Presented by:

Lambert Airport – Business Diversity Development Office

Bi-State Development – Supplier Diversity

MoDOT – Office of External Civil Rights

December 2015

Certification Workshop Purpose

Obtain information about the DBE/ACDBE/SBE

Program

Obtain information about the MBE/WBE Program

Guidance through the certification application

process

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DBE History Initial legislation enacted in 1983 by U.S.

Department of Transportation (USDOT)

Designed as a vehicle to increase the

participation of underutilized companies in

USDOT-assisted projects

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US DOT Administrations Federal Aviation Administration (FAA)

Federal Highway Administration (FHWA)

Federal Transit Administration (FTA)

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Objectives of the ACDBE/DBE/SBE

Program

Ensure that ACDBEs/DBEs/SBEs can compete fairly for

federally funded transportation-related projects

Ensure that only eligible firms participate as

ACDBEs/DBEs/SBEs

Assist firms in competing outside the ACDBE/DBE/SBE

Program

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Definition of a Disadvantaged Business

Enterprise (DBE ) Pursuant to 49 CFR Part 26, a DBE is defined as a for-profit

small business concern:

That is at least 51% owned by individuals who are both

socially & economically disadvantaged

Whose management and daily business operations are

controlled by the socially & economically disadvantaged

individuals who own it

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Definition of an Airport Concession

Disadvantaged Business Enterprise (ACDBE )

Pursuant to 49 CFR Part 23, an ACDBE is defined as a

concession that is a for-profit small business concern:

That is at least 51% owned by individuals who are both

socially & economically disadvantaged

Whose management and daily business operations are

controlled by the socially & economically disadvantaged

individuals who own it

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Definition of a Small Business

Enterprise (SBE) In accordance with 13 CFR Part 121, the Small Business

Administration (SBA) defines a small business concern as

one that is for-profit and independently owned & operated

Cannot exceed the size standard for its industry

Determined by number of employees; or

Determined by its average annual receipts over the previous

3 fiscal years *for the purposes of DBE certification, no firm can have average annual receipts over the previous

3 years that exceed $23.98M, airport concessionaires - $56.42M, car rental firms 75.23M*

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Affiliation Affiliation has the same meaning as in SBA regulations in

13 CFR Part 121. Firms are affiliates of each other when

one either directly or indirectly;

Controls or has the power to control the other

A third party has the power to control both

An identity of interest exist between or among parties

Must consider all appropriate factors including common

ownership, common management, contractual

relationships to determine whether affiliation exists

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Socially Disadvantaged A Citizen or lawfully admitted permanent resident of the

United States who are:

Black Americans

Hispanic Americans

Native Americans

Asian-Pacific Americans

Subcontinent Asian Americans

Women

Individual case-by-case determination (49 CFR Part 26, appendix E)

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Economically Disadvantaged Personal Net Worth (PNW) must be less than $1.32

million

PNW excludes:

Equity in primary residence

Ownership interest in applicant firm

Must submit a signed, notarized statement of PNW with

supporting documentation

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Missouri Unified Certification Program

(UCP) “one-stop shopping” to applicants for certification

Missouri Regional Certification Committee (MRCC)

oversees the UCP for the state

Certifying Agencies:

Bi-State Development

City of Kansas City

City of St. Louis (Lambert Airport)

Kansas City Area Transit Authority

Missouri Department of Transportation (MoDOT)

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About DBE/ACDBE/SBE

Q & A

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MBE/WBE History Mayor’s Executive Order #28, as amended, established

Minority & Women Owned Business participation on City

of St. Louis contracts

MBE/WBE Rules & Guidelines adopted by St. Louis

Development Corporation on September 15, 2011

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Objectives of the MBE/WBE Program

Maximize opportunities of MBEs/WBEs in contracting

opportunities made available by City of St. Louis

incentives

Foster positive relationships between MBEs/WBEs and

other businesses that lead to long-term opportunities in the

public and private sectors

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Definition of a Minority Business

Enterprise (MBE ) A legally formed entity, owned, operated and controlled

by Minority Group Members who:

is a business entity authorized to do business in Missouri

that maintains a facility within the St. Louis Metropolitan

Statistical Area with adequate personnel, equipment,

materials and facilities

have at least 51% ownership

maintain daily operational & managerial control

have interest in capital and earnings commensurate with

ownership percentage

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Definition of a Woman Business

Enterprise (WBE ) A legally formed entity, owned, operated and controlled

by one or more Women who:

is a business entity authorized to do business in Missouri

that maintains a facility within the St. Louis Metropolitan

Statistical Area with adequate personnel, equipment,

materials and facilities

have at least 51% ownership

maintain daily operational & managerial control

have interest in capital and earnings commensurate with

ownership percentage

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St. Louis Metropolitan Statistical Area

(MSA)

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Missouri Counties/Cities Illinois Counties

City of Sullivan Bond

Franklin Calhoun

Jefferson Clinton

Lincoln Jersey

St. Charles Macoupin

St. Louis City Madison

St. Louis Monroe

Warren St. Clair

About MBE/WBE

Q & A

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Certification Process Application & supporting documents submitted

Application logged and assigned to Analyst by Certification

Manager

Acknowledgement letter sent to firm

Desk audit conducted

If necessary, 10 day letter mailed/e-mailed to request missing

or additional information

Has the firm responded?

No: 5 day final notice mailed

Yes: complete review of all documentation

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Certification Process On-site interview at principal place of business, storage

yards, warehouses, job-sites, etc.

Preparation of site visit report & company profile

Completed file submitted to Certification Manager for

eligibility determination

Lambert’s process allows for only M/WBE eligibility

determinations to be made by the Program Review

Committee (PRC), which meets monthly

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Denial of Certification DBE MBE/WBE

Appeal to the USDOT, Office

of Civil Rights, within 90 days

of date of denial

Decision by USDOT is

administratively final

Firm cannot re-apply for

certification until one year after

denial determination

Per MRCC agreement, any

reapplication must be reviewed

with the firm’s Agency of

Record

Appeal to the Administrative

Review Officer within 30 days

of date of denial

Decision by the Administrative

Review Officer is

administratively final

Firm cannot re-apply for

certification until six months

from the date the application

was originally submitted

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THANK YOU!

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