Our Policy Statement is below and the entire document can be accessed at the following link: WestCAT DBE Program (Amended) (1640k file)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL
Federal Fiscal Years 2019-20 Through 2021-22
In accordance with requirements of the U.S. Department of Transportation as set forth in 49 C.F.R. Part 26, as amended, Western Contra Costa Transit Authority (WCCTA) hereby notifies the public that it is has calculated its anticipated goal for applicable professional services contracts during Federal Fiscal Year (FFY) 2019-2022. The overall total DBE goal calculation for FFY2019-2022 is 0% and applies to Federal Transit Administration funded contracts. Information pertaining to this goal calculation and a description of how it was determined is available for inspection from 8:00am – 5:00pm at WCCTA’s Administrative Office located at 601 Walter Avenue, Pinole, CA 94564 for 30 days following the original date of publication of this notice on May 16, 2019.
Written comments on this goal will be accepted for 45 days from the original date of publication of this notice on May 16, 2019. The comments may be sent to: Western Contra Costa Transit Authority, Attn: DBE Liaison Officer, 601 Walter Avenue, Pinole, CA 94564. Comments may also be submitted to the : Civil Rights Officer-Region IX, U.S. Department of Transportation, Federal Transit
Western Contra Costa Transit Authority Disadvantaged Business Enterprise Program Policy Statement
Section 26.1, 26.23 Objectives/Policy Statement The Western Contra Costa Transit Authority, herein after referred to as “WestCAT”, has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. WestCAT has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, WestCAT has signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of WestCAT to ensure that DBEs are defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy:
- To ensure nondiscrimination in the award and administration of DOT-assisted contracts;
- To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;
- To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
- To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;
- To help remove barriers to the participation of DBEs in DOT assisted contracts;
- To assist the development of firms that can compete successfully in the market place outside the DBE Program.
WestCAT’s policies prohibit discrimination against any person because of race, color, sex or national origin, in the award or performance of any contract subject to the requirements of 49 CFR Part 26.
WestCAT requires its employees, agents and contractors to adhere to the provisions of this Program. WestCAT delegated Mike Furnary as the DBE Liaison Officer (DBELO). In that capacity, the DBELO is responsible for implementing all aspects of the DBE program.
WestCAT in its financial assistance agreements with the Department of Transportation accorded the implementation of the DBE program the same priority as compliance with all other legal obligations incurred. WestCAT disseminated this policy statement to the WestCAT Board of Directors,
WestCAT’s staff and all of the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work or are interested in performing work for us on DOT-assisted contracts. The complete DBE Program and overall annual DBE goal analysis are available for review at the WestCAT office:
601 Walter Avenue
Pinole, CA 94564
Contact the DBE Liaison Officer, Mike Furnary, at (510) 724-3331, by fax at (510) 724-5551, or by e-mail.
Our Policy Statement is below and the entire document (including forms) can be accessed via the DBE/SBE Program link above.
Small Business Participation
Western Contra Costa Transit Authority established and implemented a Small Business Enterprise (SBE) element as one of its race-neutral methods of achieving small business participation, including DBE participation, on particular contracts with subcontracting opportunities. The SBE element applies to all WCCTA contracts, regardless of funding source, where WCCTA employs race-neutral /gender-neutral methods. WCCTA will take all reasonable steps to eliminate obstacles to SBE prime contractor or subcontractor participation in WCCTA procurement activities.
Definition of Small Business Enterprise
To participate as an eligible small business in programs administered by WCCTA, a firm must meet both of the following requirements:
A firm (including affiliates) must be an existing small business as defined by Small Business Administration (SBA) regulations, 13 CFR Part 121, under the North American Industry Classification System (NAICS). The firm must hold one of the acceptable certifications listed in Section B below:
b. Even if a firm meets the above requirement, the firm, including affiliates’, average annual gross receipts cannot exceed a maximum of $23.98 million (or as adjusted for inflation by the Secretary of U.S. DOT) over the previous three years. SBA size standards vary by industry, and industries may be higher than the $23.98 million cap. For example, the SBA size standard for a general construction contractor is $36.5 million. If a general construction contractor’s average annual gross receipts over the previous three-years is $25 million, while it is below $36.5 million and meets the SBA size standard, it would be ineligible to participate as a small business for WCCTA purposes as it exceeds $23.98 million.
Please verify the appropriate maximum gross receipts for your type of business. Current SBA size standards found at the link provided:
Certification is required of firms at the time of bid submittal.
Disadvantaged Business Enterprise (DBE) certification pursuant to U.S. Department of Transportation regulations, 49 CFR Part 26. This includes DBE certifications performed by the CUCP or by the UCP of any other state.
State Minority Business Enterprise (SMBE) and State Women Business Enterprise (SWBE) certification by the State of California or by any other state provided their certification comply with Section A1a and A1b above. In addition to copies of SMBE/SWBE certifications, bidders certified out-of-state must submit an affidavit of size for each SMBE/SWBE prime contractor or SMBE/SWBE subcontractor at the time of bid submittal.
Small Business (SB) certification by the California Department of General Services (DGS) provided that their certification comply with Section A1a and A1b above. In addition to copies of SB certifications, bidders must submit an affidavit of size for each SB prime contractor or subcontractor at the time of bid submittal.
Microbusiness (MB) certification by the California Department of General Services for all industries.
8(a) by the Small Business Administration provided that their certification comply with Section A1a and A1b above. In addition to copies of
SBA 8(a) certifications, bidders must submit an affidavit of size for each SBA 8(a) prime contractor or SBA 8(a) subcontractor at the time of bid submittal.
SBE/MBE/WBE certification from other state, county or local government-certifying agency provided that their certification comply with Section A1a and A1b above. In addition to copies certifications, bidders must submit an affidavit of size for each certified prime contractor or subcontractor at the time of bid submittal.
WCCTA is a small transit agency and therefore contracts tend to be of size that small businesses, including DBEs can reasonably perform. Therefore, in order to foster SBE participation, WCCTA will structure contracting requirements to facilitate competition by small business concerns taking all reasonable steps to eliminate obstacles to their participation including unnecessary and unjustified bundling of contract requirements that may impede small business participation in procurements as prime contracts or subcontractors.
WCCTA might establish contract-specific SBE goals on particular prime contracts with subcontracting opportunities as a means of increasing small business (including DBE) participation. The General Manager/Assistant General Manager and DBE Liaison Officer will evaluate the availability of subcontracting opportunities on a contract-by-contract basis. Where a contract-specific SBE goal is established, the bidder or proposer must meet the contract specific goal or demonstrate sufficient good faith efforts. A bidder shall be ineligible for contract award if it does not meet the goal or demonstrate sufficient good faith efforts.