P1253553560yToYR

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TDOT
Civil Rights Office
Small Business Development Program
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Statement of Commitment

• The DBE program is intended to remedy past and
  current discrimination against disadvantaged
  business enterprises, to ensure a level playing
  field, on which DBEs can compete fairly for
  contracts.

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DBE Program

• What is the program?
• This program was developed by the Federal
  Highway Administration and is administered by the
  Tennessee Department of Transportation Civil
  Rights Office Small Business Development Program
  to encourage minority, female and other
  disadvantaged firms to work in the highway/bridge
  industry. Both state and federal construction
  projects and monies are included in it.

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Who can qualify as a DBE?

• Owners must possess the expertise to control the
  daily operations and management of the firm.
• Owners must be able to show ownership of at least
  51 of the firm through real and substantial
  investments of capital.
• Owners net worth must not exceed 750,000.
  (excluding personal residence and stock/ownership
  in the potential DBE firm).
• Call the Small Business Development Program in
  Nashville at [phone] or 1-888-370-3647 for
  further information or check our web-site _at_
  www.tdot.state.tn.us/civil-rights/smallbusiness/

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DBE Ethnic Classifications
MBE Minority Male Business Enterprise
MFBE Minority Female Business Enterprise
AIA Asian Indian American
APA Asian Pacific American
BA Black American
HA Hispanic American
NA Native American
WFBE White Female Business Enterprise
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Distribution of All DBEs by Region
Region Geographic Area Number of DBEs Percent of DBEs
I Knoxville and Upper East Tennessee 37 14
II Chattanooga and Southeast Tennessee 26 10
III Nashville and Middle Tennessee 51 20
IV Memphis and West Tennessee 44 17
N/A Out of State 99 39
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DBE Breakout By Category
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Commercially Useful Function (CUF)

• Expectations of State DBE Program
• 1. Definition of CUF, is that the DBE is
  responsible for the execution of the work where
  the DBE manages, supervises, obtains the
  materials, and performs the work items with
  his/her own forces.

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Commercially Useful Function Contd

• 2. If a DBE is found not to be performing a CUF,
  no credit toward the primes DBE goal for that
  work will be credited.
• 3. No sharing of resources, i.e., equipment,
  employees, etc., should be allowed without prior
  approval of the awarding authority.

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Commercially Useful Function Contd
4. If the DBE is performing according to
industry practice which conflicts with the DBE
program requirements, the DBE program
requirements prevails.
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Monitoring Responsibilities

• Prime contractors have an obligation to make
  every effort in complying w/ intent when awarded
  goal projects.
• TDOT Project Engineers, in addition to assigned
  responsibilities from the Region, monitor CUF
  functions and other DBE matters.

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Monitoring Responsibilities Contd

• SP 1247 Requires contractors to make an effort
  to use DBEs for subcontracts or suppliers on
  federal-aid contracts. TDOT tracks usage
  reports to FHWA the Commissioner.
• In the event a CUF issue occurs, the Regional
  Project Engineer must contact the Regional
  Contract Compliance Officer immediately to ensure
  the problem comes to a prompt resolution.

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Monitoring Responsibilities Contd

• Replacement A DBE can only be replaced w/
  approval from the Civil Rights Office SBDP. A
  letter, from the prime, should be written
  stating reason for replacement, company they
  wish to use, if companys not a DBE, the good
  faith effort used in finding DBE as substitute.

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How To Comply With DBE Utilization Requirements

• TDOTs Special Provision (SP) 1247 requires
  contractors to make an effort to use DBEs for
  subcontracts or suppliers on federal-aid
  contracts. TDOT tracks usage reports to
  Federal Highway Administration (FHWA) the
  Commissioner of TDOT. Prime contractors have an
  obligation to make every effort in complying w/
  intent when awarded goal projects.
• Posted on the Civil Rights Small Business
  Development Programs website _at_
• www.tdot.state.tn.us/civilrights/smallbusiness/do
  cs/SP1247.pdf
• (It can be made available for those that do not
  have Internet access)

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DBE Highway BridgeConstruction Work Areas

• Paving
• Concrete Construction
• Reinforcement Steel
• Specialty Items
• Guardrail Fence Placement
• Pavement Scoring
• Earthwork Services
• Drainage
• Placement of Lateral Underdrains Catchbasins
• Consultants
• Suppliers
• Professional Services

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TDOTs FFY 2009 DBE Goal Projection
Goal Race Conscious 4.49 (Department Requiring
Contractor Utilize DBE Participation)
Non-Goal Race Neutral 2.78 (Contractor Selects
DBE Participation)
Goal 7.27
Combination Of DBE Goals Set On Individual
Construction Projects By SBDP Construction
Staff For Entire Federal Fiscal Year (October
September)
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Small Business Development Program Organizational
Chart
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• Should you have any questions/concerns regarding
  the DBE Program or issues regarding DBEs on
  projects, you may contact
• Deborah Luter
• Small Business Development Program Director
• [phone] Toll Free
• [phone] Phone
• [phone] Fax
• Deborah.Luter_at_state.tn.us