2024
Sells materials to contractors (delivery may be
						included).
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Supplier/Manufacturer: (60% credit for supplier only) › Section 37-1-6203-00600-402

Current through June 25, 2024
Packages and ships goods to
						contractors.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Possible Non-Compliance Actions › Section 37-1-6203-00600-500

Current through June 25, 2024
The following situations may indicate DBE program
						noncompliance with the commercially useful function requirement and should be
						reported:
1. The DBE is performing
					 work outside the areas listed on OCR-481.
2. The DBE provides little or no supervision
					 to his/her employees for work performed by them. Supervision is provided by
					 someone else not employed or under the control of the DBE and the DBE is rarely
					 seen on the project site.
3. The
					 DBE's work is performed by personnel normally employed by another contractor.
					 Prime contractor's employees are not allowed to perform the DBE's work. The DBE
					 contractor must prepare and submit their own payrolls.
4. The materials and equipment being used by
					 the DBE belongs to another contractor and no rental agreements have been
					 submitted to the project engineer.
5. Materials and supplies needed to perform
					 the DBE's work are delivered to, billed to or paid for by another
					 contractor.
6. The DBE
					 subcontractors-subs portions of the work that is assigned to him by the prime,
					 to a non-minority contractor.
7.
					 The DBE is working on the project without an approved subcontract agreement or
					 CAD-720.
8. A DBE trucking
					 subcontractor uses or rents trucks from the prime contractor.
9. A DBE (prime contractor) subcontracts more
					 than the allowed 60% of the total contract.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Investigations of Non-Compliance › Section 37-1-6203-00600-600

Current through June 25, 2024
The prime contractor may be required to provide
						information and documentation as a result of an investigation or on-site review
						into non-compliance issues. All such request will go through the District
						Engineer of the area where the project is being performed.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00600 - Monitoring the Disadvantaged Business Enterprise (DBE) Program › Investigations of Non-Compliance › Section 37-1-6203-00600-601

Current through June 25, 2024
The prime contractor shall be provided a summary report
						and notice of any requested corrective action by the Chief Engineer of the
						Mississippi Department of Transportation.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00700 - Disadvantage Business Enterprise (DBE) List › Purpose › Section 37-1-6203-00700-100

Current through June 25, 2024
To establish a procedure to comply with 49CFR, Part 26 of
						the Federal Code of Regulations. These regulations maybe accessed online at
http://www.gpoaccess.gov/cfr/index.html
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00700 - Disadvantage Business Enterprise (DBE) List › Purpose › Section 37-1-6203-00700-101

Current through June 25, 2024
The Mississippi Department of Transportation sets an
						annual Disadvantaged Business Enterprise goal each year in accordance with 49
						CFR, Part 26. The Department's goal for DBE participation is met by assigning a
						percentage goal to appropriate construction and consultant contracts that is
						let for bids. The contractor must agree to this goal and submit required
						paperwork.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00700 - Disadvantage Business Enterprise (DBE) List › Purpose › Section 37-1-6203-00700-102

Current through June 25, 2024
When bids are taken, the low bidders must agree to meet
						or exceed the goal specified in the bid proposals.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00700 - Disadvantage Business Enterprise (DBE) List › Purpose › Section 37-1-6203-00700-103

Current through June 25, 2024
The contractor shall complete and return to the Contract
						Administration Division an OCR-481 Form, Disadvantaged Business Enterprise
						List, no later than the 10th calendar day after the
						opening of the bid. The contractor shall identify on the form the DBE firm to
						meet the project goal, the proposed specific items and percent of work to be
						performed, and the dollar value to be paid to the DBE firm to meet the project
						goal. The contractor shall also obtain the signature of the owner of the DBE
						firm (or the DBE designee) on the OCR-481.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00700 - Disadvantage Business Enterprise (DBE) List › Purpose › Section 37-1-6203-00700-104

Current through June 25, 2024
The OCR-481 may also be labeled an OCR-481C when used in
						conjunction with consultant contracts and a DBE-1 when used in connection with
						Urban projects.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00700 - Disadvantage Business Enterprise (DBE) List › Purpose › Section 37-1-6203-00700-105

Current through June 25, 2024
All forms may be obtained via the MDOT website at
www.gomdot.com
or by contacting the
						MDOT Offices of Contract Administration Division or the Office of Civil Rights
						at P.O. Box 1850, Jackson, MS 39215-1850.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00800 - Certification of Payments to Disadvantaged Business Enterprise (DBE) Firms › Purpose › Section 37-1-6203-00800-100

Current through June 25, 2024
To establish a procedure to comply with 49CFR, Part 26 of
						the Federal Code of Regulations. These regulations maybe accessed online at
http://www.gpoaccess.gov/cfr/index.html
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00800 - Certification of Payments to Disadvantaged Business Enterprise (DBE) Firms › Purpose › Section 37-1-6203-00800-101

Current through June 25, 2024
Prime Contractors are required to submit an OCR-482
						certifying all payments to DBE subcontractors before a final estimate is paid
						and a project closed out.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00800 - Certification of Payments to Disadvantaged Business Enterprise (DBE) Firms › Purpose › Section 37-1-6203-00800-102

Current through June 25, 2024
The prime contractor, unless they are a certified DBE,
						shall submit a copy of Form OCR-482 on all federal-aid projects and AHEAD
						projects that contain a DBE goal at the conclusion of the project. The prime
						contractor shall submit the OCR-482 to the project engineer to be signed and
						forwarded to the appropriate person as indicated on the bottom of the form.
						Prime contractors who are also certified DBEs shall submit an OCR-482
						acknowledging that fact for the record.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00800 - Certification of Payments to Disadvantaged Business Enterprise (DBE) Firms › Purpose › Section 37-1-6203-00800-103

Current through June 25, 2024
Prime contractors shall be required to provide the
						Project Engineer with justification and supporting documentation when it is
						found that the DBE goal was not met.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00800 - Certification of Payments to Disadvantaged Business Enterprise (DBE) Firms › Purpose › Section 37-1-6203-00800-104

Current through June 25, 2024
The project will not be accepted and the Prime Contractor
						will not be paid a final estimate until the DBE goal has been satisfied or
						proper justification obtained for failure to meet the DBE
						goal.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00800 - Certification of Payments to Disadvantaged Business Enterprise (DBE) Firms › Purpose › Section 37-1-6203-00800-105

Current through June 25, 2024
The OCR-482 may also be labeled an OCR-482C when used in
						conjunction with consultant contracts and a DBE-2 when used in connection with
						Urban projects.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00800 - Certification of Payments to Disadvantaged Business Enterprise (DBE) Firms › Purpose › Section 37-1-6203-00800-106

Current through June 25, 2024
All forms may be obtained via the MDOT website at
www.gomdot.com
or by contacting the
						MDOT Offices of Contract Administration Division or the Office of Civil Rights
						at P.O. Box 1850, Jackson, MS 39215-1850.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00900 - Commercially Useful Function Performance Report › Purpose › Section 37-1-6203-00900-100

Current through June 25, 2024
To establish a procedure to comply with 49CFR, Part 26 of
						the Federal Code of Regulations. These regulations maybe accessed online at
http://www.gpoaccess.gov/cfr/index.html
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00900 - Commercially Useful Function Performance Report › Purpose › Section 37-1-6203-00900-101

Current through June 25, 2024
Federal regulations state that in order for a DBE's work
						to count towards the prime's DBE goal, they must perform a Commercially Useful
						Function (CUF) as outlined in 49 CFR, Part 26.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00900 - Commercially Useful Function Performance Report › Purpose › Section 37-1-6203-00900-102

Current through June 25, 2024
A Disadvantaged Business Enterprise (DBE) firm must
						perform a Commercially Useful Function (CUF) in accordance with 49 CFR, Part 26
						of the Code of Federal Regulations in order for its work to count toward a
						prime contractor's DBE goal. A CUF has been performed when a DBE is responsible
						for the execution of a distinct element of the work of a contract by actually
						managing, performing, and supervising the work involved.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00900 - Commercially Useful Function Performance Report › Purpose › Section 37-1-6203-00900-103

Current through June 25, 2024
The DBE Subcontractor and the Prime Contractor shall
						receive copies of the form OCR-483. This form is completed when a DBE
						subcontractor has completed at least 50% of its work or at any time a problem
						arises, the project engineer or his designated representative will complete the
						OCR-483 form.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00900 - Commercially Useful Function Performance Report › Purpose › Section 37-1-6203-00900-104

Current through June 25, 2024
The DBE subcontractor and the Prime Contractor may be
						subjected to an onsite review when the OCR-483 identifies problem
						areas.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00900 - Commercially Useful Function Performance Report › Purpose › Section 37-1-6203-00900-105

Current through June 25, 2024
The OCR-483 may also be labeled an OCR-483C when used in
						conjunction with consultant contracts and a DBE-3 when used in connection with
						Urban projects.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 00900 - Commercially Useful Function Performance Report › Purpose › Section 37-1-6203-00900-106

Current through June 25, 2024
All forms may be obtained via the MDOT website at
www.gomdot.com
or by contacting the
						MDOT Offices of Contract Administration Division or the Office of Civil Rights
						at P.O. Box 1850, Jackson, MS 39215-1850.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 6203 - Office of Civil Rights › Chapter 01000 - Certification of Payments to Subcontractors › Purpose › Section 37-1-6203-01000-100

Current through June 25, 2024
To establish a procedure to comply with 49 CFR, Part 26
						of the Federal Code of Regulations. These regulations maybe accessed online at
http://www.gpoaccess.gov/cfr/index.html