What is the DBE program?
The U.S. Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program provides a vehicle for increasing the participation by MBEs in state and local procurement. DOT DBE regulations require state and local transportation agencies that receive DOT financial assistance, to establish goals for the participation of DBEs. Each DOT-assisted State and local transportation agency is required to establish annual DBE goals, and review the scopes of anticipated large prime contracts throughout the year and establish contract-specific DBE subcontracting goals. Three major DOT operating administrations are involved in the DBE program. They are the Federal Highway Administration, the Federal Aviation Administration and the Federal Transit Administration.
The main objectives of the DBE Program are:
• To ensure that small disadvantaged business enterprises (DBE) can compete fairly for federally funded transportation-related projects.
• To ensure that only eligible firms participate as DBEs.
• To assist DBE firms in competing outside the DBE Program.
There has been, since 1983, a statutory provision requiring DOT to ensure that at least 10% of the funds authorized for the highway and transit financial assistance programs be expended with DBEs. DOT has established a single DBE goal, encompassing both firms owned by women and minority group members.
To be certified as a DBE, a firm must be a small business owned and controlled by socially and economically disadvantaged individuals. Certifiers make the determinations based upon on-site visits, personal interviews, reviews of licenses, stock ownership, equipment, bonding capacity, work completed, resume of principal owners and financial capacity.
Who must comply?
The DOT DBE program is implemented by recipients of DOT Federal Financial Assistance. Recipients are primarily state highway, transit, and airport agencies that receive funds subject to Title 49 Code of Federal Regulations parts 26 (49 CFR 26). A similar program for airport concessions (ACDBE) program mandated by 49 U.S.C. 47107(e), originally enacted in 1987 and amended in 1992, is implemented under (49 CFR 23). Even if the funds only accounted for $1 of the project cost, recipients must apply Federal DBE requirements to the entire project.
Are you in compliance?
We can help. Padilla & Associates Inc. has the expertise to prepare the required program plans to comply with SBE and DBE regulations. Contact us for more information.
Our Services Include
- DBE Program Development
- Development of Overall Triennial DBE Goal Methodology
- Annual DBE Goal Achievement Assessment and Shortfall Plan Development
- Federal Reporting
- Development of Contract-Specific Goals
- Contract Procurement Assistance
- Review and Development of Solicitation Documents
- Pre-Bid/Pre-Proposal Presentations
- Good Faith Effort Review of Bids/Proposals
- Contract Compliance Monitoring (Conformance with Federal DBE Requirements)
- DBE Monthly Reporting Forms
- DBE Commitment and Attainments
- Prompt Payment Provisions
- Commercially Useful Function (CUF) Evaluations
- Additions/Substitutions/Terminations of DBE Subcontractors
- On-going Good Faith Efforts
- Close-out Document and DBE Compliance Summary Reports
DBE Compliance Training
What is Labor Compliance?
Labor Compliance Programs are established to monitor and enforce the payment of prevailing wages on all public works construction projects. In accordance with California Labor Code section 1771.5, the Labor Compliance Programs enforce the Prevailing Wage Laws on behalf of awarding bodies.
Padilla and Associates is a leader in Labor Compliance Program development, administration, monitoring, implementation and enforcement. Padilla and Associates has worked diligently through our own approved LCP or that of an Awarding agency to properly provide our clients with technical assistance.
Who Must Comply?
Awarding bodies must ensure compliance with the monitoring and enforcement of State of California Labor Laws and Prevailing Wage laws and Federal Davis-Bacon and Related Acts provisions.
Are You In Compliance?
All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations, according to the type of work and location of the project. The prevailing wage rates are usually based on rates specified in collective bargaining agreements.
Exception: Project inspectors approved by the Division of State Architect (DSA) are subject to registration; however, there is no craft that claims this work, and prevailing wages are not required for DSA-approved project inspectors on Public Works
We can help. Padilla and Associates has the expertise to prepare the required program plans in compliance with Title 8, California Code of Regulations, Federal and State of California Labor Laws, and Prevailing Wage Laws. Contact us for more information.
Our Services Include:
- Labor Compliance Program Development and Administration
- Draft/update Contract and Bid documents
- Preparation of Board documents
- Bid and Advertisement support
- Pre-Bid and Pre-Construction Meetings
- Monthly Review/Submission of Certified Payroll
- Providing technical assistance to clients
- Audit Support Services
- Conducting thorough and detailed audit reports
- Complex labor compliance audits and handling worker complaints
- On-Line data management and contract compliance monitoring and reporting systems, including LCPtracker, B2GNOW, Elations, and eCAT (P&A developed Compliance Software)
- Ensuring compliance with Title 8, California Code of Regulations, Federal and State of California Labor Laws, and Prevailing Wage Laws.
- Field Interviews and Site Audits
- Subcontractor Assistance
- Apprenticeship Monitoring
- Compliance Training and technical counseling
- Automated Web-Based Support
- One-on-one support for all compliance related concerns
- Labor Relations support services
- Provide legislative and regulatory updates
Represent Awarding Bodies at Department of Industrial Relations Hearings regarding Labor Compliance matters, including claims litigation and debarment hearings.
What is a Project Labor Agreement (PLA)?
A Project Labor Agreement (PLA), also known as a Community Workforce Agreement of Community Benefits Agreements, are a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project(s).
PLAs have been used on projects utilizing multiple procurement methods, including Design-Build projects, small and large scale public building projects, and on highway and transit projects. Their benefits include:
- “No-Strike/No-Lockout “and including binding procedures to resolve labor disputes
- Provisions Dispute Resolution (Defined Grievance Process)
- uniform wages, benefits, overtime pay, hours, working conditions, and work rules for work on major construction projects
- Constant Dispatch of Skilled Labor
- Allows Equal Access to Union and Non-Union Contractors
- May include provisions to recruit and train targeted workers to participate in recruitment, apprenticeship, and training programs for women, minorities, veterans, and other under-represented groups
- Awarding Body Exemption to DIRs Online eCPR System for Design-Build and Bond Funded Projects
- Projects covered by qualifying project labor agreements, can be exempt at the Labor Commissioner’s discretion
Who Must Comply?
Executive Order 13502, entitled “Use of Project Labor Agreements for Federal Construction Projects,” was signed by President Barack Obama on February 6, 2009. The Executive Order allowed federal agencies to consider and enter into PLA’s in large-scale federally assisted construction projects and explained that the use of a PLA may ensure a steady supply of labor, prevent labor disputes and uncertainty about the terms of conditions of employment, and promote the efficiency and timely cooperation of construction projects.
Our Services Include:
- Project Labor Agreement Development, Negotiation and Administration
- Draft/update Contract and Bid documents
- Preparation of Board documents
- Bid and Advertisement support
- Pre-Bid and Pre-Construction Meetings
- Monitor Submission of Letters of Assents
- Providing technical assistance to clients
- Provide Audit Support Services
- Conducting thorough and detailed audit reports
- Handling contractor, union and worker complaints
- On-Line data management and contract compliance monitoring and reporting systems, including LCPtracker, Elations, and eCAT (P&A developed Compliance Software)
- Subcontractor Assistance
- Apprenticeship Monitoring
- Compliance Training and technical counseling
- Automated Web-Based Support
- One-on-one support for all PLA compliance related concerns
- Labor Relations support services
- Provide legislative and regulatory updates
Represent Awarding Bodies at Grievance Hearings regarding PLA Compliance matters, including claims litigation and arbitration support at hearings.
Padilla & Associates, Inc. provides guidance to public agencies needing to comply with the unique Labor Compliance Program (LCP) requirements of Proposition 84-funded projects. We counsel organizations seeking certification as an LCP and provide assistance in creating the required documentation, including the Policies and Procedures manual and application for approval.
Padilla & Associates, Inc. also offers staff augmentation services to ensure successful implementation of the LCP during construction. Managing the complexity of multiple funding sources and the idiosyncratic requirements of each is a task we have taken on successfully time and time again.
Our Services Include:
- Labor Compliance Program Development and Administration
- Draft/update Contract and Bid documents
- Preparation of Board documents
- Bid and Advertisement support
- Pre-Bid and Pre-Construction Meetings
- Monitor Submission of Letters of Assents
- Providing technical assistance to clients
- Provide Audit Support Services
- Conducting thorough and detailed audit reports
- Handling contractor, union and worker complaints
- On-Line data management and contract compliance monitoring and reporting systems, including LCPtracker, Elations, and eCAT (P&A developed Compliance Software)
- Subcontractor Assistance
- Apprenticeship Monitoring
- Compliance Training and technical counseling
- Automated Web-Based Support
- Labor Relations support services
- Provide legislative and regulatory updates
Represent Awarding Bodies at Grievance Hearings regarding PLA Compliance matters, including claims litigation and arbitration support at hearings.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin to be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity it administers in federally funded programs or activities.
Each Federal department and agency requires the recipient of federal funds to comply with Title VI requirements. Each Federal department and agency also has its own requirements to comply with Title VI.
Limited English Proficiency (LEP)
The United States Supreme Court in Lau v. Nichols (1974) stated that one type of national origin discrimination is discrimination based on a person’s inability to speak, read, write, or understand English.
Accordingly, it prohibits recipients of Federal financial assistance from discriminating based on national origin by failing to provide meaningful access to services to individuals who are LEP. This protection requires that LEP persons be provided an equal opportunity to benefit from or have access to services that are normally provided in English.
Who must comply?
Pursuant to Title VI and Executive Order 13166, the meaningful access requirement of Title VI, the Title VI regulations, and the four-factor analysis set forth by the U.S. Department of Justice, entities receiving Federal financial assistance must comply. Federal financial assistance includes grants, cooperative agreements, training, and use of equipment, donations of surplus property, and other assistance.
Demographics
Frequency of LEP Contact
Nature and Importance of the Services Provided
Resources
Are you in compliance?
We can help. Padilla & Associates has the expertise to prepare the required program plans to comply with Title VI and LEP.
Our Services Include:
- EEO Plan
- Equal Employment Opportunity / Affirmative Action Statement
- Policy Statement
- Utilization Analysis
- Affirmative Action Program Status Report
- Compilation and Interpretation of Selection, Promotion, Termination, And Disciplinary Statistics
- Development of Short Term/Long Term EEO Goals for Client Employment
- Assessment of Previous Goals and Timetables
- Assessment of Employment Practices to Identify Causes of Underutilization: Affirmative Action to Remedy Problem Areas.
- Analysis of Recent Employment Changes
- Recommendations for Monitoring and Reporting Systems
What is EEO?
Equal Employment Opportunity (EEO) laws prohibit specific types of job discrimination in certain workplaces. These laws protect employees and job applicants against employment discrimination when it involves: – Unfair treatment because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information – Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. – Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability – Retaliation because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit.
Who must comply?
The current Federal Transportation Act, 23 USC 140(a), and implementing regulations of 23 CFR 230, require that agencies receiving federal financial assistance assure that employment is provided without regard to race, color, religion, sex, national origin, age or disability.
Are you in compliance?
Agencies are required to include notification of a federal-aid contractor’s EEO responsibilities in the advertised contract specifications. Agencies must maintain and make available apprenticeship, skill improvement or other upgrading programs, which provide equal opportunity for training and employment without regard to race, color, religion, sex, national origin, age or disability.
Agencies are required to include in all federal-aid contracts—either explicitly or by reference—the required contract language relating to equal employment opportunity and goals as set forth in 41 CFR Parts 60-1 and 60-4. Agencies also have responsibility to ensure compliance with and to enforce 23 USC and Title VI of the Civil Rights Act and related regulations, including 49 CFR 21 and 26, and 23 CFR Part 200, 230, 633.
We can help. Padilla & Associates has the expertise to prepare the required program plans to comply with EEO compliance.
Our Services Include
- EEO Plan
- Equal Employment Opportunity / Affirmative Action Statement
- Policy Statement
- Utilization Analysis
- Affirmative Action Program Status Report
- Compilation and Interpretation of Selection, Promotion, Termination, And Disciplinary Statistics
- Development of Short Term/Long Term EEO Goals for Client Employment
- Assessment of Previous Goals and Timetables
- Assessment of Employment Practices to Identify Causes of Underutilization: Affirmative Action to Remedy Problem Areas.
- Analysis of Recent Employment Changes
- Recommendations for Monitoring and Reporting Systems
What is ADA?
Section 504 of the Rehabilitation Act of 1973 (codified as 29 USC Subsection 794 et seq.) prohibits discrimination based on disability in federally assisted programs or activities. The Americans with Disabilities Act (ADA) of 1990 (42 USC 12101 et seq.) as amended by the ADA Amendments Act of 2008 is a broader civil rights statute that prohibits discrimination against people with disabilities in all areas of public life which includes jobs, schools, transportation and all public and private places that are open to the public.
Who must comply?
State and local governments, regardless of whether they receive federal financial assistance, are required to comply with Federal ADA Standards, Title 24 of the California Code of Regulations (which contains California building regulations), or local code, whichever provides the greatest access. All public services, programs, and activities provided or made available by public entities must comply with Title II of the ADA.
The State of California also adopted regulations—Section 54 of the California Civil Code— specifying that all buildings, structures, sidewalks, curbs, and related facilities constructed in California using state, county or municipal funds, or the funds of any political subdivision of the state, shall be accessible to and usable by persons with disabilities.
Private-funded improvements within the public Right of Way are also required to comply with the federal ADA Standards or with Title 24, whichever code offers the greatest access or protection to individuals with disabilities.
Are you in compliance?
All new and altered pedestrian facilities such as, but not limited to, highway rest area facilities, sidewalks, crosswalks, pedestrian overpasses, underpasses, and ramps shall be made accessible to persons with disabilities in accordance with federal and state accessibility standards on all local agency federal-aid projects.
We can help. Padilla & Associates has the expertise to prepare the required program plans to comply with ADA compliance.
Our Services Include:
- Caltrans Exhibit 9C
- Development of ADA Compliant Procedures
- Development of grievance procedures
- Analysis of Client’s Current Standing; Identify deficiencies and remedies
- Self-evaluation
- Public Engagement and Solicitation for Input
- Self-Evaluation Report
- Development Transition Plan and schedule inclusive of milestones or measures of achievement
- Division of State Architect (DSA) Checklists
Development of a system for period review and update
Training
Is your staff fully trained? Padilla & Associates can help you by providing training and technical assistance to your staff relative to compliance, administration, monitoring, implementation and enforcement in regards to the U.S. Department of Transportation DBE (disadvantaged business enterprise) program, Title VI of the Civil Rights Act of 1964, Section 601 of Title VI of the Civil Rights Act of 1964, Title 8, California Code of Regulations, Federal and State of California Labor Laws, and Prevailing Wage Laws, Project Labor Agreements, Local Hire and Construction Careers Policies, HUD Section 3, EEO and Title VI.
Padilla & Associates, Inc. is a multi-disciplined, management-consulting firm specializing in the design, development and implementation of Labor Compliance, Project Labor Agreements (PLA) and Disadvantaged Business Enterprise (DBE) program models, Equal Employment Opportunity (EEO) Non-Discrimination provisions, job training and placement and referral programs, including Local Hire initiatives. Program strategies have resulted in unprecedented increases in promoting understanding of applicable regulations and contract compliance, while advancing positive business and community relations for large-scale public works projects.
Vendor Matching
Do you need to meet business participation goals for a government contract? Do you need to find small, disadvantaged, disabled veteran, service disabled veteran owned small businesses, minority and women-owned businesses, HUBzone, Alaskan Native Corporations to meet business participation goals?
Padilla and Associates can help you. We are ready to assist you in meeting your participation goals. Our proven track record with the California Department of Transportation to seek out and locate Disadvantaged Business Enterprises on transportation projects has assisted hundreds of prime contractors reach their contract business goals.
Our prime contractor clients have used Padilla & Associates to assist them in matching vendors for their federal, State and local government contracts.