Policy Statement: The Orange County Transportation Authority (OCTA) receives federal financial assistance from the U.S. Department of Transportation (U.S. DOT) and, as a condition of receiving this assistance, OCTA has signed an assurance that it will fully comply with Title 49 Code of Federal Regulations (CFR), Part 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and subsequently issued U. S. DOT Guidance. These regulatory provisions and OCTA’s DBE Program apply to all OCTA’s U.S. DOT-assisted contracts.
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OCTA’S DBE Program on U.S. DOT-assisted Contracts

Welcome to the Orange County Transportation Authority’s (hereinafter referred to as “OCTA”) Disadvantaged Business Enterprise (DBE) Program site. This site has been developed with the objective providing assistance and outreach to Disadvantaged Business Enterprises (DBE) that want to work on OCTA contracts.

OCTA receives U.S. Department of Transportation (DOT) Federal Assistance funds through the Federal Transit Administration and the Federal Highway Administration. As a condition of receiving such assistance has developed a DBE Program in accordance with federal regulations published under U.S. DOT 49 CFR Part 26.

In accordance with these regulations OCTA’s policy is to ensure that minority-owned, women-owned, and other disadvantaged small businesses can fairly compete for and perform on contracts and subcontracts financed in whole, or in part with DOT funds.

To view OCTA’s DBE Program, click on the link below:

OCTA's DBE Goal for Federal Fiscal Years 2019/21

OCTA has developed a proposed overall (triennial) DBE goal for the three federal fiscal years beginning October 1, 2018 and ending September 30, 2021. The goal has been calculated using a DOT-approved goal-setting methodology, as described in 49 CFR 26.45. Click below to view the goal calculation and methodology:

As part of the public participation process, OCTA has distributed its goal and methodology to local/ethnic chambers of commerce and other business/community-based organizations dedicated to assisting and growing small and disadvantaged businesses. The DBE goal has been advertised via Public Notice in general circulation publications and on OCTA’s website, see below:

OCTA will work to meet its overall DBE goal and increase DBE participation on, OCTA’s U.S. DOT-assisted contracts, by utilizing a combination of race-conscious and race-neutral DBE Program elements.

OCTA will establish contract-specific DBE goals to meet any portion of the overall DBE goal that OCTA does not project being able to meet using race-neutral means. OCTA will establish contract-specific goals only on those U.S. DOT-assisted contracts that have subcontracting opportunities. OCTA may establish a DBE contract goal that is higher or lower than its overall goal, depending on such factors as the type of work involved, the location of the work, and the availability of DBEs for the work of the particular contract.

California Unified Certification Program

OCTA participates in the California Unified Certification Program (CUCP) as a non-certifying agency. To obtain information regarding the CUCP or to download the CUCP application, please see below.

To receive DBE credit on an OCTA contract, firms must obtain their DBE certification from a California Unified Certification Program (CUCP) certifying member agency and be certified in the North American Industry Classification System (NAICS) code applicable to the contract scope of work.

DBE Program Reporting

Monthly DBE status reports are collected on all U.S. DOT-assisted contracts with a DBE goal and/or commitment. Click on the DBE Form below you would like to download.

OCTA has initiated implementation of a web-based reporting system provided by Enhanced Compliance Application Tool (ECAT) to monitor compliance with prompt payment and retention requirements, as well as DBE utilization progress. Training videos created by OCTA as a supportive service remain accessible at any time via the link below:

To access the ECAT reporting site, click the link below:

Bidder/Offeror Resources

  • Demonstrating Responsiveness to a procurement with a contract-specific DBE goal

If a procurement is race-conscious (DBE goal assigned) bidders/proposers must demonstrate responsiveness to the contract-specific DBE goal.

To demonstrate responsiveness a bidder/proposer must:

Meet the contract-specific DBE goal with eligible DBE participation

or

Demonstrate adequate Good Faith Efforts (GFE) were undertaken to meet the goal.

To ensure you have met all related DBE requirements, review the pre-bid or pre-proposal DBE Requirement presentation posted on CAMMNET as an Addendum to the solicitation.

  • Demonstrating Good Faith Efforts

The bidder/proposer must have undertaken all necessary and reasonable steps to achieve a DBE goal that by their scope, intensity, and appropriateness to the objective could reasonably be expected to obtain sufficient DBE participation.

OCTA has prepared the following GFE toolkit to assist bidders/proposers in understanding how to demonstrate adequate GFE:

  • GFE Toolkit
    • Request for Reconsideration of DBE Non-Responsive Determination

    In instances where contract goals are established and the bidder/proposer either fails to satisfy the requirements for meeting the contract goal or fails to document a sufficient GFE to do so, OCTA will afford the bidder/proposer, prior to award of the contract, an opportunity for administrative reconsideration of OCTA's determination of non-responsiveness.

    Unless otherwise specified, the bidder/proposer may, within two (2) business days of being informed by OCTA of its non-responsiveness due to its failure to document and provide sufficient and adequate GFEs in the subject procurement, request administrative reconsideration. Bidders/Proposers must make the request in writing to the Reconsideration Official as designated herein.

    The bidder/proposer will have the opportunity to meet with the Reconsideration Official in person to discuss the issue whether it met the goal or made adequate GFE to do so. Bidder/proposer cannot submit new evidence of GFE but may present information supporting why the documentation they submitted by 4:00 p.m. on the second business day after the bid/proposal due date evidenced adequate GFE. GFE performed after the bid/proposal due date will not be considered.

    The Reconsideration Official will send the bidder/proposer a written decision on reconsideration within seven (7) business days of the hearing. The Reconsideration Official's decision is final and not administratively appealable to the United States Department of Transportation (USDOT) or any other entity.

    Resources and Supportive Services for Small and Disadvantaged Businesses

    • Small Business Administration (SBA)

    To develop and improve immediate and long-term business management, record keeping, and financial and accounting capability, OCTA encourages DBEs and other small businesses to visit the Small Business Administration’s resources webpage, specifically tailored to be responsive to small business needs:

    http://www.sba.gov/contracting/resources-small-businesses

    • The Southwest Small Business Transportation Resource Center (SBTRC)

    The Southwest SBTRC serves the states of Arizona, California, Hawaii and Nevada. It is their mission to grow and empower small business concerns throughout the region through Access, Education, and Opportunity. Through its programs and services, Southwest SBTRC provides local businesses with the resources and tools necessary for success and connects them to opportunities to grow their business. To access more information, please visit Southwest SBTRC’s website:

    https://www.transportation.gov/osdbu/sw-region-sbtrc

    Small and Disadvantaged Business Bonding Assistance

    The Orange County Transportation Authority (OCTA) is committed to the growth of Small and Disadvantaged Businesses within OCTA’s market area and regularly communicates with its subcontracting community to identify possible barriers to the growth and success of Small and Disadvantaged Businesses. OCTA recognizes that a firm’s ability to obtain performance and payment bonds can pose a significant barrier to their ability to win public sector contracts and for those firms that are able to obtain bonds, being able to bond adequately may also often pose a barrier to working on public contracts.

    Follow this link to access information on Bonding Assistance Resources.

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