Laserfiche WebLink
Local Assistance Procedures Manual Chapter 9 <br />Civil Rights & Disadvantaged Business Enterprise <br />and conditions of the contract. The mechanisms may also provide that any delay or <br />postponement of payment among the parties may take place only for good cause with the <br />Agency's prior written approval. <br />9.7 DBE Participation on the Contract <br />Participation Opportunities <br />The local agency should structure its contracts and cost estimates by task to provide <br />opportunities for DBE participation. Participation by DBEs is possible during the Preliminary <br />Engineering, Environmental, Final Design, Right of Way, and Construction phases of the <br />project, and includes work as lead consultants, prime contractors, sub -consultants, <br />subcontractors, suppliers, vendors and truckers. <br />DBE Contract Goals <br />All federal -aid contracts that have subcontracting opportunities must have a DBE goal set. This <br />includes, but is not limited to: construction, consultant services such as project specific <br />Architectural & Engineering (A&E), and master on -call A&E contracts. A DBE contract goal is a <br />percentage of the total contract amount that is expected to be performed by certified DBE firms. <br />The DBE contract goal will vary depending on the type of work involved, the location of the <br />work, and the availability of DBEs for the work of the particular contract. <br />The contract goal may be zero in situations such as extremely limited subcontracting <br />opportunities, the lack of certified DBEs available in the District for the work to be performed, or <br />other reasons. The local agency will need to keep documentation in the project file when a zero <br />percent DBE contract goal is deemed appropriate. <br />Some contracts, such as Emergency Opening, Sole -source, Nonprofit do not require a DBE <br />goal. Work performed through Force Account also does not need a DBE goal. In these cases, <br />there is no contract goal (different from zero percent goal). <br />Setting the DBE Contract Goal <br />When setting a DBE goal, the Agency may use contract goals only on those federal -aid <br />contracts that have subcontracting possibilities. The goal for a specific contract may be higher <br />or lower than the percentage level of the statewide overall goal, depending on such factors as <br />the type of work involved, the location of the work, and the availability of DBEs for the work of <br />the particular contract. However, over the period covered by the State's overall goal, the Agency <br />must set contract goals, and these individual contract goals will cumulatively result in meeting <br />any portion of the state's overall goal. The actual DBE participation for each of the local <br />agency's contracts contributes to the calculation used to determine if the statewide goal has <br />been met. <br />Caltrans approval of each contract goal is not necessarily required. However, Caltrans may <br />review and approve or disapprove any contract goal the Agency establishes. The Agency's <br />contract goals must provide for participation by all certified DBEs and must not be subdivided <br />into group -specific goals. <br />DBE contract goals are established to encourage more participation of DBEs for federal -aid <br />transportation contracts. The bullets below provide a summary guidance of how to set the DBE <br />contract goal. For a detailed set of instructions and a template example, please refer to Exhibit <br />9-D: DBE Contract Goal Methodology. <br />Page 21 of 38 <br />January 2021 <br />