ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) 2 - 2017

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COOPERATIVE AGREEMENT NO. C-6-1516 EXHIBIT D III. Authority's DBE Policy Implementation Directives Pursuant to the provisions associated with federal regulation 49 CFR, Part 26, the Disadvantaged Business Enterprise (DBE) program exists to ensure participation, equitable competition, and assistance to participants in the USDOT DBE program. Accordingly, based on the Authority's analysis of its past utilization data, coupled with its examination of similar Agencies' Disparity Study and recent Goal Methodology findings the Authority has implemented the reinstatement of the DBE program utilizing both race -conscious and race -neutral means across the board as all protected groups participation have been affected using strictly race neutral means on its FTA -assisted contracts. The Authority reinstates the use of contract goals and good faith efforts. Meeting the contract -specific goal by committing to utilize DBEs or documenting a bona fide good faith effort to do so, is a condition of award. Additionally, contract -specific goals are now specifically targeted at DBEs (DBEs owned and controlled by Black Americans, Hispanic Americans, Asian -Pacific Americans, Native Americans, Asian -Pacific Americans, Sub -Continent Asian Americans, and Women). In the event of a substitution, a DBE must be substituted with another DBE or documented adequate good faith efforts to do so must be made, in order to meet the contract goal and DBE contract requirements. Definitions The following definitions apply to the terms used in these provisions: 1. "Disadvantaged Business Enterprise (DBE)"means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly -owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 2. "Small Business Concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto, except that a small business concern must not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $19.57 million over the previous three fiscal years. 3. "Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the united States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, or Asian -Indian Americans, women and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act, or by the Authority pursuant to 49 CFR part 26.65. Members of the following groups are presumed to be socially and economically disadvantaged: A. "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; Exhibit D Page 5