CLEVELAND - If you are a minority or female who owns a small business, then you may be interested in the Disadvantaged Business Enterprise (DBE) program of the Greater Cleveland Regional Transit Authority (RTA).
What it is
The program is designed to ensure a level playing field for DBEs to have equal opportunity to receive and participate in contracts that are assisted by the U.S. Department of Transportation (DOT). Major RTA contracts often receive federal funds through DOT and the Federal Transit Administration (FTA).
In accordance with Code of Federal Regulations Section 49 CFR Part 26, RTA's Office of Business Development administers this program.
Program Eligiblity
To become certified as "qualified DBE", your firm must meet the eligibility standards established by U.S. Department of Transportation (USDOT) Regulations 49 CFR Part 26. This criteria includes:
- Burden of Proof
- Group Membership Determination
- Ownership Determination
- Control Determiniations
Specific RTA responsibilities:
RTA's Office of Business Development is responsible for these specific areas. Each area affects your work as a DBE.
Determing Contract-Specific DBE Goals
- Before seeking bids on a contract, RTA carefully examines the specific subcontracting opportunities in the contract, and the number of DBE firms available in each subcontracting category. Those considerations lead to a DBE goal for that contract.
- The DBE goal can be satisfied through the participation of one or more certified DBE firms as a prime contractor, joint venture partner, subcontractor, sub-consultant or supplier of goods and services, provided the firm is certified for the task at the time the contract is awarded.
- A bidder who proposes to use DBE firms as subcontractors is required to respond to contract solicitations with specific information and documentation concerning proposed DBE firm participation.
- A bidder is expected to make his best effort to meet the DBE contract goal. When a bidder is unable to meet the established DBE goal, it is required that he or she document “good faith efforts.” The types of actions considered as part of a good faith effort include, but are not limited to, the following:
- Adequate solicitation of minority subcontractors through all responsible and available means, with sufficient time for subcontractors to respond.
- Selecting portions of the work to be performed in order to increase the likelihood that the goals will be achieved.
- Providing interested potential subcontractors with adequate information about the plans specifications and requirements of the contract in a timely manner.
- Not rejecting potential subcontractors as unqualified without sound reasons, based on a thorough investigation of their capabilities.
- Only the participation of firms certified as DBE companies by RTA or Ohio Uniform Certification Program (UCP) can be counted towards satisfaction of the DBE goal on a contract.
- A bidder who, at the time of execution of contract, is found not to have exercised good faith, and fails to submit the required supporting documentation to demonstrate such good faith efforts or request a waiver or fails to otherwise properly address or respond to the DBE program requirements, may be deemed in non-compliance and ineligible for award of the contract.
- Bidders who need assistance in identifying certified DBE firms to participate on contracts are encouraged to contact the Office of Business Development. The staff list can be found at the right.
Annual Overall DBE Goal Determination
The Federal Fiscal Year (FFY) runs from Sept. 1-Aug 31. Every three years, RTA proposes a DBE goal for all federally assisted contract expenditures of more than $25,000.
- Before establishing the overall DBE goal, staff consults and seeks input from community organizations and interested parties that could be expected to have information and data concerning the availability of disadvantaged and non-disadvantaged businesses.
- A proposed overall DBE goal is calculated using a methodology approved by the FTA that considers the avalability of ready, willing and able DBE firms to perform the work required on contracts RTA expects to award during a three-year period, as compared to the overall availability of firms to perform such work.
- The proposed goal is submitted to RTA Board of Trustees for consideration and approval. Once approved by the Board, the general public is informed of the proposed goal through a notice published in a newspaper of general circulation.
- The proposed goal and its rationale are available for public inspection and comment at RTA during normal business hours for 30 days after the notice appears.