(A) As a requirement of doing business with CRD, all suppliers and contractors must obtain a public contract number from the Department of Human Rights (on the form supplied by DHR) and advise the CRD’s DBE office of that number. Additionally, all suppliers and contractors with bids of $20,000 or more (singly or cumulatively over a 12-month period) must submit to the CRD a current workforce analysis. Contractors and/or suppliers with bids of $50,000 or more (singly or cumulatively over a 12-month period) and employing in excess of 15 persons must supply all of the documents listed above and an acceptable Affirmative Action Plan which includes goals and timetables where minority or female underutilization in the workforce exists. The Disadvantaged Business Enterprise office will monitor, audit and maintain these documents.
(B) Pursuant to the requirements of 49 C.F.R. part 26, § 23.43, the following statements shall be included in all financial assistance agreements and contracts awarded by CRD and/or its sub-recipients:
“Policy - It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 C.F.R. part 26 apply to this agreement.”
“MBE Obligation (i) The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 C.F.R. part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reason able steps in accordance with 49 C.F.R. part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts.”
(C) In addition, each DOT financial assistance agreement shall include the following:
“If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program the Department shall impose such sanctions as noted in 49 C.F.R. part 26, subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance.”
(D) The Commuter Rail Division shall advise each sub-recipient and contractor that failure to carry out the requirements set forth hereinabove shall constitute a breach of contract which may result in the termination of the agreement or contract or such remedy as the CRD deems appropriate. The CRD’s DBE staff shall provide timely notification of any violations and proposed sanctions through the Chairperson of the Board to the Department of Transportation.
(E) Sub-recipients of funds in excess of the sum of $250,000 (exclusive of transit vehicles purchases under §§ 3, 5 and 17 of the Urban Mass Transportation Act and Federal Aid Urban Systems) and $100,000 under §§ 6 and 8 of the Urban Mass Transportation Act who will let DOT/CRD assisted contracts, are required to develop and implement an MBE program conforming to the requirements of 49 C.F.R. part 26.
(F) The program shall also provide for the participation of MBEs in business opportunities as lessees, in accordance with 49 C.F.R. part 26. Such programs shall be submitted to the CRD for approval and made available for subsequent review by the applicable operating element of the Department of Transportation.
(G) (1) Each sub-recipient shall provide the CRD’s DBE office with quarterly reports of its procurement activities relative to participation by minorities, women and Section 8(a) contractors in the manner and form to be prescribed.
(2) Such reports shall include at a minimum:
(a) The number of contracts awarded to DBEs;
(b) A description of the general categories of contracts awarded to DBEs;
(c) The dollar value of contracts awarded to DBEs;
(d) The percentage of the dollar values of all contracts awarded to DBEs during the applicable period; and
(e) An indication of whether, and the extent to which, the percentage met or exceeded the goals specified in the DBE policy program.
(H) The DBE office shall make compliance reviews, including desk audits and on-site reviews, as may be deemed necessary to ensure that the intent of this policy/program is effectuated. Sub-recipients and prime contractors shall provide the CRD’s DBE office an opportunity to inspect records verifying progress in meeting DBE obligations upon request.
(Ord. CRB 84-42, passed 9-14-1984)