(A) Section 26.1, 26.23 objectives. The objectives can be found in the objectives/policy statement of this program.
(B) Section 26.3 applicability. Metra is the recipient of federal transit funds authorized by Titles I, III, V and VI of ISTEA, Pub. Law No. 102-240 or by federal transit laws in 49 U.S.C., or Titles I, II and V of the Teas-21, Pub. Law No.105-178.
(C) Section 26.5 definitions. The terms used in this program are defined in 49 C.F.R. § 26.5. Metra will add new/amended definitions as they are provided by DOT and will not include any definitions for terms not defined in 49 C.F.R. § 26.5.
DISADVANTAGED BUSINESS ENTERPRISE (“DBE”). A for-profit small business concern:
(a) That is at least 51% owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51% of the stock is owned by one or more such individuals; and
(b) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
SMALL BUSINESS CONCERN. With respect to firms seeking to participate as DBEs in DOT-assisted contracts, a small business concern as defined pursuant to § 3 of the Small Business Act, being 15 U.S.C. § 632, and Small Business Administration regulations implementing it (13 C.F.R. part 121) that also does not exceed the cap on average annual gross receipts specified in 49 C.F.R. § 26.65(b).
SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUAL. Any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is:
(1) Any individual who a recipient finds to be a socially and economically disadvantaged individual on a case-by-case basis; and
(2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged:
(a) “Black Americans”, which includes persons having origins in any of the Black racial groups of Africa;
(b) “Hispanic Americans”, which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American or other Spanish or Portuguese culture or origin, regardless of race;
(c) “Native Americans”, which includes persons who are American Indians, Eskimos, Aleuts or Native Hawaiians;
(d) “Asian-Pacific Americans” which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marians Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia or Hong Kong;
(e) “Subcontinent Asian Americans”, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
(f) Women; and
(g) Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.
(C) Section 26.7 non-discrimination requirements.
(1) Metra will never exclude any person from participation in, deny any person the benefits of or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 C.F.R. part 26 on the basis of race, color, sex or national origin.
(2) In administrating its DBE program, Metra will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex or national origin.
(D) Section 26.11 record keeping requirements.
(1) Uniform report of DBE awards or commitments and payments 26.11(a). Metra will report DBE participation to the FTA on a semi-annual basis using the uniform report of DBE awards or commitments and payments, found in Appendix B to the DBE regulation, being Appendix B to 49 C.F.R. part 26.
(2) Section 26.11(c) bidders list.
(a) Metra will create a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on DOT-assisted contracts. The purpose of this requirement is to allow use of the bidders list approach to calculating overall goals. The bidders list will include the name, address, DBE/non-DBE status, age and annual gross receipts of firms.
(b) Metra will collect this information by requiring Metra’s prime contractors to collect it from their non-DBE subcontractors and report it to Metra as part of the award process.
(E) Section 26.13 assurances. Metra has signed the following assurances, applicable to all DOT-assisted contracts and their administration:
(1) Section 26.13(a) federal financial assistance agreement assurance.
(a) Metra shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. Metra shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. Metra’s DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to Metra of its failure to carry out its approved program, the Department may impose sanctions as provided under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801 et seq.).
(b) This language will appear in financial assistance agreements with sub-recipients.
(2) Contract assurance 26.13(b). Metra will ensure that the following clause is placed in every DOT-assisted contract and subcontract:
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Metra deems appropriate.
(Ord. MET 12-08, passed 5-11-2012)