Disadvantaged Business Program

12/12/2011

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D
ear Transit Agency General Manager or CEO:

I write today to remind you that a final rule promulgated by the Department of Transportation last winter placed a renewed emphasis on monitoring your good faith efforts to implement the Disadvantaged Business Enterprise (DBE) Program. Many of you participated in webinars and training events over the last six months where we stated that each fiscal year all recipients are required to examine their awards and commitments in comparison to their overall DBE goal, analyze any shortfall, and develop a corrective action plan to address that shortfall. As part of the final rule, the largest fifty transit agencies are required to submit both this analysis and a corrective action plan to the Federal Transit Administration (FTA) for approval. This letter serves as notification that your transit agency is one of the fifty largest transit agencies as determined by FTA. As such, you will need to submit your analysis and corrective action plan to FTA by December 29, 2011. (See list attached to letter.)

As you know, transit agencies play a vital role in providing critically important services and contracting opportunities for small and disadvantages businesses in communities across the United States, especially as you undertake the rehabilitation or expansion of your system. The Obama Administration is committed to doing all it can to help DBEs realize the American dream and contribute to the modernization and expansion of our national transportation network. In these tough economic times, we share an urgent mission to create as many jobs as possible. Considering the important role that small businesses play in generating employment, we have an obligation to use our available resources to promote their success. Mere lip service to the DBE program is not enough. We need to ensure that our actions are ultimately designed in a manner to carry out the DBE Program in good faith.

As one of the fifty largest transit agencies, you must attach your analysis and corrective action plan for Federal Fiscal Year 2011 (October 1, 2010 to September 30, 2011) in FTAs Transportation Electronic Award Management (TEAM) system by December 29, 2011, in order to remain in compliance with 49 CFR Part 26. All other FTA recipients required to do the shortfall analysis must retain the documentation of the analysis and corrective actions in their records for three years and make it available upon request.

FTA stands ready to assist you in this important effort. Thank you for your continued dedication to this important program. If we can provide further information or assistance, please feel free to contact your Regional Administrator or your Regional Civil Rights Officer.

Sincerely yours,

Peter Rogoff