Q. We are currently reviewing a bid submitted in May 2008 by a transit vehicle manufacturer (TVM) who is proposing to supply us with 10, 25-foot mid-sizes buses. However, this apparent low bidder has indicated on its TVM certification, dated April 24, 2008 that "the goals apply to Fiscal Year 2007 and have been approved or not disapproved by the FTA."
Is this firm required to submit a new DBE goal to the FTA for each fiscal year, or is the FY 2007 goal sufficient for this bid submittal in 2008? How often are Transit Vehicle Manufacturers required to submit their DBE goals to the FTA?
A. The TVM must have an approved DBE program and goal on file with the HQ office of the FTA Office of Civil Rights. The TVM DBE program is a one-time submission and does not need to be updated annually. The regulatory provision is found at 49 CFR 26.49. The TVM DBE goal methodology submission must be done each fiscal year, and a listing of all TVMs who are in compliance with DOT's DBE requirements are on FTA's Website. We suggest that you look up the TVM on the FTA Website before approving the bid to ensure their DBE program and goal are in compliance with the regulation. TVM listing. (Revised: May 2010)
Q. We are a transit vehicle manufacturer and we need FTA Certification via submission of DBE goals to comply with the requirements of Section 26.49 of 49 CFR part 26. Please respond with formatting/submission guidelines and address/phone contact to submit.
A. If you are a transit vehicle manufacturer, you must establish and submit for FTA's approval an annual overall percentage goal. In setting your overall goal, you should be guided, to the extent applicable, by the principles underlying 49 CFR Part 26.45. See 49 CFR Part 26.49(b).
If you have any additional questions regarding the TVM certification process, please email Cynthia Phifer at email@example.com or by phone at (202)366-0816. (Posted: December 2009)
Q. We are a locomotive manufacturer and have received a request for proposal from a railroad using FTA funds. The RFP requires bidders to be on the FTA's qualified Transit Vehicle Manufacturers list. How can we get on that list?
A. To be placed on FTA's list of Transit Vehicle Manufacturers whose DBE goals have been approved by FTA, please contact Cynthia Phifer in FTA's Office of Civil Rights at 202-366-4018. (Posted: May 2010)
Q. Are FTA grantees permitted to accept Transit Vehicle Manufacturer (TVM) Certifications signed and completed by the bus vehicle manufacturer, in lieu of actual bidder/proposer, as a part of the bidder's sealed bid to provide 20-passenger cutaway buses?
A. 49 CFR §26.49 requires grantees to obtain a certification from each transit vehicle manufacturer that desires to bid or propose upon a DOT-assisted transit vehicle procurement that it has complied with the requirements of 49 CFR §26.49. A non-vehicle manufacturer cannot furnish the certification as it cannot comply with 49 CFR §26.49. (Posted: January, 2012)