«Objectives/Policy Statement The Cedar Rapids Airport Commission (Commission) has established a Disadvantaged Business Enterprise (DBE) Program in ...»
CEDAR RAPIDS AIRPORT COMMISSION DBE PROGRAM
The Cedar Rapids Airport Commission (Commission) has established a Disadvantaged Business
Enterprise (DBE) Program in accordance with regulations of the U.S. Department of
Transportation (DOT), 49 CFR Part 26. The Commission has received Federal financial
assistance from the Federal Aviation Administration (FAA), and as a condition of receiving this
assistance, the Commission has signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of the Commission to ensure that DBE’s, as defined in Part 26, have an equal
opportunity to receive and participate in FAA-assisted contracts. It is also our policy to:
1. Ensure nondiscrimination in the award and administration of FAA-assisted contracts;
2. Create a level playing field on which DBE’s can compete fairly for FAA-assisted contracts;
3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. Ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBE’s;
5. Help remove barriers to the participation of DBE’s in FAA-assisted contracts; and
6. Assist the development of firms that can compete successfully in the market place outside the DBE Program.
Mr. Donald D. Swanson, Director of Finance & Administration, has been delegated as the DBE Liaison Officer (DBELO). In that capacity, the DBELO is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Commission in its financial assistance agreements with the DOT.
The Commission has disseminated this policy statement to all the components of our organization. We have distributed this statement to DBE and non-DBE business entities that perform work for us on FAA-assisted contracts. The statement is also to be published in the Cedar Rapids Gazette.
July 23, 2014 Tim Bradshaw, A.A.E., Airport Director Date Objectives (§26.1) The objectives are found in the policy statement on the first page of this program.
Applicability (§26.3) The Commission is the recipient of Federal airport funds authorized by 49 U.S.C. 47101, et seq.
Definitions (§26.5) The Commission will use terms in this program that have the meaning defined in Section 26.5.
Nondiscrimination (§26.7) The Commission 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 CFR Part 26 on the basis of race, color, sex, or national origin.
In administering its DBE program, the Commission will not directly or through contractual or other arrangements use criteria or methods of administration thathave 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.
Record Keeping Requirements (§26.11) The Commission will transmit to FAA annually on December 1, the “Uniform Report of DBE Awards or Commitments and Payments” form, found in Appendix B to this part. We will also report the DBE Contractor firms information either on the FAA DBE Contractor’s Form or other similar format.
The Commission will use the Iowa Department of Transportation (IDOT) bidders list. The purpose of the list is to provide as accurate data as possible about the universe of DBE and nonDBE contractors and subcontractors who seek to work on our DOT-assisted contracts for use in helping to set our overall goals. The bidders list will include the name, address, DBE and nonDBE status, age of firm, and annual gross receipts of firms.
Federal Financial Assistance Agreement Assurance (§26.13) Contract Assurance (§26.13a) The Commission has assigned the following assurance, applicable to all DOT-assisted contracts and their administration. This following language will appear in financial assistance agreements with sub-recipients.
The Cedar Rapids Airport Commission 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 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR Part 26 and as approved by the 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 the Cedar Rapids Airport Commission of its failure to carry out its approved program, the Department may impose sanctions as provided for under 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.).
Contract Assurance (§26.13b) The Commission will ensure that the following clause is placed in every FAA-assisted contract
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 CFR Part 26 in the award and administration of FAA-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 the recipient deems appropriate.
DBE Program Updates (§26.21)
The Commission will receive grant(s) for airport planning or development totaling $250,000 in a Federal fiscal year. We will continue to carry out this DBE Program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program for approval.
The Commission is not eligible to receive DOT financial assistance unless DOT has approved our DBE Program and we are in compliance with it and this part. We will continue to carry out our program until all funds from DOT financial assistance have been expended.
DBE Liaison Officer (DBELO) (§26.25)
We have designated the following individual as our DBE Liaison Officer:
Donald D. Swanson, Director of Finance & Administration The Eastern Iowa Airport 2515 Arthur Collins Parkway SW Cedar Rapids, Iowa 52404-8952 Phone: (319) 362-3131 Fax: (319) 362-1670 E-mail: DBELO@crairport.org In that capacity, DBELO is responsible for implementing all aspects of the DBE program and ensuring that the Commission complies with all provisions of 49 CFR Part 26. DBELO has direct, independent access to the Airport Director concerning DBE program matters. DBELO has a staff of two professional administration employees on a full-time basis that will devote a portion of their time to the program. DBELO will confer with the Commission’s consulting engineer from time to time to administer the DBE program. An organization chart displaying the DBELO position in the organization is found in Attachment A to this program.
The DBELO is responsible for developing, implementing, and monitoring the DBE program.
Duties and responsibilities include the following:
1. Gather and report statistical data and other information as required by FAA.
2. Review third-party contracts and purchase requisitions for compliance with this program.
3. Set overall three-year goals.
4. Ensure that bid notices and requests for proposals are available to DBE’s in a timely manner.
5. Identify contracts and procurements so that DBE goals are included in solicitations (both race neutral methods and contract specific goals) and monitor results.
6. Analyze Commission's progress toward goal attainment and identify ways to improve progress.
7. Participate in pre-bid meetings.
8. Advise the Airport Director and Commission on DBE matters and achievement.
9. Participates with legal counsel and project engineer to determine contractor compliance with good faith efforts.
10. Provide DBEs with information and assistance in preparing bids, obtaining bonding and insurance.
11. Provide DBE’s with information and assistance in preparing bids, obtaining bonds, and insurance.
12. Provide outreach to DBE’s and community organizations to advise them of opportunities.
DBE Financial Institutions (§26.27)
It is the policy of the Commission to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on FAA-assisted contracts to make use of these institutions. We have found no such institutions, but will make efforts to identify institutions that will work with the DBE community. Information on the availability of such institutions can be obtained from the DBE Liaison Officer.
Prompt Payment (§26.29)
The Commission has established, as part of its DBE Program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment you make to the prime contractor.
We will ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. We will
use one of the following methods to comply with this requirement:
Hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after your payment to the prime contractor.
Commission will consider a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Commission. When Commission has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.
The Commission will include the following clauses in each DOT-assisted prime contract:
The Cedar Rapids Airport Commission requires all prime contractors to pay all subcontractors for satisfactory performance of their contracts no later than 7 days from the date the prime contractor received payment or should have received payment when the reason for non-payment is not subcontractor's fault.
The Cedar Rapids Airport Commission also requires the prompt return of all retainage held on all bonded subcontractors within 30 days after the subcontractor's work is satisfactorily completed. Non-bonded subcontractors may be required to submit proof of payment for all material bills and wages to the prime contractor before the prime contractor is required to pay the retainage. Prime contractors found to be in noncompliance with the prompt payment clause will be subject to sanctions enforced by the Commission. The sanctions include issuing two-party checks for the payment of the Prime Contractor’s Application for Payment. The two-party check will be made payable to the prime contractor and its subcontractor. The Commission may notify and request corrective action from the prime contractor’s surety company, issuer of the prime contractor’s payment bond. Also, the Commission may withhold funds due the contractor pursuant to provisions of Chapter 573, Code of Iowa.
The Commission will use the Iowa DOT Directory as its primary Directory. An updated copy of the Directory will be located in the office of the Airport Director at The Eastern Iowa Airport Administration Building, 2515 Arthur Collins Parkway SW, Cedar Rapids, Iowa 52404-8952.
The Iowa DOT maintains a directory identifying all firms eligible to participate as DBE’s. The directory lists the firm's name, address, phone number, date of most recent certification, and the type of work the firm has been certified to perform as a DBE. In addition, the directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work. The Iowa DOT revises the Directory prior to advertising for a letting, approximately 10 times per year. Copies are available in Iowa DOT headquarters at the Office of Contracts 800 Lincoln Way, Ames, IA and on the Internet through Bid Express and at: www.iowadot.gov.
Over Concentration (§26.33) The Commission has not identified any over concentration. If the Commission determines that DBE firms are so "over concentrated" in a particular type of work as to "unduly" burden the opportunity of non-DBE firms who participate in this type of work, the Commission will devise appropriate measures to address the over concentration. The measures may include not counting contract goals for a particular DBE or DBE firms in general. It may also include the use of incentives, technical assistance, and other appropriate measures designed to assist DBE’s in performing work outside of the specific field. The Commission will obtain the approval of the FAA for its determination of over concentration and the measures it intends to devise to address it.
Business Development Programs (§26.35) Commission has not established a business development program.