A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities (2015)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

1 1.1 Purpose of the Guidebook The purpose of ACRP Report 126: A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities is to provide an easy-to-use reference to assist airports with promoting airport opportunities to diverse businesses. The guidebook is not a “How-to” guide. It shares industry practices that airports of all sizes utilize to achieve a higher degree of diverse business participation in their contracts. For the purposes of this guidebook, “airport contracts” means construction, professional services, goods and services, and conces- sions contracts at U.S. airports. “Diverse businesses” means disadvantaged business enterprises (DBEs), airport concession disadvantaged business enterprises (ACDBEs), minority-owned business enterprises (MBEs), woman-owned business enterprises (WBEs), and small business enterprises (SBEs). Many federal, state, and local statutes and regulations require airport operators to develop and implement policies and methods to ensure that diverse businesses have equal and fair oppor- tunities to seek and participate in airport contracts. Some airport operators also take voluntary steps to promote diverse business participation. State and local programs may vary with respect to their specific requirements, but many of the methods for promoting and achieving diversity and inclusion can be applied broadly. A variety of the policies, practices and procedures airports have implemented to do so are discussed herein. 1.2 Methodology and Data Collection The development of the practices and solutions offered in this guidebook resulted from data collected through a comprehensive review of literature and supplemented by interviews with airport industry stakeholders. 1.2.1 Research Approach 1.2.1.1 Literature Review A review of more than 470 documents provided the overarching framework on the state of practice and implementation of DBE, ACDBE, MBE/WBE, SBE and local business enterprise (LBE) programs, collectively referred to as business diversity programs. The literature includes legislative, legal and regulatory documents, industry publications containing information on airport business diversity program matters, case law, airport policies and procedures documents, contract solicitations and agreements, disparity studies, government and industry presentations, airport reports on the economic impact of diverse businesses, and other papers related to the research. C H A P T E R 1 Introduction to the Guidebook

2 A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities Relevant data on airports of varying resources, sizes, access to diverse businesses, and ownership/government structures were assessed to pinpoint useful policies and practices, and to assist in determining the approach for categorizing, organizing, and presenting the collected information. The literature review also identified industry stakeholders for interviews and airports for case studies. 1.2.1.2 Stakeholder Interviews To supplement information from the literature review, 112 airport industry stakeholders par- ticipated in interviews conducted either during one of four focus groups, by phone, in-person, or on-line via a webinar. To ensure that the primary objectives of the research were covered, the inter- views included a set of common interview objectives while encouraging open-ended dialogue. Airport interviewees included board members/commissioners; chief executives; concession managers; disadvantaged business enterprise liaison officers (DBELOs); engineering, planning, and construction development managers; attorneys; procurement and purchasing managers; and public affairs/community relations managers. Among other key duties, these individuals develop and implement policies, manage business diversity programs, provide legal support, engage in community and contractor relations, handle solicitation processes, and administer contracts. Owners and senior executives of majority-owned and diverse businesses that perform architectural/engineering/planning, construction, concession, other professional services, and consultant contracts also were interviewed, as well as U.S. DOT and FAA officials and trade association representatives. In addition, the ACI–NA Business Diversity Committee dedicated a portion of its September 22, 2013, meeting to a discussion of topics that aided in the develop- ment of this guidebook. 1.3 Potential Benefits of the Guidebook The guidebook reflects current industry policies and practices to enhance opportunities for diverse businesses to participate in airport contracts. Although the guidebook is intended for use by airport operators, a variety of stakeholders that includes concessionaires, professional service providers, trade associations, and other individuals and entities involved in supporting and engaging in the development, management, and execution of airport business diversity pro- grams can benefit from the information contained herein. The guidebook offers potential benefits, including, but not limited to: • Providing executable solutions that an airport of any size can adopt to assist with its efforts to engage more diverse businesses in airport contracts. • Helping elected officials and other policymakers recognize opportunities for broader inclu- sion of diverse businesses in airport contracts. • Providing an understanding of how airports can be instrumental in eliminating barriers and helping to build the capacity of diverse businesses. • Offering guidance on utilizing DBELOs effectively in the airport procurement process. • Industry resources to assist in policymaking, goal-setting, data collection, and education of individuals on DBE and ACDBE Program policies and requirements. 1.4 Navigating the Guidebook Chapter 1, Introduction to the Guidebook, presents an overview of the purpose of the guide- book and the methodology and data used to develop it. This introductory chapter also discusses the potential benefits of the guidebook and how it is organized.

Introduction to the Guidebook 3 Chapter 2, Federal Disadvantaged Business Enterprise Programs, presents an overview of the legal background for the DBE and ACDBE Programs, including the enabling legislation, airport grant assurances, federal regulations, and constitutional parameters. This chapter also discusses integrating local efforts and policies with federal requirements. Chapter 3, Non-Federal Business Enterprise Programs, provides illustrations of airports’ policies and practices that promote diversity in small, local, MBE, and WBE programs. It also addresses the legal foundation for creating small and local programs. Chapter 4, Policy and Implementation Roles and Responsibilities, presents a discussion of governing bodies, chief executives, and other airport personnel engaged in setting policy and implementing functions to execute business diversity programs. The chapter provides a com- prehensive discussion of the roles and responsibilities of DBELOs and the importance of their engagement in the airport procurement process. The role of airports in disputes between primes and diverse businesses is also discussed. Chapter 5, Contracting Methods to Obtain Diversity, discusses a variety of contracting methods for promoting and achieving diverse business participation. Chapter 6, Addressing Impediments to the Success of Diverse Businesses, discusses certi- fication, proposal requirements, size of contracts, politics, and other issues that impede diverse businesses’ success, and illustrates ways to alleviate these impediments. Chapter 7, Strategies and Partnerships to Enhance Diverse Business Participation, discusses planning activities, disparity studies, training programs, community partnerships, and other strategies to help promote and maximize diverse business participation. Chapter 8, Thinking Beyond Compliance, addresses community and economic benefits that diverse businesses contribute to their communities and to the airport industry. Chapter 9, Case Studies, presents six case studies of small, medium, and large airports, highlighting their policies and practices for achieving diverse business participation in airport contracts. The guidebook also provides two appendices. Appendix A presents a glossary that explains pertinent abbreviations and terms, and Appendix B presents a list of industry resources.