Eastern Region DBE Workshops Office of Civil Rights

1. Eastern Region DBE WorkshopsOffice of Civil Rights • 49 CFR Part 26, DBE (Disadvantaged Business Enterprise) Program • LEP (Limited English Proficiency) Presented to: Airport Sponsors By: Maria Sarra & Ossie Jordan Date: March 17-19, 2008

2. AGENDA • Review of DBE Program (Disadvantaged Business Enterprise) • Overview of LEP (Limited English Proficiency)

3. Regulations • 49 CFR Part 26, (AIP Contracting) was issued by the US Department of Transportation on March 4, 1999. This regulation governs participation by DBEs in DOT financial assistance programs. • Executive Order 13166, signed on August 11, 2000, by President Clinton, designed to better enforce and implement an existing obligation: Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from discrimination based on national origin by, among other things, failing to provide meaningful access to individuals who are Limited English proficient (LEP).

4. 49 CFR Part 26 – DBE Reminders • Part 26 – Program and goal required if awarding contracts of $250,000 or more • Recipients can use AIP funding to pay a consultant to prepare DBE program and goals • Liaison Officer – Program must identify the person and his/her contact info • Program must identify all the duties of the person and staff assigned to the person

5. 49 CFR Part 26 – DBE Reminders Con’t from Page 4 • Strive for race neutral participation: - Includes all small businesses, not just DBEs - Race conscious refers to DBE specific goals • Good Faith Efforts and Commitments – must be documented and done before contract award • Once contract is awarded, those good faithefforts become a commitment

6. 49 CFR Part 26 – DBE RemindersCon’t from Page 5 The following displays evidence that there are Good Faith Efforts: - attendance at pre-bid meetings - advertisement in general circulation - written notice to DBEs with sufficient time to reply - selection of portions of work likely to be performed by DBEs - provide interested DBEs adequate information for bidding - negotiation with interested DBEs - assist interested DBEs with bonding, insurance and/or credit

7. DBE Program vs. DBE Goals • If you already have an approved DBE Program under Part 26, then each year thereafter, if you are awarding contracts in the amount of $250,000 or more, you are only required to submit a DBE update which is a portion of the complete program

8. Annual Goal Update • Determine your market area – the area in which the substantial majority of contractors with which you do business are located and the area in which you spend the substantial majority of your contracting dollars. 75% is considered substantial • Public Consultation – speak to various organizations/institutions to determine if they can direct you to info about past discrimination or problems DBEs may be having with bonding, insurance, self-employment, etc. Examples of suggested groups would be Women’s Business Groups, Community Organizations, etc. • Overall goal – includes Steps 1 & 2 (show your math). Step 1 determines base figure and Step 2 is used to adjust the base figure • Estimated Breakout of race conscious and race neutral participation – the amount you exceeded your goal in past years can be a helpful tool in assisting you to project your race neutral component • Public Notice – advertises the goal – give 30 days for inspection of goal and 45 days for public comment

9. Sample of Calculating Goal - Step 1 Base Figure • Formula = Ready, willing and able DBEs/by all firms ready, willing and able; i.e., • 48 DBE firms in heavy construction = 11% Step 1 Base Figure 425 firms in heavy construction - Step 2 Adjustment = Determine your median number based on past participation; i.e., assume your past participation for the past 3 years has been 18%, 15% and 12% and that your Step 1 base figure is 11%. List these figures from lowest to highest; i.e., 12%, 15% and 18%. Your middle figure (15%) is your median. To adjust your base figure add your median to the Step 1 base figure and divide by 2 = 11% + 15% = 26% divided by 2 = 13% overall goal

10. Sample of Calculating Goal – Con’t from Page 9 • An adjustment for past participation is not required if a sponsor is developing a DBE program for the first time and does not have any statistics on past DBE participation. If a sponsor does not make an adjustment, they need to tell us why.

11. LEP – Limited English Proficiency • US DOT LEP guidance was issued on December 14, 2005 – Federal Register, Volume 70, No. 239 – policy guidance concerning recipients responsibilities to Limited English Proficient Persons • Purpose of Guidance – clarify responsibilities of recipients of Federal financial assistance from DOT and assist recipients in fulfilling their responsibilities to LEP persons

12. LEP Definition and Barriers to LEP persons • Definition – spoken English is not the primary language and the person has a limited ability to read, write, speak or understand English • Barriers to LEP persons – accessing important benefits or services, understanding and exercising important rights and complying with applicable responsibilities

13. LEP Nondiscrimination based on National Origin – Language Assistance Plan Framework • Assess the language needs of the affected populations served (identify languages used, how many people speak non-English language, how well they are accessing services by the recipient and what barriers to communications currently exist • Identify points of contact in the recipient program/activity where assistance may be necessary. Identify resources needed and make arrangements to access them efficiently • Develop a plan by which all employees likely to meet with persons with LEP are periodically trained on the policy, how to access services and how to work effectively with in-person and telephone interpreters • Undertake outreach efforts to ensure that individuals with LEP are aware of the availability of language assistance services free of charge; i.e., post signs in regularly encountered LEP languages in waiting areas and initial points of entry, translate application and instructional forms, include statements about free language assistance services in publications

14. LEP Elements of An Assessment of Meaningful Services • The number and proportion of persons with LEP potentially served by the recipient’s programs and the variety of languages spoken in the area • The frequency with which persons with LEP are affected by the program/activity • The importance of the program/activity to persons with LEP. DOTs guidance states “transportation is considered an essential service to participation in modern society” • The resources available to the recipient and whether the recipient has budgeted for provision of special language services • The level of services provided to the general public and whether persons with LEP are excluded from services or provided a lower level of service • Create a written plan and provide FAA with a copy. Monitor and update your plan, indicate how it is done and how often - Indicate when and how employees will be periodically trained on LEP - Indicate how to access all LEP services at the airport

15. DBE & LEP Websites Lists info on DBE: http://osdbuweb.dot.gov/business/dbe/index.html Lists info on LEP: http://www.lep.gov Lists info on DBE & LEP: http://www/dotcr.ost.dot.gov