Dbe program – 49 cfr part 23

Public Participation

• 
  The goal setting process used by recipients to establish their annual overall goal submitted to the operating administrations for approval must include “consultation with minority, women’s and general contractor groups, community organizations, and other officials or organizations” which could be expected to have information concerning the availability of ACDBEs and non-ACDBEs.  This consultation process is also intended to gather information concerning the effects of discrimination on opportunities for ACDBEs, if present - and establishing a level playing field for the participation of ACDBEs.
  
• 
  By definition, the process of consultation involves a scheduled face-to-face conference or meeting of some kind with individuals or groups of interested persons for the purpose of developing and/or assessing a proposed goal and methodology and seeking information or advice before a decision is made.
  
• 
  Recipients should identify groups within their market that are likely to have information relevant to the goal setting process or that have a stake in the outcome of the process.  Those groups should be contacted and invited to participate in a face-to-face exchange (which may occur at a public meeting) aimed at obtaining the kind of information set out in the regulation regarding establishing the overall ACDBE goal.  Efforts should be made to engage in a dialogue with as many interested stakeholders as possible.  An advisory committee may be one method of consultation (but not the exclusive method, since this could lead to a recipient talking only to the same people all the time).  A description of the consultation process and its purpose should be provided to all invitees.
  
• 
  The consultation is expected to occur before the proposed goal is established and prior to publication of the proposed overall goal for inspection and comment by the general public.
  
• 
  The consultation process must be documented in the recipient’s annual goal submission.
  

The [Recipient] will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating ACDBE participation. The [Recipient] uses the following race-neutral measures. [List the things that you actually do – some examples are below as stated in 23.25]

1. 
   Locating and identifying ACDBEs and other small businesses who may be interested in participating as concessionaires under 49 CFR Part 23;
   
2. 
   Notifying ACDBEs of concession opportunities and encouraging them to compete, when appropriate;
   
3. 
   When practical, structuring concession activities so as to encourage and facilitate the participation of ACDBEs;
   
4. 
   Providing technical assistance to ACDBEs in overcoming limitations, such as inability to obtain bonding or financing;
   
5. 
   Ensuring that competitors for concession opportunities are informed during pre-solicitation meetings about how the sponsor’s ACDBE program will affect the procurement process;
   
6. 
   Providing information concerning the availability of ACDBE firms to competitors to assist them in obtaining ACDBE participation; and
   
7. 
   Establishing a business development program (see 49 CFR Part 26.35); technical assistance program or taking other steps to foster ACDBE participation in concessions.
   

We estimate that, in meeting our overall goal of ___%, we will obtain __% from race-neutral participation and __% through race-conscious measures.

1. 
   The extent that you’ve exceeded your ACDBE goals in the past – show the numbers;
   
2. 
   ACDBE participation on concession leases that did not have ACDBE requirements;
   
3. 
   Data from private sector MBE/WBE participation;
   
4. 
   ACDBE participation in local programs in which there are no ACDBE concession specific goals;
   
5. 
   Extent of your race-neutral business assistance efforts;
   
6. 
   Information you obtained through consultation with stakeholders;
   
7. 
   ACDBE participation on other city or county concession activity; and
   
8. 
   Other Airport Concessions: If there is an airport that shares your market area and has had similar concession opportunities, then consider what that airport’s ACDBE race neutral and race-conscious participation was on the similar concession
   

The following is a summary of the basis of

1. 
   We will establish concession-specific goals for particular concession opportunities.
   
2. 
   We will negotiate with potential concessionaires to include ACDBE participation through direct ownership arrangements or measures, in the operation of the concession.
   
3. 
   With prior FAA approval, we will use other methods that take a competitor’s ability to provide ACDBE participation into account in awarding a concession. [Explain the methods that will be used.]
   

• 
  In FY-12, the Airport Authority’s accomplishments exceeded their goal by 3%, which is evidence of race-neutral participation, therefore, 3% of our goal is being applied to race-neutral and the remaining 6% is applied to race-conscious participation.
  
• 
  ACDBE prime concessionaires are expected to accomplish at least 5% of the participation therefore we are applying 5% to race-neutral and 4% to race-conscious participation.
  
• 
  The Airport Authority holds quarterly meetings open to all small businesses that will result in at least 1% additional ACDBE participation in FY ____, therefore, we are applying 1% of our goal to race-neutral and the remaining 8% to race-conscious participation.
  
• 
  The Airport Authority does not have a history of DBE participation or over-achievement of goals to reference and expects to obtain its DBE participation through the use of DBE contract goals or a conscious effort to obtain DBE participation. Therefore, we are applying the entire goal of 9.07 to race-conscious participation.
  

In order to ensure that our ACDBE program will be narrowly tailored to overcome the effects of discrimination, if we use concession specific goals we will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual ACDBE participation (see 26.51(f)) and we will track and report race-neutral and race conscious participation separately. For reporting purposes, race-neutral ACDBE participation includes, but is not necessarily limited to, the following: ACDBE participation through a prime contract that an ACDBE obtains through customary competitive procurement procedures; ACDBE participation through a subcontract on a prime contract that does not carry ACDBE goal; ACDBE participation on a prime contract exceeding a concession specific goal; and ACDBE participation through a subcontract from a prime contractor that did not consider a firm’s ACDBE status in making the award.

The market area is the geographical area in which the substantial majority of firms which seek to do concessions business with the airport are located and the geographical area in which the firms receive a substantial majority of concessions related revenues are located.

The [Recipient] estimates that revenues to existing concessions will grow by 2% over the next three years due to [inflation and increased passenger traffic or other reasons]. $11,023,859 x 2% =$220,477 = $11,244,336 base of goal.

If a new concession opportunity arises prior to the end of this goal period and the estimated average of annual gross revenues are anticipated to be $200,000 or greater, the [Recipient] will submit to the FAA an appropriate adjustment to the overall goal. This will be submitted to FAA for approval no later than 90 days before issuing the solicitation for the new concession opportunity. (23.45(i)).

[Weighting is not mandatory, but is encouraged for a more accurate base figure. The following is an example of weighting:]

The data used to determine the adjustment to the base figure was:

1. 
   Statistical disparities in the ability of ACDBEs to get the financing, bonding and insurance required to participate in your program;
   

2. 
   Data on employment, self-employment, education, training and union apprenticeship programs, to the extent you can relate it to the opportunities for ACDBEs to perform in your program.