Office of Civil Rights Small Business Programs Presented by Sean Skibbie

Civil Rights Org. Chart Kristi Schroedl, Transp. Finance Manager Kim Collins, Director Ashanti Payne, BDP Unit Manager Mary Schmidt, Deputy Director Amy O Day, Business Coordinator Sean Skibbie, SBC Unit Supervisor Maria Conley, CCS Unit Supervisor

Section Contacts Sean Skibbie Small Business Contracting Supervisor 651-366-3331 DeLores Aguirre (Perez) 651-366-3151 Delores.ann.perez@state.mn.us

Section Contacts DBE Program (Federal Projects) Andrea Robinson Adrienne Hennen Districts 1-4 East Metro 651-366-3353 651-366-3015 Alvin Hopson Adrien Carretero West Metro Districts 6-8 651-366-3076 651-366-3352

Section Contacts TGB & Vet Programs (State Projects) Joyce Brown-Griffin Districts 4, 6, 7, 8, & the Metro 651-366-3350 Megan Solberg Districts 1-3 651-366-3074

The Life of a Project -- in the OCR Small Business Section Set a DBE/TGB/Vet goal Based off firm availability and the EE Clear the Contract for Award Receive Exhibit As, Review GFE docs Monitor CUF Requirements (Ex. A), ACRs, PP, etc. Final Clearance DBE Total Payment Affidavit, payments, Ex. As

The Life of a Project -- in the OCR Small Business Section Set a DBE goal Based off firm availability and the EE OCR s Process: 1. Review the Engineer s Estimate for items where there are DBEs certified to perform; 2. Determine interest of DBE firms: email/call DBE firms, review recent project participation

The Life of a Project -- in the OCR Small Business Section OCR s Goal-Setting Process: 3. Include scopes where two or more DBE firms are interested, certified, and have the capacity to perform the scopes on the project; 4. Review the goal calculation to ensure it is reasonable under the circumstances.

Commercially Useful Function 49 CFR 26.55(c)(1): A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors.

Commercially Useful Function 49 CFR 26.55(c)(1): A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. How does MnDOT monitor this?

Commercially Useful Function Exhibit A: Four Questions: 1. Does it appear the DBE firm is performing the work specified in the Exhibit A s Description of Work? 2. Does it appear that the DBE firm is managing their portion of the project and using their own company employees? 3. Does it appear that the DBE contractor is providing the equipment for their items of work or other work specified? 4. Does it appear that the quality of the DBE contractor s performance, scheduling and project management are meeting industry standards? Complete this when the DBE s work is 1/3 to ½ complete.

Monitoring & Counting Participation From the previous slide: DBE participation only counts if the DBE is engaging in a CUF. MnDOT monitors this through the Ex. A No Exhibit A = No DBE program credit for MnDOT/prime

Exhibit As Specify the work the DBE is expected to perform; This is important because OCR cleared this project with this scope of work in mind and verified the DBE had the NAICS code Tell MnDOT the work the DBE firm will do; Should be completed by the PE when the DBE s work is 1/3 to ½ complete; Should be requested for all DBEs that work as subs or suppliers on a MnDOT project (even RGN projects).

More Monitoring Onsite Annual Compliance Reviews Requires coordination w/ project admin & field staff Prompt Payment Requirements Primes are allowed to retain from subcontractors the percentage that has been withheld from them: Caveat: Once the subcontractor s work has been completed and the prime has been paid, the prime must pay the subcontractor in full within 30 days.

Final Clearances Send Request to OCR DBE Program Specialist Require the DBE Total Payment Affidavit to be completed, Contractor Payment Forms submitted, and Exhibit As signed and sent to OCR; OCR should clear all projects, including RGN projects, to ensure DBE participation is being captured in OCR reporting.

Summary What OCR needs from you: Complete Ex. As when DBE s work is 1/3 to ½ complete; Make sure OCR is aware of DBE replacements, substitutions, or no-shows; Help us ensure the prime is sending Contractor Payment Forms to OCR Make sure OCR gets final clearances on all projects

Questions?