A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities (2015) / Chapter Skim
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4C H A P T E R 2 This chapter presents a legal overview of the federal DBE and ACDBE Programs (collectively called the Programs)
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Federal Disadvantaged Business Enterprise Programs 5 3. To ensure that the Programs' measures are "narrowly tailored in accordance with applicable law." 4.
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6 A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities For example, airports must: • Keep and maintain detailed records and bidders lists of DBE and non-DBE contractors and subcontractors who seek to work on federally funded contracts (§ 26.11)
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Federal Disadvantaged Business Enterprise Programs 7 In Step 2, the airport may adjust the base figure to account for factors that affect DBE availability (§ 26.45(d)
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8 A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities An airport's overall goal is aspirational: The airport is not penalized for failing to meet its goal, but must make "good faith" efforts to do so (49 CFR § 26.47(a)
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Federal Disadvantaged Business Enterprise Programs 9 • Keep and maintain a directory that identifies all certified ACDBEs, that contains the firms' addresses and phone numbers, and that lists the types of work the firms have been certified to perform as ACDBEs (§ 23.27)
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10 A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities After setting overall ACDBE participation goals, an airport must design program measures to meet them (§ 23.25)
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Federal Disadvantaged Business Enterprise Programs 11 program must establish appropriate monitoring and enforcement mechanisms to ensure continuing compliance with the regulatory requirements, and to ensure that work committed to ACDBEs is actually performed by them (49 CFR § 23.29)
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12 A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities DBE program, courts would analyze whether a state program using race-conscious measures is supported by a "compelling interest" and whether the program has been "narrowly tailored" to achieve that interest. A state's DBE program does not need to independently show a compelling interest.
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Federal Disadvantaged Business Enterprise Programs 13 legal limitations. This section of the guidebook aims to provide airports with the tools necessary to integrate their local policies with the Programs and answers the compelling question, How can airports adopt and implement policies that include local businesses and concessionaires while complying with the Programs?
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14 A Guidebook for Increasing Diverse and Small Business Participation in Airport Business Opportunities "expend and account for grant funds according to their own laws and procedures" (53 Fed.
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Federal Disadvantaged Business Enterprise Programs 15 same enabling legislation -- which specifically states that the Programs do not preempt state or local law -- it would be prudent for an airport establishing a DBE program to follow the same procedures as those set forth in Part 23 (§ 23.77(a)
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