Okaloosa County BOCC — January 5, 2016 — DBE PROGRAM Jan 2016 Revisions — reading text

that overconcentration exists in the types of work that DBEs perform in Okaloosa County. An analysis of the DBE vendors included on the Florida Department of Transportation Equal Opportunity Office DBE database and the BOCC vendor list was conducted on February 15, 2013 to determine if any overconcentration exists. The BOCC will re-evaluate whether there is an overconcentration every twelve (12) months. If the BOCC determines that DBE participation is overconcentration certain types of work or contracting opportunities the following measures may be used to address overconcentration, with prior approval from FTA. Measures to address DBE overconcentration in a particular field may include, but are not limited to the following: 1. Developing ways to assist DBEs to move into nontraditional areas of work; 2. Varying the use of contract-specific DBE goals; 3. Working with prime contractors to find and use DBEs in other industry areas; Section 26.35 Business Development Programs The BOCC has not established a business development program; however, the BOCC will re-evaluate the need for such a program every three years. Section 26.37 Monitoring and Enforcement Mechanisms The BOCC will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1. The BOCC will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. 2. The BOCC will consider similar action under its own legal authorities, including responsibility determinations in future contracts. Attachment 3 lists the regulation, provisions, and contract remedies available to us in the events of non-compliance with the DBE regulation by a participant in our procurement activities. 3. The BOCC will also provide a monitoring and enforcement mechanism to verify that work committed to DBEs at contract award is actually performed by the DBEs. This will be accomplished by the monitoring efforts of the COTR and will include a written certification that the BOCC has reviewed contracting records and monitored work sites on which DBEs are performing, and that this will occur for each contract/project on which DBEs are participating. 4. The BOCC will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. Section 26.39 Small Business Participation The Okaloosa County Board of County Commissioners will take affirmative actions in an effort to structure race neutral contracting opportunities to facilitate competition by small businesses. The BOCC will take all reasonable steps to eliminate obstacles that may preclude small business participation in procurements as prime contractors or subcontractors. Okaloosa County Board of County Commissioners will administer the Small Business Participation program on a race neutral basis. The BOCC will administer its Small Business Participation Program on a race neutral basis through The University of West Florida Small Business Development Center, 922 Mar Walt Drive, Suite 203, Ft. Walton Beach, FL 32547 Phone: (850) 833-9400, e-mail: fwbsbdc@uwf.edu. Small Business Program: 1. Definition-For the purpose of this section, a small business is defined as a firm that meets the definition as contained in 49 CFR 26.5 and Section 3 of the Small Business Act, 15 U.S.C. 631 et seq, which do not exceed the cap on average gross receipts specified in 49 CFR 26.65(b). 2. A Small Business Concern is one that: a. is organized for profit, with a place of business located in the United States, which operates primarily within the United States or which makes a significant contribution to the United States economy through payment of taxes or use of American products, materials or labor; b. Has the legal form of an individual proprietorship, partnership, limited liability company, corporation, joint venture, association, trust or cooperative. c. is at least 51 percent owned and controlled by one or more individuals who are citizens of, or permanent resident aliens in, the United States, except in the case of a joint venture, where each entity to the venture must be 51 percent owned and controlled by one or more individuals who are citizens of, or permanent resident aliens in, the United States; and d. Has, including its affiliates, not more than 500 employees. 3. A Small Business Concern shall not have average annual gross receipts (over the firm’s previous three fiscal years) in excess of $22.41 million. Program participants will be required to establish eligibility via (1) DBE certification in connection with the Florida Unified Certification Program; (2) SBA 8A certification, or (3) documentation establishing participation as a registered Dynamic Small Business with SBA. This documentation must be provided to BOCC in order to verify eligibility. Certified DBEs are presumptively eligible to participate in the program. None of the provisions of this Section shall be interpreted to impose any geographic preferences or limitations and the program is open to all small business concerns regardless of their location. 4. As part of this program element the Okaloosa County Board of County Commissioners will include the following strategies: Major Construction Project -The Okaloosa County Board of County Commissioners has no future plans to undertake any large construction projects. The BOCC provides for a small transit system that does not undertake these types of projects on a regular basis. Should a major construction project occur the BOCC will utilize the following strategies to foster maximum opportunities for small businesses to obtain contracts. The Okaloosa County Board of County Commissioners will require A&E firms and/or construction management firms to prepare a written assessment of opportunities that may exist for small businesses to compete for direct prime construction contracts and subcontracts as part of the overall scope of a construction project. This assessment will be performed based on the individual work elements of the project as compared to the types of regional small businesses that have the ability to undertake the work. Based on this assessment the A&E firm and/or construction management firm will be directed to prepare small business contract bundle(s), if appropriate, that will be reflected in the preparation of final construction documents prior to bid. This assessment will include the opportunity to unbundle specific scopes of work that are valued at $250,000 or less that can be: a. Bid as separate prime contracts, or; b. Identified in prime contracts as subcontract opportunities for certified small businesses. Small Capital Procurements-Small capital purchases that require procurements undertaken by BOCC are in connection with bus equipment, bus shelters, and enhancements. These purchases include a wide variety of goods and services that are necessary to manage the transit system. The BOCC expects that many of these purchases are already being awarded to small businesses, The DBE Liaison Officer (DBELO) will work with the purchasing department to identify contracting opportunities for certified small businesses and prepare an annual assessment for increasing small business participation. This assessment may include establishing small business set asides if it is determined that at least two certified small businesses exist to allow for a competitive procurement environment. The Okaloosa County Board of County Commissioners will reach out to small businesses in an effort to make them aware of potential contracting and subcontracting opportunities that will exist. 5. BOCC will utilize The University of West Florida Small Business Development Center to seek out and develop a listing of local and regional small businesses. Additional outreach efforts will effort include: Developing lists of the small business organizations identified;  Contacting small business organizations to make them aware of how to do business with BOCC; Placing upcoming contracting opportunities on the Board of County Commissioner website; Providing information and referral services to small business regarding the means to obtain certification in accordance with the Virginia Unified Certification Program and the U.S. Small Business Administration. 6. As a component of the Small Business Element, the BOCC will track information on the certified small businesses and gather statistical data. The DBELO will ensure that the Small Business Element will be implemented and monitored as part of the overall DBE program within 9 months from FTA approval using the following mechanisms: a. Review future contracts to implement the Small Business Element strategy, as appropriate; b. Update the small business list of projects, as appropriate Subpart C – Goals, Good Faith Efforts, And Counting Section 26.43 Set-asides or Quotas The BOCC does not use quotas in any way in the administration of this DBE program. Section 26.45 Overall Goals In accordance with Section 26.45, the BOCC will submit its triennial overall DBE goal to FTA on August 1 of the year specified by FTA. The BOCC will also request use of project-specific DBE goals as appropriate, and/or will establish project- specific DBE goals as directed by FTA. The process generally used by BOCC to establish overall DBE goals is as follows: The goals are set based on the Department’s “Step 1, Step 2” process established in Section 26.45(c)-(d). A base figure of the relative availability of DBEs to perform work is established then the goal is adjusted as necessary based on the local market. Before establishing the overall goal each year, the BOCC will consult with the minority, women’s and general contractor groups, community organizations, and other officials or organizations to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the BOCC’s efforts to establish a level playing field for the participation of DBEs. Following this consultation, the BOCC will publish a notice of the proposed overall goals in the Northwest Florida Daily News and on the web at rideoct.org informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the BOCC’s principal office for 30 days following the date of the notice, and informing the public that the BOCC and DOT will accept comments on the goals for 45 days from the date of the notice. Normally, the BOCC will issue this notice by June 1 or each year. The notice must include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The BOCC’s overall goal submission to DOT will include: the goal (including the breakout of estimated race- neutral and race-conscious participation, as appropriate); a copy of the methodology, worksheets, etc., used to develop the goal; a summary of information and comments received during this public participation process and the BOCC‘s responses; and proof of publication of the goal in media