Greater Dayton RTA Procurement - Disadvantaged Business Enterprise

GDRTA OPERATING POLICY

This is to encourage and increase participation of small and disadvantaged businesses in the contracts and programs funded by FTA. It is the policy of the U.S. Department of Transportation that DBEs (minority and women-owned firms) shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds.

The Greater Dayton Regional Transit Authority (RTA) will ensure that all contractors providing goods, services, or construction will take positive steps toward the utilization of disadvantaged business enterprises, to the maximum extent possible.

RTA’s overall goal, typically 10%, will be reviewed on an annual basis. The overall goal will be divided into a specific percent to meet DBE race-conscious contract goals and a specific percent through race-neutral means. This goal is a percentage of Federal financial assistance that will be expended in DOT-assisted contracts awarded by the RTA (but excluding the purchase of transportation vehicles, which is monitored directly by the FTA). This goal is calculated after reviewing RTA’s past goal history, adjusting for availability of DBEs based on census data on businesses in Montgomery County, and the RTA DBE Directory.

Every employee assumes responsibility in varying degrees for compliance with this procedure, as identified below. The DBE Officer's responsibility includes determining which procurements will have contract goals.

PROCEDURE

DBEs should be certified by the Ohio Department of Transportation. As required by the Code of Federal Regulations (CFR) Title 49 Part 26, the State has developed a Unified Certification Program (UCP) to provide "one-stop shopping" for the DBE firms. An applicant is required to apply only once for a DBE certification that will be honored by all those who receive Federal funding in the State. An application may be obtained by contacting Ohio Department of Transportation, Office of Contracts-DBE Section, 1980 W. Broad Street, Columbus, OH 43223, or by logging onto the following web address: http://www.dot.state.oh.us/CONTRACT/dbe.htm.

SOLICITATION PACKAGES

For each solicitation package that contains the specific goal requirement, the following forms that are included in the package are to be completed. Bidders/proposers that do not qualify as a DBE must submit both affidavits. Certified DBE firms must submit the Affidavit of Disadvantaged Business Enterprise and a notarized letter attesting that their firm will be doing all, or a major portion, of the work involved. Failure to submit these forms may render the firm non-responsive.

Affidavit of Intended Disadvantaged Entrepreneur: The contractor certifies that he/she is using a DBE subcontractor/supplier and states the capacity in which the DBE will be used and the estimated dollar amount.
Affidavit of Disadvantaged Business Enterprise: The DBE firm certifies they are a DBE and will be the contractor/subcontractor/supplier on this project.

PRE-BID/PRE-PROPOSAL CONFERENCES

Should pre-bid/pre-proposal conferences be held, the DBE requirements, if applicable, will be addressed at that time.

RESPONSIVENESS

Any bidder/proposer that fails to meet or demonstrate that, despite good faith efforts, it could not meet the established goal, may not be eligible to be awarded the contract.

ADMINISTRATIVE RECONSIDERATION

Within 10 days of being informed by RTA that it is not responsive because it has not documented sufficient good faith efforts, a bidder/proposer may request administrative reconsideration. Bidder/proposers should make this request in writing to: Reconsideration Official – Senior Administrator, Human Resources, Greater Dayton Regional Transit Authority, 600 Longworth Street, P.O. Box 1301, Dayton, OH 45401-1301; phone (937) 425-8546.

As part of this reconsideration, the bidder/proposer must have the opportunity to provide written documentation concerning whether it met the goal or made adequate good faith efforts to do so. The bidder/proposer will be provided with a written decision on the reconsideration with an explanation for the finding by the Senior Administrator, Human Resources.

The decision on the reconsideration will be made by an official who did not participate in the original determination that the bidder/proposer failed to meet the goal or make adequate good faith efforts.

The result of the reconsideration process is not administratively appealable to the Department of Transportation.