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7 ignore such efforts. Additional cost is not in itself reason for by STAs or as proprietary software. From the Washington and rejecting a DBE's subcontract quote. However, prime con- Rice LLC website ("Solving the Equal Opportunity Puzzle" tractors need not accept excessive or unreasonable DBE quotes. There is no definition of excessive or unreasonable., the STAs were identified as hav- Prime contractors must still use Good Faith Efforts to replace ing implemented (Massachusetts, Nevada, New Mexico, New a DBE whose contract is terminated. York, and Rhode Island) or in process of implementing (Ala- 8. The counting rules have changed, particularly in the area of bama, California, and Missouri) Champ, a software system trucking. When a DBE subcontracts any portion of the work to a non-DBE, that portion does not count toward the Con- for managing contract compliance. Reference to any such tract DBE goal. Materials and supplies obtained by the DBE proprietary item is done only for informational purposes in do count toward the DBE goal, but the DBE MUST negoti- demonstrating the available technology. ate the price, determine quantity and quality, order the mate- rials, install the materials, and pay for them. A DBE trucker must own and operate at least one fully licensed, insured, and The Champ agency module has seven function areas. operational truck used on the contract. DBE credit is given for trucks owned, insured, and operated by the DBE using 1. Vendor (contractor) management, drivers it employs. When a DBE leases trucks from a non- DBE, credit is only given for the amount of the fee or com- 2. Contract information management, mission kept by the DBE. The DBE must have exclusive use 3. ChampCM/ChampSM interface, and control of such trucks and the leased trucks must display 4. Bid/quote disparate impact analysis, the name and identification number of the DBE. 5. OJT marketplace analysis, 9. If a DBE firm is decertified after entering into a subcontract, the prime contractor may still count the firm's participation 6. Procurement disparity analysis, and towards the DBE goal. If the firm is decertified before exe- 7. Query builder. cution of a subcontract, then the prime contractor will be required to replace the firm. The agency module assists in procurement analysis for 10. Prime contractors may be subject to debarment and/or crim- inal prosecution for using or attempting to use on the basis of subcontracting, prime contracting, quoting (bidding module), false, fraudulent, or deceitful statements a firm that does not and negotiated contracts. In addition to the agency module, meet the DBE requirements. While this section in the new Champ has a contractor module that handles workforce uti- regulations does not expressly cover commercially useful function, most of the problems faced by prime contractors lization, on-the-job training, DBE monitoring, and report- since inception of the DBE program have resulted from the ing elements. The subcontractor module, ChampSM, has federal government coming in after the fact and challenging reporting and employee data systems. Each module has data DBE participation. Prime contractors would be well served exchange capability, reducing the need for multiple entries by having DBE Compliance Manuals for their managers. of the same data. Parvin (2003) also commented on the 2003 regulation There are other systems developed for or by SHAs that retainage provision, identifying three possible approaches also support the data management. for STAs with respect to retainage. These are summarized as follows: WEBSITES FOR DISADVANTAGED BUSINESS 1. An STA could eliminate retainage entirely, neither ENTERPRISE PROGRAM ADMINISTRATION retaining funds from prime contractors nor permitting prime contractors to hold retainage from subcontractors. Two websites were identified that contain information relevant 2. An STA could decide not to retain funds from prime to the administration of DBE programs. The first is published contractors, but give prime contractors discretion to through the U.S.DOT OSDBU ( hold retainage from subcontractors (the STA would This is a primary source for regulatory changes in the DBE require prime contractors to pay subcontractors in program and other information and links to DBE regulatory full after satisfactory completion of the subcontrac- activities. The second is published by the FHWA for the pur- tor's work) pose of collaboration among DBE program administrators. 3. An STA could hold retainage on prime contractors, but The website states that make incremental inspections and approvals of the prime contractor's work at various stages of the project This site allows people with common interests, goals, or expertise and pay the prime contractor the portion of the retain- to share their experiences and knowledge, collaborate on work, identify and exchange best practices, and advance the state-of-the- age based on these approvals and require the prime to art in their field. Our goal is a transfer of knowledge within and promptly pay all retainage owed to the subcontractor for throughout our organization to promote better decision-making, satisfactory completion of the approved work. spark innovation, and improve the quality of service to our cus- tomers and partners ( nsf/home). DATA MANAGEMENT SYSTEMS Essentially, it is a discussion board site allowing DBE pro- To manage the data generated for certification lists, bidder's gram personnel to inquire about practices in other states. A lists, and other reporting requirements of the regulation, com- wide variety of subjects are maintained as active discussion puter-aided tracking systems have been developed internally threads.