Request for bids for runway safety area improvements, part 3


SECTION 5 – DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM



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SECTION 5 – DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM


(REQUEST FOR BIDS)



Program Overview
It is the policy of the Wayne County Airport Authority (Airport Authority) that DBEs shall have the maximum opportunity to participate in the performance of contracts to supply goods and services to the Airport Authority. In accordance with 49 CFR Part 26, as the recipient of federal funds, the Airport Authority sets an overall goal annually for DBE participation in contracts financed with federal funds. For professional services, construction and residential sound insulation program (RSIP) contracts awarded during fiscal year 2008, the Airport Authority has proposed an overall DBE goal of 17%, 7% of which the Airport Authority projects to meet through “race-neutral”1 measures.
For federally funded contracts, the Airport Authority intends to meet the “overall DBE goal” for the fiscal year during which a contract is awarded by setting specific DBE goals on a contract-by-contract basis. Contract goals will be based upon the actual required types of work and the availability of “ready, willing and able” DBEs to perform the required types of work. Specific contract goals will be set so that they will cumulatively result in meeting the portion of the Airport Authority’s fiscal year overall goal that the Airport Authority projects it will not be able to meet through the use of “race-neutral” means. To this end, a DBE goal for a particular contract may be more or less than the fiscal year “overall DBE” goal, depending upon the type of work required and the availability of “ready, willing and able” DBEs. Each competitive solicitation will specify the DBE goal for that particular contract on the “DBE Participation Form.”

DBE Goal for this Contract
Please refer to the Disadvantaged Business Enterprise (DBE) Participation Form, of this solicitation.

Application of DBE Goal to Contract Value and Contract Term
A DBE contract goal is applicable to the full contract value, including any contract change orders or amendments. A DBE goal is also applicable during the entire term of the contract, including any extension periods.

Counting Participation Towards Meeting DBE Goal
A firm meets a DBE goal by either having actual DBE participation in an amount equal to the DBE goal or by making “good faith efforts” to meet the goal.
If a Bid is submitted with DBE participation at a percentage lower than the goal set for the contract, then the Bid must include sufficient written documentation of the “good faith efforts” the Bidder made to meet the goal. 49 CFR 26.53(c) provides that the Airport Authority cannot commit to contracting with a business that has not provided “complete and accurate and [adequate documentation] of the Bidder’s good faith efforts” to meet a DBE goal. “Good faith efforts” must be made before the Bid Deadline. “Good faith efforts” made after the Bid Deadline will not be considered. (See below for more information about “good faith efforts”.)


Required DBE Certification by a Michigan Unified Certification Program (MUCP) Agency
Under 49 CFR Part 26, in order to count towards meeting a DBE goal set by the Airport Authority, a firm must be DBE certified by an agency participating in the Michigan Unified Certification Program (MUCP). This is required even if a firm is already certified as a DBE in another state. Proof of current DBE certification must be submitted with a Bid.

Guidance Concerning Good Faith Efforts
In determining whether a Bidder has made “good faith efforts,” the variety, quantity, and intensity of these efforts will be considered. The following list (which is not all inclusive) provides guidance regarding what actions constitute “good faith efforts:”


  1. Whether the Bidder attended any pre-solicitation or pre-bid meeting(s) that were scheduled by the Airport Authority to inform DBEs of contracting and/or subcontracting opportunities;

  2. Whether the Bidder advertised in general circulation trade association and minority-focus media concerning subcontracting opportunities;

  3. Whether the Bidder provided timely written notice to a reasonable number of specific DBEs that their interest in the project was being solicited. Such notice shall include sufficient information about the project and work to be subcontracted to the DBEs to make an informed response;

  4. Whether the Bidder followed up initial solicitations of interest by personal or telephone contact with DBEs to determine with certainty whether the DBEs were interested;

  5. Whether the Bidder selected portions of the work to be performed by DBEs in order to increase DBE participation (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation);

  6. Whether the Bidder provided interested DBEs with adequate information about the plans, specifications, and requirements of the contract;

  7. Whether the Bidder negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reason based on a thorough investigation of their capabilities;

  8. Whether the Bidder made efforts to assist interested DBEs in obtaining bonding lines of credit, or insurance required by the Airport Authority or Bidder; and

  9. Whether the Bidder effectively used the services of available minority community organizations; minority contractor groups; local, state, and federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBEs.



MUCP Directory: The MUCP directory, which is a list of DBEs certified by MUCP certifying agencies, is available at http://mdot270.state.mi.us:8080/UCP/HomePageServlet.

Contact for Airport Authority DBE Program
For assistance, or for more information on the Airport Authority’s DBE Program or the Michigan Unified Certification Program (MUCP), contact Lori Ballard, Business Diversity Manager at Lori.Ballard@wcaa.us or (734) 247-7011.

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