The DBE Program, pursuant to 49 CFR Part 26, includes all contracts for construction, professional services, and procurement, which are funded in whole or in part by federal dollars from the U.S. Department of Transportation (DOT). As a recipient of Federal financial assistance, the NOAB is mandated to maintain a viable DBE program to promote and maintain a level playing field for all DBEs to compete for and to perform on these federally-funded contracts. The NOAB adheres to nondiscriminatory practices in the award and administration of all DOT-assisted contracts. Additionally, it is MSY’s stated commitment to remove any barriers which may impede DBE participation, and to assist in the development of DBE firms to compete successfully, ensuring that the DBE Program is tailored in accordance with applicable laws, and consistently implementing DBE eligibility standards which are consistent with 49 CFR Part 26.
Firms must be DBE-certified prior to bid submission to be considered for participation toward any DBE contract goal. Post-bid certification concerns must be addressed and approved by the DBELO.
Louisiana Unified Certification Program (LAUCP)
In order to comply with regulatory mandates, the NOAB has collectively joined with the Louisiana Department of Transportation and Development (LADOTD), the LADOTD New Orleans DBE Office and the New Orleans Regional Transit Authority to develop and implement uniform procedures for DBE certification. This program eliminates the necessity for DBE firms to complete multiple applications, as certification decisions are reciprocally accepted throughout the UCP membership in Louisiana.
For further information on the UCP, please go to: www.LAUCP.org.
Triennial Goal Methodology
DBE Certification
An eligible DBE must be an independent business. Ownership and control of the small business by socially and economically disadvantaged individual(s) must be documented and substantive, and distress criteria must be found to be pervasive. The DBE owners must share in the risks and profits commensurate with their ownership interests, and must also possess the power to direct or cause the direction of the day-to-day management and major decisions of the firm. There cannot be any restrictions which prevent the DBE owners from making a business decision without the cooperation or vote of the non-DBE owners. If non-DBE members of the firm are disproportionately responsible for the operation of the firm, the firm will not be certified.
DBE Contract Compliance
Firms must be DBE-certified prior to bid submission to be considered for participation toward any DBE contract goal. Post-bid certification concerns must be addressed and approved by the DBELO.
To view a list of DBE-certified firms, visit the Louisiana Unified Certification Program site: www.LAUCP.org -> UCP Directory Search.
DBE Bid Forms
Schedule of Contract Participation
Schedule of Contract Participation (RFQ)
Documentation of Good Faith Efforts (if goal is not met in Schedule of Contract Participation)
DBE Firm Statement Intent to Perform (must be filled-out and signed by each listed DBE firm)
Contractors on DBE-goaled contracts are required to report directly to the DBE Office, on at least a quarterly basis, payment activity to subcontractors, subconsultants, trucking companies, brokers, and DBEs. Q1 reports are due by Apr 20; Q2 reports are due by Jul 20; Q3 reports are due by Oct 20; and Q4 reports are due by Jan 20. Monthly reports would be due no later than the 20th day of the following month.
DBE Contract Compliance Monitoring Forms
To be completed and submitted directly to the DBE Office, on at least a quarterly basis, after the execution of the agreement:
Schedule J – Quarterly Activity Report
If the goal is not being met, the DBE Office may request the submission of this form:
Documentation of Good Faith Efforts
If the Prime needs to remove, substitute, or reduce the scope/commitment of a DBE firm listed at bid, pre-approval from the DBELO is required:
Request for Removal and/or Substitution of DBE firm
Request for Subcontractor Modification (reduction in DBE scope/services)
When a contract reaches close-out status, and a retainage invoice is submitted, this form should be submitted to the DBE Office as part of close-out procedures:
Commercially Useful Function
The DBE Office evaluates the amount of work subcontracted, industry practices, whether the amount the firm is to be paid is commensurate with the work it is actually performing and the DBE credit claimed for the performance of the work, and other relevant factors.
For the entire rule, refer to: 49 CFR §26.55(c), (d).
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