"all
transportation stakeholders here in MN (even the AGC) recognize that
there are problems with the implementation of the program in MN and that
results to date are not what we nor Mn/DOT expect"
Q. If Not, Why Not?
A. ??????????????
Q1.) Do you have to be a DBE to receive a DOT contract? If
no, explain.
A1.) "No".
Typically, contractors bid on projects as subcontractors or as prime
contractors. The majority of contractors are not classified as
Disadvantaged Business Enterprises (DBEs)
Q2.) What
advantage (s) are there once you become a DBE? If yes, explain.
A2.)
(NONE) The DBE program was authorized by
Congress based upon the premise that had it not been for discrimination,
there would be a representative distribution of Minority/Female
participants engaged in the highway construction industry as prime
contractors and/or subcontractors. Furthermore, the intent of the DBE
Program codified under 49 CFR 26, in part, is to remedy past and current
discrimination. From this perspective, the DBE is not
accessing the program with an advantage. Rather, the DBE is
provided access to contracting and subcontracting opportunities that
were not available without DBE program authorization. Under 26.1 of 49
CFR, objectives of the DBE program include: creating a level playing
field and removing barriers to DBE participation.
Q3.) The DBE
NAICS codes are defined by task, however the DOT specs are process
written for the bids. Why?
A3.)
NAICS codes are specific narrowly defined activities.
Specifications for bidding purposes are a broader-type set of
activities. In a real world scenario, a DBE may have a contract for
one item of work that may represent several NAICS codes.
FACT - Most DBEs did not report doing any business with MNDOT at
any point despite being a DBE certified with MNDOT.
FACT - indications are DBEs owned by women, particularly
women of color, and those by African Americans, did not fare as well
relative to other DBEs.
FACT - 99% or more of all federals transportation stimulus
dollars and others awarded through MN DOT went to white owned and
operated firms(White Males and Female DBEs).
Fact - FHWA - MN has the "seat of power and a public trust" to
adminstrer the Civil Right Act of 1964 Title VI - the DBE Program. Stewardship/Oversight Task Force - Appendix D
Example of Division "Required Actions" List
4)
QUESTION: What role does FHWA play in
"problem solving," if any?
- ANSWER: 49
U.S.C.101(b)(5) indicates USDOT [and modal agencies] must "provide
general leadership in identifying and solving transportation problems.
The reference to problem solving in the policy paper is in the context
of FHWA stewardship responsibilities. Helping our partners solve
problems has been a long-standing function of FHWA.
Analysis by Springboard Economic
Development Corporation