TRB DBE Committee Meeting

January 11, 2016

FAA DBE PROGRAMUPDATE

Presented by: Marcus H. England

FAA Office of Civil Rights National Airports Policy and Compliance

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Presentation Topics FAA DBE Program Structure FAA Reauthorization DOT (FAA) OIG Audit Certification Training USDOT DBE Academy dbE-Connect DBE Program Best Practices Upcoming FAA Action

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FAA DBE Program Structure National External Operations Team• Manages the FAA National DBE Program

• Conduct Onsite Compliance Reviews (7-8) per FY

• Provide DBE Training and Technical Assistance

• Custodians of dbE-Connect System

Policy and Compliance Team• Provide DBE Program policy oversight

• Provide regulatory interpretation (through guidance documents if necessary)

• Assist National External Operations Team as needed

• Collaborates with USDOT CR colleagues to strengthen DBE Program compliance via guidance or proposed rulemaking

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FAA Reauthorization

The FAA Reauthorization expires on March 31, 2016. A few items have been debated for inclusion:

•Increase Passenger Facility Charge

•Conform DOT DBE Business Size standards to SBA standards

•Define Veteran-owned businesses as DBEs

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DOT OIG Audit Update

The DOT OIG is in year 3 of its three year audit (2013) of FAA’s DBE and ACDBE Program with a focus on:

•Utilization of New Firms

•Interstate Certification Process

Audit reports can be found at:https://www.oig.dot.gov/sites/default/files/FAA%20airport%20new%20DBEs%20final.pdf

https://www.oig.dot.gov/sites/default/files/FAA%20DBE%202.pdf

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Certification Training

The DBE/ACDBE Certification Training Program is now housed at the National Highway Institute (NHI) and can be found at:http://www.nhi.fhwa.dot.gov/training/course_search.aspx?sf=0&course_no=361031

Development continues on the advanced certification training modules as well as the condensed certification training for DBELO/ACDBELO's that do not certify

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USDOT DBE Academy• A consortium of DOT modal administrations which provides DBE [group] training and one on one consultation

Next Academy is scheduled for January 25-27, 2016Los Angeles International Airport

For more information and to register -

Email patricia.wright@faa.gov Phone: 310-725-3955 or 619-512-6683

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dbE-Connect System• The FAA has moved to dbE-Connect for submission of Uniform Reports for DBE and ACDBE

Participation and the old DOORS system is no longer available for any mode

• Airport sponsors will be able to submit information such as (DBE/ACDBE) utilization reports, program updates, three-year goal methodologies, and more electronically to the system rather than via email or snail mail. faa.dbesystem.com

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DBE Program Best PracticesThe OIG identified several airport best practices that foster the use of new DBEs and ACDBEs:

• Unbundle large contracts• Enter into direct contracts or leases with DBE/ACDBE firms• Utilize technology to facilitate concessions services’ access to passengers• Post bid and prime contractor payment information to airport databases• Implement mentor-protégé programs• Encourage DBE and ACDBE firms to utilize services provided by the OSDBU-sponsored Small Business Transportation Resource Centers

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DBE Program Best Practices (cont’d)• Identify unique concession concepts that reflect the flavor of the region

• Act proactively to certify small firms that could likely do business on airport, and in particular, in areas that traditionally have low participation of DBE and/or ACDBE firms

• Allow concession primes to mentor new ACDBE firms without counting the ACDBE participation until such a time that the ACDBE firm can fully participate in a joint venture and be counted consistent with the regulations and joint venture guidance

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Upcoming FAA ActionIn FY16, the FAA will address a number of major programmatic concerns to include:

Car Rental Concession Industry ACDBE Joint Ventures Prompt Payment

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FraudFAA continues to be committed to addressing fraud and abuse in the DBE program

In November 2015, the FAA debarred a Chicago airport contractor for using a DBE pass through on an FAA funded contract

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Questions