Post on 19-Sep-2020
Presented by:
Lambert Airport – Business Diversity Development Office
Bi-State Development – Supplier Diversity
MoDOT – Office of External Civil Rights
December 2015
Certification Workshop Purpose
Obtain information about the DBE/ACDBE/SBE
Program
Obtain information about the MBE/WBE Program
Guidance through the certification application
process
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DBE History Initial legislation enacted in 1983 by U.S.
Department of Transportation (USDOT)
Designed as a vehicle to increase the
participation of underutilized companies in
USDOT-assisted projects
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US DOT Administrations Federal Aviation Administration (FAA)
Federal Highway Administration (FHWA)
Federal Transit Administration (FTA)
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Objectives of the ACDBE/DBE/SBE
Program
Ensure that ACDBEs/DBEs/SBEs can compete fairly for
federally funded transportation-related projects
Ensure that only eligible firms participate as
ACDBEs/DBEs/SBEs
Assist firms in competing outside the ACDBE/DBE/SBE
Program
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Definition of a Disadvantaged Business
Enterprise (DBE ) Pursuant to 49 CFR Part 26, a DBE is defined as a for-profit
small business concern:
That is at least 51% owned by individuals who are both
socially & economically disadvantaged
Whose management and daily business operations are
controlled by the socially & economically disadvantaged
individuals who own it
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Definition of an Airport Concession
Disadvantaged Business Enterprise (ACDBE )
Pursuant to 49 CFR Part 23, an ACDBE is defined as a
concession that is a for-profit small business concern:
That is at least 51% owned by individuals who are both
socially & economically disadvantaged
Whose management and daily business operations are
controlled by the socially & economically disadvantaged
individuals who own it
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Definition of a Small Business
Enterprise (SBE) In accordance with 13 CFR Part 121, the Small Business
Administration (SBA) defines a small business concern as
one that is for-profit and independently owned & operated
Cannot exceed the size standard for its industry
Determined by number of employees; or
Determined by its average annual receipts over the previous
3 fiscal years *for the purposes of DBE certification, no firm can have average annual receipts over the previous
3 years that exceed $23.98M, airport concessionaires - $56.42M, car rental firms 75.23M*
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Affiliation Affiliation has the same meaning as in SBA regulations in
13 CFR Part 121. Firms are affiliates of each other when
one either directly or indirectly;
Controls or has the power to control the other
A third party has the power to control both
An identity of interest exist between or among parties
Must consider all appropriate factors including common
ownership, common management, contractual
relationships to determine whether affiliation exists
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Socially Disadvantaged A Citizen or lawfully admitted permanent resident of the
United States who are:
Black Americans
Hispanic Americans
Native Americans
Asian-Pacific Americans
Subcontinent Asian Americans
Women
Individual case-by-case determination (49 CFR Part 26, appendix E)
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Economically Disadvantaged Personal Net Worth (PNW) must be less than $1.32
million
PNW excludes:
Equity in primary residence
Ownership interest in applicant firm
Must submit a signed, notarized statement of PNW with
supporting documentation
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Missouri Unified Certification Program
(UCP) “one-stop shopping” to applicants for certification
Missouri Regional Certification Committee (MRCC)
oversees the UCP for the state
Certifying Agencies:
Bi-State Development
City of Kansas City
City of St. Louis (Lambert Airport)
Kansas City Area Transit Authority
Missouri Department of Transportation (MoDOT)
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About DBE/ACDBE/SBE
Q & A
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MBE/WBE History Mayor’s Executive Order #28, as amended, established
Minority & Women Owned Business participation on City
of St. Louis contracts
MBE/WBE Rules & Guidelines adopted by St. Louis
Development Corporation on September 15, 2011
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Objectives of the MBE/WBE Program
Maximize opportunities of MBEs/WBEs in contracting
opportunities made available by City of St. Louis
incentives
Foster positive relationships between MBEs/WBEs and
other businesses that lead to long-term opportunities in the
public and private sectors
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Definition of a Minority Business
Enterprise (MBE ) A legally formed entity, owned, operated and controlled
by Minority Group Members who:
is a business entity authorized to do business in Missouri
that maintains a facility within the St. Louis Metropolitan
Statistical Area with adequate personnel, equipment,
materials and facilities
have at least 51% ownership
maintain daily operational & managerial control
have interest in capital and earnings commensurate with
ownership percentage
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Definition of a Woman Business
Enterprise (WBE ) A legally formed entity, owned, operated and controlled
by one or more Women who:
is a business entity authorized to do business in Missouri
that maintains a facility within the St. Louis Metropolitan
Statistical Area with adequate personnel, equipment,
materials and facilities
have at least 51% ownership
maintain daily operational & managerial control
have interest in capital and earnings commensurate with
ownership percentage
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St. Louis Metropolitan Statistical Area
(MSA)
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Missouri Counties/Cities Illinois Counties
City of Sullivan Bond
Franklin Calhoun
Jefferson Clinton
Lincoln Jersey
St. Charles Macoupin
St. Louis City Madison
St. Louis Monroe
Warren St. Clair
About MBE/WBE
Q & A
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Certification Process Application & supporting documents submitted
Application logged and assigned to Analyst by Certification
Manager
Acknowledgement letter sent to firm
Desk audit conducted
If necessary, 10 day letter mailed/e-mailed to request missing
or additional information
Has the firm responded?
No: 5 day final notice mailed
Yes: complete review of all documentation
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Certification Process On-site interview at principal place of business, storage
yards, warehouses, job-sites, etc.
Preparation of site visit report & company profile
Completed file submitted to Certification Manager for
eligibility determination
Lambert’s process allows for only M/WBE eligibility
determinations to be made by the Program Review
Committee (PRC), which meets monthly
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Denial of Certification DBE MBE/WBE
Appeal to the USDOT, Office
of Civil Rights, within 90 days
of date of denial
Decision by USDOT is
administratively final
Firm cannot re-apply for
certification until one year after
denial determination
Per MRCC agreement, any
reapplication must be reviewed
with the firm’s Agency of
Record
Appeal to the Administrative
Review Officer within 30 days
of date of denial
Decision by the Administrative
Review Officer is
administratively final
Firm cannot re-apply for
certification until six months
from the date the application
was originally submitted
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THANK YOU!
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