(A) Section 26.43 quotas. Metra does not use quotas in any way in the administration of this DBE program.
(B) Section 26.45 overall goals.
(1) In accordance with 49 C.F.R. § 26.45, Metra will submit its tri-annual overall DBE goal to the FTA on August 1 of the year specified by DOT.
(2) Metra submits its overall goal to DOT tri-annually in August. Before establishing the overall goal, Metra will consult with interested groups or persons to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs and Metra’s efforts to establish a level playing field for the participation of DBEs. Following this consultation, Metra will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at Metra’s office of DBE administration, 547 W. Jackson Blvd., Chicago, IL 60661-5717 for 30 days following the date of the notice, and informing the public that Metra and DOT will accept comments on the goals for 45 days from the date of the notice. Metra will publish this notice in a general circulation newspaper as well as minority focus media and on Metra’s website. Normally, Metra will issue this notice by June 1 tri-annually before the goal is submitted to DOT. This notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed.
(3) Our overall goal submission to DOT will include a summary of information and comments received during this public participation process and our responses.
(4) Metra will begin using our overall goal on the October 1 immediately following our tri-annual goal submittal and will continue to use that goal for three years, unless Metra receives other instructions from DOT.
(C) Section 26.47 goal setting and accountability. If the awards and commitments shown on Metra’s uniform report of awards or commitments and payments at the end of any fiscal year are less than the overall applicable to that fiscal year, we will:
(1) Analyze in detail the reason for the difference between the overall goal and the actual awards/commitments;
(2) Establish specific steps and milestones to correct the problems identified in the analysis; and
(3) Submit the plan to FTA within 90 days of the end of the affected fiscal year.
(D) Section 26.49 transit vehicle manufacturers (“TVM”). Metra will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of this section. Alternatively, Metra may, at its discretion and with FTA approval, establish project-specific goals for DBE participation in the procurement of transit vehicles in lieu of the TVM complying with this element of the program.
(E) Section 26.51 meeting overall goals/contract goals.
(1) Breakout of estimated race-neutral and race-conscious participation.
(a) 1. Metra will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating DBE participation.
2. Metra uses the following means to increase DBE participation:
a. Metra provides information on a regular basis to various minority/women organizations for contract opportunities;
b. Metra’s office of DBE Administration reviews the bidders lists for all contracting opportunities to ensure that DBEs are included;
c. Metra provides plans and specifications free of charge to DBEs;
d. Metra’s office of DBE Administration provides DBEs with bid histories when requested; and
e. Metra, on an annual basis, hosts along with the Regional Transportation Authority (“RTA”), Chicago Transit Authority (“CTA”), Pace, State Department of Transportation (“IDOT”) and the State Toll Highway Authority (“Tollway”) a Transportation Symposium with a focus on business opportunities.
(b) Metra will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect the actual DBE participation (see 49 C.F.R. § 26.51(f)), and Metra will track and report race-neutral and race-conscious participation separately. For reporting purposes, race-neutral DBE participation includes, but is not necessarily limited to, the following: DBE participation through a prime contract a DBE obtains through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry a DBE goal; DBE participation on a prime contract exceeding a contract goal; and DBE participation through a subcontract from a prime contractor that did not consider a firm’s DBE status in making the award.
(2) Contract goals.
(a) Metra will use contract goals to meet any portion of the overall goal Metra does not project being able to meet using race-neutral means. Contract goals are established so that, over a period to which the overall goal applies, they will cumulatively result in meeting any portion of our overall goal that is not projected to be met through the use of race-neutral means.
(b) Metra will establish contract goals only on those DOT-assisted contracts that have subcontracting possibilities. Metra need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, and availability of DBEs to perform the particular type of work).
(c) Metra will express contract goals as a percentage of the total amount of a DOT-assisted contract.
(F) Section 26.53 good faith efforts procedures.
(1) Information to be submitted: 26.53(b).
(a) Metra treats bidder/offerors’s compliance with good faith efforts requirements as a matter of responsiveness.
(b) Each solicitation for which a contract goal has been established will require the bidder/offeror, prior to, or with the bid/proposal, to submit the following information:
1. The names and addresses of DBEs that will participate in the contract;
2. A description of the work that each DBE will perform;
3. The dollar amount of each DBE’s participation;
4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal;
5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractors commitment; and
6. If the contract goal is not met, evidence of good faith efforts.
(2) Evaluation of good faith efforts: § 26.53(a) and (c).
(a) The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to 49 C.F.R. part 26.
(b) The DBE Director is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts so it may be responsive.
(c) Metra will ensure that all information is complete and accurate, and adequately documents the bidder/offeror’s good faith efforts before Metra commits to the performance of the contract by the bidder/offeror.
(3) Administrative reconsideration: § 26.53(d).
(a) Within five working days of being informed by Metra that it is not responsive because it has not demonstrated sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request, in writing, to the following reconsideration official: Alexander Clifford, Executive Director/CEO, Metra, 547 W. Jackson Blvd., Chicago, IL 60661-5717, 312-322-6979. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts.
(b) As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. Metra will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so.
(c) The result of the reconsideration process is not administratively appealable to the Department of Transportation.
(4) Section 26.53(f) good faith efforts when a DBE is terminated/replaced on a contract.
(a) Metra will require the prime contractor to notify the DBE Director immediately of the DBE’s inability or unwillingness to perform and to provide reasonable documentation. Termination of the DBE shall require Metra’s prior consent. Metra will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal.
(b) In this situation, Metra will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. Failure to abide by the DBE participation requirements shall be viewed as a breach of contract and subject to such sanctions and penalties as allowed by law.
(5) Counting DBE participation (Section 26.55). Metra will count DBE participation toward overall and contract goals as provided in 49 C.F.R. part 26.55.
(Ord. MET 12-08, passed 5-11-2012)