Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.121 - MoDOT DBE Program Annual Goals and Contract Goals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule harmonizes state rules and federal
				  regulations on setting DBE program goals and contract goals on federal-aid
				  highway projects by incorporating the federal regulations on the DBE Program
				  and provides guidance on the federal regulation and further clarifies state
				  rules.
PUBLISHER'S NOTE: The secretary of state has determined that
				  the publication of the entire text of the material which is incorporated by
				  reference as a portion of this rule would be unduly cumbersome or expensive.
				  This material as incorporated by reference in this rule shall be maintained by
				  the agency at its headquarters and shall be made available to the public for
				  inspection and copying at no more than the actual cost of reproduction. This
				  note applies only to the reference material. The entire text of the rule is
				  printed here.
(1) Overall Program
				Goal.
(A) Amount of Goal. Missouri Department
				of Transportation (MoDOT) may use an interim goal-setting mechanism while it
				updates its availability calculations to set its Disadvantaged Business
				Enterprise (DBE) goals based upon the most legally defensible methodology.
				MoDOT may consult with economic and statistical experts to assist in adopting a
				goal-setting methodology that best meets the constitutional requirements of
				narrow tailoring in setting MoDOT's overall DBE goal.
(B) Goal-Setting Process.
1. MoDOT will submit its overall DBE Program
				goal to the United States Department of Transportation (USDOT) on August 1 at
				three (3) year intervals, based on a schedule established by the Federal
				Highway Administration (FHWA), Federal Transit Administration (FTA), or Federal
				Aviation Administration (FAA), as applicable. Before establishing the overall
				goal, MoDOT will consult with minority, female, and general contractor groups,
				community organizations, and other officials or organizations. These groups
				include any organization or individuals necessary to obtain information that:
A. Reveals the availability of disadvantaged
				and non-disadvantaged businesses;
B.
				Ensures non-discrimination on opportunities for DBEs; and
C. Assists MoDOT's efforts to establish a
				level playing field for the participation of DBE firms in USDOT assisted
				contracts pertaining to highway, transit, and airport financial assistance
				programs. MoDOT will publish the proposed overall goal in general circulation,
				minority and female focused publications, trade association publications, and
				the MoDOT website. MoDOT will publish a notice of its goal-setting process by
				June 1 of any year an overall goal is being set, at three (3) year intervals,
				in order to allow thirty (30) days for inspection and public
				comment.
2. Following
				this consultation, MoDOT will publish a notice of the proposed overall goal,
				informing the public that the proposed goal and its rationale are available for
				inspection during normal business hours at the headquarters office for thirty
				(30) days following the date of the notice. MoDOT and the USDOT will accept
				comments on the goals for forty-five (45) days from the date of the notice.
				MoDOT will plan to issue the notice by June 1 of any year an overall goal is
				being set, at three (3) year intervals. The notice will include addresses to
				which comments may be sent and addresses, including office and website
				addresses where the proposal may be reviewed. MoDOT will begin using the
				overall goal on October 1 of any year an overall goal is being set, at (3) year
				intervals, unless other instructions have been received from USDOT.
3. MoDOT will include a summary of
				information and comments received during this public participation process and
				MoDOT's responses in the overall goal submission to the
				USDOT.
(C) Race- and
				Gender-Neutral Means.
1. MoDOT will strive to
				meet the maximum feasible portion of the overall DBE Program goal by race- and
				gender-neutral means of facilitating DBE participation in DOT assisted
				contracts pertaining to highway, transit, and airport financial assistance
				programs. Race- and gender-neutral participation involves affirmative action to
				assist all small business contractors and subcontractors.
2. MoDOT will adjust the estimated breakout
				of race- and gender-neutral and race- and gender-conscious participation to
				reflect actual DBE participation and will track and report race- and
				gender-neutral and race-conscious participation separately. For reporting
				purposes, race- and gender-neutral DBE participation includes, but is not
				necessarily limited to, the following:
A. DBE
				participation through a prime contract a DBE obtains through customary
				competitive procurement procedures;
B. DBE participation through a subcontract
				that does not carry a DBE goal;
C.
				DBE participation on a prime contract exceeding the contract DBE
				goal.
(D) In
				order to comply with Title
				49 CFR section
				26.39, the department amends its current DBE
				program to create the following Small Business Enterprise (SBE) program for
				USDOT assisted projects:
1. The SBE program
				will not require SBE goal setting on MoDOT's USDOT assisted projects; however,
				certified SBEs will be encouraged to participate and certified SBE
				participation will be tracked, monitored, and reported; and
2. The Small Business Program "Declaration of
				Certification" form will be utilized by MoDOT as a member of the Missouri
				Unified Certification Program, also known as the Missouri Regional
				Certification Committee (MRCC). The "Declaration of Certification" is the
				document to be utilized by MoDOT to verify interested small businesses'
				eligibility under Small Business Administration (SBA) regulations, contained in
				13 CFR sections 121.101-201 as found in
				15 USC
				634(b) and incorporated
				herein by reference, to participate in the SBE Program, 409 3rd Street, SW.,
				Washington, DC 20416, June 2, 2017. This rule does not incorporate any
				subsequent amendments or additions.