Diversity, Economic & Business Equity, D/M/W/ESB Contracting 

                                                                                                                                                                        

 
 
ODA Contact:  Heather Peck, Agency Program Manager
                    (503)378-3168
                    Heather.Peck@aviation.state.or.us
 
                    Mitch Swecker, Agency Director
                    (503)378-2340
                    Mitch.T.Swecker@aviation.state.or.us
 
FAA DBE Information:  http://www.faa.gov/
                              http://www.faa.gov/about/office_org/headquarters_offices/acr/
 
ODOT Office of Civil Rights:  http://www.oregon.gov/odot/cs/civilrights
 
Oregon Civil Rights Division:  http://www.oregon.gov/BOLI
 
Economic and Business Equity:  http://www.oregon.gov/Gov/MWESB
 
 
OREGON DEPARTMENT OF AVIATION (ODA)
M/W/ESB and DBE COMMITMENT
 
Federally Certified Disadvantaged Business Enterprises (DBE) & State Recognized/Certified – Minority, Women and Emerging Small Businesses (M/W/ESB)
 
ODA’s DBE and Minority, Women and Emerging Small Business commitment is designed to increase access, remove barriers to participation and improve contracting policies.
 
ODA’s DBE policies are race and gender neutral.  All Federal Certified DBE and State Certified M/W/ESB contractors are welcome to participate in any of ODA’s bidding and proposal solicitations and contracting processes.  ODA does not certify contractors, but rather relies on State of Oregon certification.  For more information, please go to the State of Oregon’s website for Economic and Business Equity at http://www.oregon.gov/gov/MWESB or call (503)986-6524
 
 
Are you a state certified MBE, WBE or ESB?  Or federally certified DBE?
 
ODA intends to aggressively seek opportunities to do business with certified disadvantaged minority-owned, women-owned and emerging small businesses for all of our business and project needs.
 
To find a state certified firm or businesses please go to:  http://www4.cbs.state.or.us/ex/dir/omwesb
 
For more information on how to become certified please go to:  http://www.oregon.gov/gov/MWESB
 
 
Good Faith Effort for ODA’s Federally Funded Construction Projects.
 
On all major construction projects, prime bidders are encouraged to demonstrate a good faith effort in inviting Federal Certified DBE and State Certified MWESB firms to bid on all contracts and subcontracts.  The intent is to promote communication with local DBE and MWESB firms so that they can complete for work within their area of expertise.
 
 
Community Outreach
 
ODA participates in a variety of professional groups in an effort to diversify bidders and communicate with small business and contractors.  ODA also works with Oregon Department of Transportation (ODOT) to further its presence with community outreach in a combined effort on aviation transportation projects.
 
(DBE Goals – Based on 9th Circuit’s ruling, contracts can be awarded without the lowest responsive bidder meeting the goal or demonstrating a good faith effort to meet the goal)
 
 
FEDERAL DBE COMPLIANCE AND MONITORING
 
The DBE program ensures all program participant compliance with federal requirements pursuant to 49 CFR Part 26.  DBE compliance is to ensure that scheduled work is actually being performed, managed and controlled by the DBE company contracted to perform on the contract.
 
The DBE program provides the following activities in its efforts to monitor contracts:
  • Conducts desk audits to determine actual DBE participation level for each project.  Contractors are requested to submit monthly utilization reports with each progress billing and/or certified payroll.  Forms are provided by the contractor.
  • General Contractor shall notify the Owner at least one week in advance of terminating any contract with any DBE listed as a subcontractor.
  • Reviews prime contractor’s billings and payments to subcontractors and suppliers for payment.
  • Reviews change orders for their effect on DBE contract values.
  • Attends project progress meetings.

 

BOLI Compliance – Prevailing Wages & Davis Bacon Compliance is mandatory.

       -      All FAA contracts are subject to prevailing wage and Davis Bacon.

 

ODA updates their FFY Over goals every three years per CFR Part 26.45.

 

ODA 3-Year DBE Goal Calculation Overview

 

                        Total Federal            DBE $             DBE

                        Funds                                                 Goal %

 

FFY 2012       $3,925,000              $215,841       5.50%

FFY 2013       $2,625,000              $216,637       8.25%

FFY 2014       $2,230,000              $88,681         3.98%

3-Year total  $8,780,000                $521,159       5.94%

 

 

METHOD

In arriving at this goal, the ODA has researched the U.S. Census Bureau, County Business Patterns Section, to obtain the total number of businesses in the designated market area surrounding the airport specific project site that fall within the appropriate North American Industry Classification Systems (NAICS) code, which match the prevalent work to be accomplished under federal grant.  ODA also consulted the DBE and Oregon Office of Minorities, Women and Emerging Small Businesses (OMWESB) Certified Directory maintained by the State of Oregon to find the number of certified businesses in the job classifications for project work for the fiscal year.  Individual DBE goals will be calculated for each Airport Improvement Program (AIP) and General Aviation Entitlement grant issued to ODA in FFY’s 2012, 2013 and 2014.  The individual calculations include both a percentage goal and a dollar goal.  ODA added each DBE goal and averaged that goal to calculate an overall DBE fiscal goal.