(A) Section 26.61 through 26.73 certification process.
(1) Metra will use the certification standards of 49 C.F.R. part 26 subpart D and the certification procedures of 49 C.F.R. part 26 subpart E to determine the eligibility of firms to participate as DBEs in DOT-assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards. Metra will make its certification decisions based on the facts as a whole.
(2) For information about the certification process or to apply for certification, firms should contact: Janice R. Thomas, Director, office of DBE administration, 547 W. Jackson Blvd., Chicago, IL 60661-5717, (312) 322-6323 or online at the following address: www.metrarail.com.
(3) Our certification application forms and documentation requirements are found in Attachment B to this program and incorporated herein by reference as if fully set out herein.
(B) Recertification. For firms that Metra has certified or reviewed and found eligible under 49 C.F.R. part 26, Metra will again review their eligibility five years from their last certification or recertification. These reviews will include an on-site review and completion of a Continued Eligibility Affidavit (“CEA”).
(C) “No change” affidavits and notices of change.
(1) Metra requires every DBE to inform us, in written affidavit, of any change in its circumstances affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 C.F.R. part 26, or any material changes in the information provided with the DBE’s application for certification within 30 days of change.
(2) Metra also requires all owners of all DBE firms that have been Metra certified to submit, on the anniversary date of the firm’s certification, a “no change” affidavit. The following is an excerpt of the text of this affidavit:
I swear that there have been no changes in the circumstances of [name of DBE firm] affecting its ability to meet the size, disadvantaged status, ownership, or control requirements of 49 C.F.R. part 26. There have been no material changes in the information provided with [name of DBE]’s application for certification, except for any changes in which you have provided written notice under 49 C.F.R. 26.83(I). The applicant and its affiliates continue to meet the Small Business Administration (SBA) criteria for being a small business and its average annual gross receipts (pursuant to SBA, NAICS size limits), in addition to ensuring the firm’s previous three fiscal years, does not exceed the USDOT, $22.41 million size limit.
(3) Metra requires DBEs to submit with this affidavit documentation of the firm’s size and gross receipts.
(4) Metra will notify all currently certified DBE firms by mail of these obligations on the anniversary date of certification. This notification will inform DBEs that to submit their “no change” affidavit, their owners must swear or affirm that they meet all regulatory requirements of 49 C.F.R. part 26, including personal net worth. Likewise, if a firm’s owner knows or should know that he or she, or the firm, fails to meet a 49 C.F.R. part 26 eligibility requirement (e.g., personal net worth), the obligation to submit a notice of change applies.
(D) Removal of eligibility.
(1) In the event Metra proposes to remove a DBE’s certification, Metra will follow procedures consistent with 49 C.F.R. § 26.87. Attachment C to this program sets forth these procedures in detail. To ensure separation of functions in a decertification, Metra has determined that the DBE Director will serve as the decision maker in decertification proceedings.
(2) If Metra denies a firm’s application because the applicant did not submit all requested information, the applicant may submit the missing information at a later date (as long as the firm is not being considered for credit towards DBE goal achievement on a pending project), and we will reopen the file for evaluation. If the applicant is denied for failure to meet the eligibility criteria of 49 C.F.R. part 26, then the applicant must wait 12 months to reapply.
(3) Section 26.81 unified certification program. Metra is a member of the State Unified Certification Program (“ILUCP”) administered by State Department of Transportation (“IDOT”). The ILUCP will meet all of the requirements of this section. Metra will use and count for DBE credit only those DBE firms certified by the Illinois Unified Certification Program.
(4) Sections 26.83 through 26.91 procedures for certification decisions.
(a) Metra will follow the certification processes of 49 C.F.R. part 26 subpart E to determine the eligibility of firms to participate as DBEs in DOT-assisted contracts. The State Unified Certification Program Procedures are found in Attachment D to this program.
(b) For information about the certification process or to apply for certification, firms should contact: Janice R. Thomas, Director, office of DBE administration, 547 W. Jackson Blvd., Chicago, IL 60661-5717, 312-322-6323.
(E) Certification appeals.
(1) Any firm or complainant may appeal our decision in a certification matter to DOT. Such appeals may be sent to:
U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Ave. SE, Rm. W78-340 Washington, DC 20590 |
(2) Metra will promptly implement any DOT certification appeal decisions affecting the eligibility of DBEs for our DOT-assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous).
(Ord. MET 12-08, passed 5-11-2012)