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Attachments 1-5
- Attachment 1 Regulations: 49 CFR Part 26 or website link
- Attachment 2 Organizational Chart
- Attachment 3 Bidder’s List Collection Form
- Attachment 4 DBE Directory or link to DBE Directory
- Attachment 5 Overall Goal Calculations
ATTACHMENT 1
Regulations: 49 CFR Part 26, or link to website
ATTACHMENT 2
Organizational Chart
[ Draw a line showing that the DBELO has direct access to the CEO .]
ATTACHMENT 3 Bidder’s List Collection Form
(SAMPLE BIDDERS LIST COLLECTION FORM)
|
Firm Name |
Firm Address/ Phone # |
DBE or Non-DBE Status (verify via State’s UCP Directory) |
Age of Firm |
Annual Gross Receipts |
|
Less than 1 year
|
Less than $500K
|
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Less than 1 year
|
Less than $500K
|
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Less than 1 year
|
Less than $500K
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Less than 1 year
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Less than $500K
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Less than 1 year
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Less than $500K
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Less than 1 year
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Less than $500K
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ATTACHMENT 4
[ Name of State] DBE Directory or web link to DBE directory)
ATTACHMENT 5
Section 26.45: Overall DBE Three-Year Goal Methodology
Name of Recipient : Recipient owner of [specify the name of the Airport(s)]
Goal Period : (Indicate appropriate goal period, reference schedule, i.e. FY-2017-2018-2019 – October 1, 2016 through September 30, 2019)
DOT-assisted
contract
amount
:
FY-20XX $___________
FY-20XX $___________
FY-20XX $___________
Total $___________
Overall Three-Year Goal : _____%, to be accomplished through __% RC and __% RN (Note: the goal may be reflected as (1) an average of the three years; (2) three year Median; or (3) weighted percentage)
Total dollar amount to be expended on DBE's : ______________ [multiply goal % x DOT-assisted amount]
Describe the Number and Type of Contracts that the airport anticipates awarding:
[List all contracts for which you anticipate receiving funding, only include the DOT funded portion of the contract.]
Contracts Fiscal Year #1
1. i.e. Apron Rehabilitation - $30,000,000
2. i.e. Electrical Upgrade – $4,700,000
3.
Contracts Fiscal Year #2
1.
2.
3.
Contracts Fiscal Year #3
1.
2.
3.
Market Area : [List counties/parishes for local market area – The market area must be id entified as the area in which the substantial majority of the Airport’s contractors and subcontractors that seek to do business with the Airport are located and the area in which the Airport spends the substantial majority of its contracting dollars, this must be clearly specified. The market area is usually the counties/parishes surrounding the Airport but can also extend to additional areas where contractors and/or subcontractors can be found to do the types of contracts being awarded at the Airport.]
Step 1. 26.45(c) Actual relative availability of DBE’s
Determine the base figure for the relative availability of DBEs. The base figure for the relative availability was calculated as follows:
[ Part 26.45 allows for the goal to be set 1 of 5 different methods. The example provided below is the most often used and recommended. The DBE Program Regulation can be found at https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise or https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr26_main_02.tpl .
Also, see Tips for Setting-Goals:
Method: Use DBE Directories https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/state-dot-and-dbe-program-websites
and Census Bureau Data https://www.census.gov/about/index.html.
[For each Contract and each fiscal year,please provide the following information]
|
NAICS |
Type of Work |
Total DBE’s |
Total All Firms |
|
Total |
Divide the total number of DBE’s by the total number of All Firms = base figure for each contract. (Weighting is not mandatory, but is encouraged for a more accurate base figure).
Base figure = ____ of all firms ready, willing and able.
The data source or demonstrable evidence used to derive the numerator was: [Enter Information].
The data source or demonstrable evidence used to derive the denominator was: [Enter information].
Step 2. 26.45(d) : Adjustments to Step 1 base figure.
After calculating a base figure of the relative availability of DBEs, evidence was examined to determine what adjustment (if any) was needed to the base figure in order to arrive at the overall goal.
An examination of the anticipated contracts for each fiscal year, the availability of the DBE firms by trade classification and the volume of work performed by D BE firms over previous years.
[ There are many types of evidence that must be considered when adjusting the base figure. These include: The current capacity of DBEs to perform work in your DOT-assisted contracting program, as measured by the volume of work DBEs have performed in recent years and evidence from disparity studies conducted anywhere within your jurisdiction, to the extent it is not already accounted for in your base figure. If your base figure is the goal of another recipient, you must adjust it for differences in your local market and your contracting program. If available, you must consider evidence from related fields that affect the opportunities for DBEs to form, grow and compete. These include, but are not limited to: statistical disparities in the ability of DBEs to get the financing, bonding and insurance required to participate in your program; data on employment, self-employment, education, training and union apprenticeship programs, to the extent you can relate it to the opportunities for DBEs to perform in your program. If you attempt to m ake an adjustment to your base figure to account for the continuing effects of past discrimination (often called the “but for” factor) or the effects of an ongoing DBE program, the adjustment must be based on demonstrable evidence that is logically and directly related to the effect for which the adjustment is sought].
Fiscal Year #1
For FY-20XX, we anticipate the award of the following:
|
Contract Name |
Trade Description |
NAICS Description |
NAICS |
Trade ( $) |
Cens us |
Directory |
DBE (%) (= G/F) |
DBE ($) (= E x H) |
||
|
Contract #1 - i.e. Apron Rehab |
Asphalt, Concrete, Dust Control, Painting |
Highway & Street Construction |
237310 |
17,100,000 |
57 |
5 |
8.8% |
$1,504,800 |
||
|
Demolition, Excavation, Earthwork |
Site Preparation |
238910 |
5,500,000 |
11 |
0 |
0% |
0 |
|||
|
Electrical |
Electrical Contractors |
238210 |
2,400,000 |
602 |
25 |
4.15% |
$28,800 |
|||
|
Fuel Piping |
Oil and gas Pipeline and Related Structures |
237120 |
4,000,000 |
307 |
9 |
2.93% |
$40,000 |
|||
|
Underground Piping |
Water and sewer line and related structures |
237110 |
1,000,000 |
94 |
2 |
2.1% |
$21,000 |
|||
|
Total Contract #1 |
30,000,000 |
1071 |
41 |
3.83% (41/1071) |
$1,149,000 (3.83% of 30,000,000) |
|||||
|
Contract #2 i.e. Electrical |
Electrical |
Electrical Contractors |
2382 10 |
1,200,000 |
602 |
15 |
2.49% |
$14,400 |
||
|
Demolition, Excavation, Earthwork |
Site Preparation |
2389 10 |
3,500,000 |
307 |
13 |
4.23% |
$35,000 |
|||
|
Total Contract #2 |
4,700,000 |
909 |
28 |
3.08% (28/909) |
$144,760 (3.08% of 4,700,000) |
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|
Total FY-20XX |
34,700,000 |
1980 |
69 |
3.48% rounded to 3.50% (69/1980) |
$1,214,500 (3.5% of 34,700,000) |
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Consulting Services We Provide
- Review public works preconstruction contracts
- Monitor DIR contractor/subcontractor certified payrolls
- Audit labor classification for each worker employed
- Review DIR pre-DAS 140/142 submissions
- Review CAC training fund contributions form CAC-2
- Review DIR Fringe Benefits Statement PW-26
- Monitor DIR wage determinations
- Audit fringe benefits allowances
- Review DIR holiday payment requirements
- Audit DIR travel & subsistence requirements
- Caltrans Labor Compliance
- County of Sacramento Labor Compliance
- City of Los Angeles Labor Compliance
- Los Angeles Unified School District Labor Compliance
- Federal Davis-Bacon Project Monitoring
- Federal DBE Implementation & Review
- Federal FAA AIP Goal Setting
- DIR & Davis-Bacon Training
- DIR Civil Wage Penalty Review
- Local-Hire Review (e.g., San Francisco)
- Skilled and Trained Workforce
Give us a call to discuss your labor compliance requirements: 916-234-3958.
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or legal opinions on any specific facts or circumstances.
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