Race conscious dbe. IDOT expects to meet 12.

Race conscious dbe. 15% for FYs 2024-2026. Should OMNITRANS implement a race-conscious component to this DBE Program, the DBE Program will be amended to provide the procedures for the administrative reconsideration process and to specify the OMNITRANS Reconsideration Official. 0 Policy Sep 9, 2025 · The release stated that if granted, the waiver would eliminate DBE goals based on race, ethnicity or gender for federally assisted highway construction contracts for three years. IDOT expects to meet 12. 51% and a race neutral goal of 0. Please check back here frequently. 1. If a portion of a line item eyond what is necessary to meet the contract’s DBE goal ("race/gender neutral" DBE participation). Jun 25, 2013 · Contract goals, on the other hand, are race- conscious measures. 11. The disparity study showed Caucasian women-owned firms are not statistically facing discrimination; therefore, WSDOT is required to request a waiver to only include minority male- and minority female-owned DBEs in the race-conscious portion of its DBE Program. Add up the number of DBE subcontracts needed to reach this point. , including but not limited to the following: Section 26. 15% with 3. 61%. For reporting purposes, race-neutral DBE participation includes, but is not necessarily limited to the following: DBE participation through a prime contract obtained through customary competitive procurement procedures; DBE participation Nov 3, 2014 · 2. Race and gender-neutral DBE participation and race and gender conscious DBE participation are monitored by the NJDOT Division of Civil Rights on a monthly basis, and adjustments are made accordingly to ensure that NJDOT neither exceeds nor falls short of meeting its overall DBE goal. 36% Median DBE goal over achievement for FY’s 2018, 2020, 2021 and 2023 Access is currently implementing its DBE Program and corresponding Overall Agency DBE Goal utilizing race-conscious and race-neutral measures, as Access has continued to demonstrate its responsiveness in meeting the DBE Program requirements. The recipient uses race-conscious measures (e. Race neutral: Activities or programs that benefit and assist all small businesses equally, including DBEs Example: $100 awarded under race-conscious programs with DBE businesses on federally funded contracts and $1,000 in total dollars awarded in prime contracts on federally funded contracts equates to a DBE Attainment of 10 percent. The race/gender-conscious portion was calculated by subtracting the race/gender-neutral portion from the proposed DBE goal. , sets contract goals) to get the remainder of the DBE participation it needs to meet the overall goal. The DBE Goal for 2025 will need to be reduced to 0% Race Conscious and 1% Race Neutral due to the application of the injunction in the Mid-America Milling v. Additional steps and actions that Columbus Regional Airport Authority may take include but not limited to the list below: Mar 10, 2015 · Under the Supreme Court’s Adarand decision, an affirmative action program like the DOT DBE program must be narrowly tailored. 61% (1. Dec 22, 2014 · A few commenters requested definitions for the terms "race- conscious" and "race-neutral," and we have provided definitions. The goal methodology was established using information from the disparity study conducted by Colette Holt & Associates. 45, the Port of Portland (Port) completed a disparity study led by Collette Holt and Associates, a nationally recognized law and consulting firm that specializes in (1) Low DBE Participation on Race-Conscious Utilization: DBE goals of a significant number of projects awarded in the first half of FFY2023 were actually set in FFY2022 considering a much lower overall goal of 15. Aug 26, 2015 · The establishment of contract goals for DBE participation is a race conscious measure. Local agencies must establish contract goals on each federal-aid contract where there are sub-contractable opportunities for DBEs. INDOT proposes to revise and implement its Disadvantaged Business Enterprise (DBE) Program to comply with To calculate race-conscious and race neutral allocation of the overall goal, PennDOT analyzed race-neutral commitments over the last five years. DBE participation and will track and report race-conscious and race-neutral participation separately. I understand that neither my compa After contract award, any change to the firms listed as DBE SUBCONTRACTORS AND responding services as part of this contract's DBE goal ("race/gender conscious" DBE participation). Generally, Tier 2s are not required to to of 2s approval. 5% for Disadvantaged Business Enterprise (DBE) participation for Federal Fiscal Years (FFYs) 2022-2024. TxDOT projects that some percent of its overall DBE goal would be met through neutral means and that the remainder would be met through race-conscious means. In accordance History: Since May 2006, in response to a Ninth Circuit appellate court decision, Caltrans utilized a Race Neutral methodology with regard to its Disadvantaged Business Enterprise (DBE) Program for federal aid transportation (DOT) projects and required local agencies to agree to implement Caltrans’ DBE program (which eliminated the long-standing use of contract goals and good faith efforts). To engage the public, 0DOT provided two types of opportunities for public participation. SUBRECIPIENT will assist Caltrans to achieve its Overall Statewide DBE Goal by a combination race-neutral/race-conscious means of facilitating DBE participation. 7% through race-conscious means. This goal methodology has been prepared according to the criteria set forth in 49 CFR Part 26. S Department of Transportation requires recipients of Federal Transit Administration (FTA) funding to develop and implement a Disadvantage Business Enterprise (DBE) program to ensure nondiscrimination in the award of FTA-assisted projects. 49 CFR establishes the Bidder is responsible to make a portion of the work available to DBEs and to select those portions of the work or material needs consistent with the Only underutilized DBE's (UDBE's) i. The Commission will meet the maximum feasible portion of its overall goal by using Race Neutral means of facilitating DBE participation. 54% and 2. For the Fiscal Years 2021 - 2023, the TDOT submitted an overall DBE goal of 9. The DBE Utilization Goal for this project is as noted on Form 25D-7, Invitation to Bid. 37(b) requires that recipients monitor every contract on which DBE participation is claimed, including race-conscious DBE participation in response to a contract goal and race-neutral DBE participation towards a recipient’s overall goal. 27% and a race neutral goal of 1. DBE participation is reported as race conscious when the contract has a DBE goal. No. Department of Transportation rule amendments to 49 CFR Section 26. Metrolink uses both race-conscious and race-neutral measures to meet its 15. – At the end of August, Indiana became the first state to request a waiver from federal requirements to implement race and gender conscious components of the Disadvantaged Business Enterprise DBE Program Requirements Caltrans DBE Program Subrecipients required to comply with Caltrans’ Race-Conscious goal requirements Report semi-annual awards and payments Solicitation Requirements Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation Spokane-Felts Field will meet the maximum feasible portion of the overall goal by using RN means of DBE participation. 54% explained above - either because the prime exceeded the goal amount on a project or they used a DBE on a federally funded project that had no goal. CDOT is committed to monitoring DBE participation for federal-aid highway design and construction projects to ensure the overall goal is being met. DBE achievements will be evaluated annually to determine whether market conditions warrant adjustments to the overall DBE goal, or individual race-conscious and race-neutral components. 55 percent of this goal through race-conscious means and 7. 13% race-neutral means. This goal applies to NDOT’s Public Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation Glenn County will meet the maximum feasible portion of the overall goal by using race neutral means of facilitating DBE participation. 51. 1 billion annually for MWBEs. responding services as part of this contract's DBE goal ("race/gender conscious" DBE participation). 24% As part of the prescribed goal-setting methodology, TACK must project the percentage of its Proposed Overall DBE Goal that can be met utilizing race-neutral and race-conscious measures. The three modal DBE goals contain component goals, as well as how the goals will be met by race-conscious (meaning assigned goal) and/or by race-neutral (meaning voluntary efforts). 0 Policy Feb 18, 2016 · ALL businesses, successful OR unsuccessful, that have bid or quoted on prime or subcontracts during the previous three or one year period ALL DBE and non-DBE subcontractors that submitted bids or quotes during time period. INDOT proposes to revise and implement its Disadvantaged Business Enterprise (DBE) Program to comply with Therefore, MTA believes the best way to foster DBE participation is to have a goal that incorporates both race neutral and race conscious means (I. May 29, 2025 · Summary of Issue: In September 2024, a federal district court in Kentucky ruled that the race- and gender-based contracting preferences used in the U. 44%. PennDOT believes this is the best measure for predicting race-neutral attainment over the triennial period. 1% overall DBE goal for the three Federal Fiscal Years (FFY) beginning October 1, 2024 and ending September 30, 2027. 51). Breakout of Estimated Race-Neutral and Race-Conscious Participation The regulations require that the City meet the maximum feasible portion of its overall goal by using race-neutral measures to facilitate DBE participation (see §26. The use of contract goals is a primary example of a race conscious measure. Move down the list until the DBE goal amount is met or exceeded. If you determine that you will fall short of your overall goal, then you must make appropriate modifications in your use of race-neutral and/or race-conscious measures to allow you to meet the overall goal. 51 and Section V of the California Department of Transportation DBE Program Implementation Agreement for Local Agencies: The use of contract goals is the primary example of a race-conscious measure in the DBE program, but set-asides and price credits for DBEs would also be considered race-conscious measures. Implementation of Race-Neutral/ Race-Conscious DBE Program Elements The County of Orange plans to implement the following race-neutral measures to comply with 49 CFR Part 26. Therefore, the entire goal of 4. The public comment period for the proposed Race-Neutral and Race-Conscious Projection TxDOT must meet the maximum feasible portion of its overall goal using race-neutral measures Calculation of RN measures to achieve the overall goal was based on the following: Median RN achievement for the past seven years is 6. Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation. A race-conscious DBE program is one where there is an overall DBE goal reflective of DBE utilization across all projects, which DOT&PF and its contractors must meet, and where DOT&PF will use DBE contract goals on individual projects as a means to meet it. Department of Transportation (USDOT). 13% race/gender conscious split. If the Department does not meet its race-neutral goal during any given fiscal year, the Department will take steps as are necessary to meet its goal, such as increased outreach and training and up to use of race The overall DBE goal reflects staff’s determination of the level of DBE participation which would be expected absent the effects of discrimination. For the FFY 2024 - 2026 DBE Goal submission, the Tennessee Department of Transportation (TDOT) Disadvantaged Business Enterprise Program (DBE) has a proposed goal of 9. The balance of this section summarizes proposed DBE goals for FFYs 2020–2022 and race-neutral and -conscious proje TENNESSEE DEPARTMENT OF TRANSPORTATION (TDOT) FFY 2021-2023 OVERALL ANNUAL DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL For the FFY 2021 - 2023 DBE Goal submission, the Tennessee Department of Transportation (TDOT) Disadvantaged Business Enterprise Program (DBE) has a proposed goal of 9. The Disadvantaged Business Enterprise Program regulations are outlined in the: Mar 25, 2020 · Race conscious is a method that is focused specifically on assisting only DBEs a conscious action to achieve DBE participation, for examplean DBE contract/concession goal and Monitoring of DBE Participation monitoring work performed by DBEs? (Posted 8/22/2018) • The DBE program regulation at 49 CFR § 26. 37%. C. 12/01/2023 - Links Updated 11/06/2024 DBE Program Requirements Caltrans DBE Program Subrecipients required to comply with Caltrans’ Race-Conscious goal requirements Report semi-annual awards and payments Solicitation Requirements The Federal Highway Administration (FHWA) has reviewed and approved the overall Disadvantaged Business Enterprise (DBE) goal submitted by the Tennessee Department of Transportation (TDOT). 69% DBE participation. The purpose of the DBE goal-setting process is to ensure nondiscrimination in the award and administration of FTA-assisted PROJECTS WITH RACE CONSCIOUS DBE GOALS FFY 2023 Project Name Newington-Dover Portsmouth, NH-Kittery, ME DBE achievements will be evaluated annually to determine whether market conditions warrant adjustments to the overall DBE goal, or the fully race-neutral approach. pdf FFY25. S. Ensure DBE firms are performing as expected and independently. 5% race-conscious component and a 0% race-neutral component. , the annual overall DBE goal has been approved with no portion of it projected to be attained by using race- and gender-conscious means) the recipient does not set contract goals on any of its US DOT-assisted contracts for which DBE subcontracting possibilities exist. Women DBEs. Mike Braun leads the nation in removing discriminatory business practices Indiana is the first state to request DBE waiver from USDOT INDIANAPOLIS, Ind. 51 (a)). 65 percent through race-neutral means. A summary of the proposed goal can be found in Table 8 below. 00% Tuesday, December 3, 2024 Any questions, please contact NHDOT External EEO Coordinator at 603-271-8252 Page 1 of 1 Aug 26, 2015 · An example of a race conscious measure is the establishment of contract goals for DBE participation. ), which are the most conducive for Race-Conscious measures per FTA guidance. a encouraged to contact race-conscious FTA for technical components assistance, of their whether document compliance Plan HDOT has established a triennial DBE goal for FHWA-funded contracts of 12. Base of DBE Goal: 8. New Race Conscious DBE Program - The Ninth Circuit Court of Appeals ruling on May 9, 2005, in the State of Washington (Western States Paving Co. The race-neutral measures will have the effect of increasing DBE capacity to a level where they are on par with non- DBEs, making a capacity adjustment unnecessary. Questions: Please contact the External EEO Coordinator at 603-271-8252. SCDOT proposes to establish its overall DBE goal for Federal Fiscal Years (FFY) 2021-2023 at 12% for new contracts, with . Department of Transportation (U. 5% race-conscious measures. 45(f)(3), and §26. g. The report provides a breakdown of subcontracts by ethnicity and gender and summarizes the payments made to prime contractors and DBE firms. This paper summarizes the major changes from the old rule. The first opportunity included a virtual public consultation meeting. For example, a small business outreach program, technical assistance, and prompt payment clauses can assist a wide variety PROJECTS WITH RACE CONSCIOUS DBE GOALS Any questions, please contact NHDOT External EEO Coordinator at 603-271-8252 Jan 15, 2016 · The Department of Transportation's new disadvantaged business enterprise (DBE) program final rule (49 CFR Part 26) makes significant changes that will affect recipients, DBEs, and non-DBE contractors who participate in the program. 26. 1 Race Neutral Program 49 CFR 26. The DBE participation average represent two consecutive years of exceeding our previous triennial goal. The Authority will endeavor to meet its overall DBE goal and increase DBE participation on, the Authority's U. Sep 19, 2025 · “Any reliance on race- or sex-conscious factors in contracting decisions could introduce significant legal vulnerabilities and inefficiencies in the management of the project,” Duffy wrote, adding that the administration believes “race- and sex-based ‘presumptions’ of disadvantage” in its own Disadvantaged Business Enterprise (DBE A: Women-owned DBEs are not being removed from WSDOT’s DBE Program. Two seminal Supreme Court cases articulate the strict scrutiny standard by which Federal courts must review race-conscious measures in Federal, State, and local programs. NJDOT will seek to attain a maximum portion of its DBE goal utilizing race and gender-neutral means. 51(f)) and track and report Race Neutral and Race Conscious participation separately. 05% race/gender neutral and 12. 77%. The detailed goal information, breakdowns and rationale will be available for inspection and upon request (see contact information below for each of the Modal lement race-neutral measures to meet its 1. Percentage of Overall DBE Goal to be Met Through Neutral Means The Federal DBE Program requires state and local transportation agencies to meet the maximum feasible portion of their overall DBE goal using race-neutral means. 19% with a race conscious goal of 21. In addition to reviewing total DBE availability for the period, we assessed potential UDBE participation and based the race-conscious percentage on that a Access intends to use both race-conscious and race-neutral methods, as shown below, to meet the overall DBE goal of 4. However, we recommend that recipients who elect to use race-neutral small business goals refrain from doing so on the same contracts that have race-conscious, ACDBE concession specific goals because they can be dificult to administer. CapMetro plans to achieve its goal using 10% race-neutral measures and a remainder of 12. 45, the Regional Transportation Commission of Washoe County (RTC) presents its overall Disadvantaged Business Enterprise (DBE) Goal and Goal-Setting Methodology for the Federal triennial period of fiscal years 2026 through 2028. 3% to be obtained through race-neutral means and the remaining 11. Race neutral, on the other hand, is a measure or program that is used to assist all small businesses. Race-conscious and Neutral Measures of the Federal DBE Program Rules governing state and local government implementation of the Federal DBE Program require that a government agency meet the maximum feasible portion of its overall goal for DBE participation through race-neutral means (49 CFR Section 26. 3% will be met through the use of race-conscious = 15% = 5% The following is a summary of the basis of our estimated breakout of race-neutral and race- conscious DBE participation: *Anything over 16% is considered achieved by race – neutral means Jan 22, 2025 · For example, a recipient may not set a different goal for Native American-owned firms than it does for Hispanic American-owned firms. 10%) of Verify DBE firm and scope of work is the same as identified on participation plan for race-conscious contracts. To meet the requirements of 49 CFR 26. Step Three – Calculation of Race Neutral (RN) & Race-Conscious (RC) Split Consideration for the use of race-conscious means in addition to race-neutral means to facilitate DBE participation is another aspect of goal-setting. DBE participation for federal-aid highway design and construction projects will be evaluated annually to determine whether market conditions warrant adjustments to the overall DBE goal and/or individual race-neutral and race-conscious TxDOT uses a combination of race-neutral and race-conscious measures to meet its overall DBE goals. However, if part way through Year 1, your DBE awards or commitments are not at a level that would permit you to achieve your overall goal for Year 1, you could begin setting race-conscious DBE contract goals during the remainder of the year as part of your obligation to implement your program in good faith. Sep 9, 2025 · FOR IMMEDIATE RELEASE Tuesday, Sept. The Port plans to achieve the overall DBE goal through 4. Dec 22, 2014 · Your projections are just that: projections. 51 requires the Department to meet the maximum feasible portion of its overall goal through race neutral means without setting DBE goals on individual projects. The Department, in coordination with the Federal Aviation Administration, adopted a Race-Conscious DBE Program for Northern Region. 39% DBE utilization through race-neutral and race-conscious means, respectively. The use of contract goals is the primary example of a race-conscious measure in the DBE program. Washington State Department of Transportation) established that before putting goals on contracts, the State of Washington must first determine if evidence of discrimination exists in their particular transportation engineering and construction • Introductions • Christian Schonlau, Director of Finance • Jennifer Meyers, DBE Liaison Officer • Procurement Analysts: • Chris Benham & Denise Thompson • DBE Program Basics • Who is a DBE? • Goal Setting Methodology • RTC’s Base Goal • RTC’s Overall Goal • Race Neutral/Race Conscious Split • FTA Compliance • Public Participation • Doing Business with RTC The Final Proposed Overall DBE Goal for FFY 2024–2026 for TACK’s FTA-assisted contracts is 0. 9, 2025 Gov. 6%, GDHS will obtain 5. The Commission will adjust the estimated breakout of Race Neutral and Race Conscious DBE participation as needed to reflect actual DBE participation (see Section 26. Planned Race-neutral Measures SBCTA plans to implement the following race-neutral measures to comply with 49 CFR Part 26. Consequently, a small business set-aside does not fall under the prohibition applying to DBE set-asides. Caltrans’ Federal Transit Administration (FTA) DBE goal for FFYs 2023-2025 is 6. In an effort to meet the adjusted base figure goal using race neutral means (rn), NYSDOT will competitively award contract with the recommendation the I. NAICS code applicable to each scope of work for each bidder (DBE and Non-DBE). Jul 21, 2025 · The DBE Program, mandated by 49 CFR Part 26, requires state transportation agencies to ensure nondiscrimination and promote opportunities for disadvantaged businesses in federally funded projects. Feb 8, 2022 · The following is a summary of the basis of our estimated breakout of race-neutral and race-conscious DBE participation: [summarize how the estimate was derived: from private sector MBE/WBE participation, DBE participation of DBEs in local procurement programs in which there are no DBE contract goals, extend of your race-neutral business Introduction and Purpose Pursuant to 49 CFR 26. This submission covers FFYs 2023-2025 and establishes an overall DBE goal of 22. DBE Triennial Goal Federal regulations (49 CFR Part 26. Any work done by a race-neutral DBE regardless of NAICS codes may be counted provided they are performing a CUF. Projects with a race-conscious DBE Utilization Goal will include the goal amount in the Invitation to Bid. _________ Airport achieved ___% race conscious participation, and ___% race neutral participation, resulting in a race conscious DBE participation shortfall of ___% and a race neutral DBE participation shortfall of ___%. pdf FFY24. Jul 28, 2025 · DBE Waiver Public Meeting Central Region Virtually attend the public meeting regarding the INDOT request for waiver of race and gender conscious requirements of the Disadvantaged Business Enterprise Program. Determines contractor compliance with race-conscious DBE Good Faith Effort provisions, as applicable, in a race-conscious environment and conducts contract DBE responsiveness reviews, including assessing DBE participation eligibility towards the DCTA overall goal, as applicable, to both race-conscious and race-neutral methods. TxDOT plans to meet the overall DBE goal of 4. The Race Neutral projection should include measures that, while benefiting DBEs, are not solely focused on DBE firms. . Jun 9, 2023 · 7. Jan 29, 2025 · erence and expects to obtain its DBE participation through the use of DBE contract goals o conscious effort to obtain DBE participation. The estimated breakout of race-neutral and race-conscious participation will be adjusted as needed to reflect actual DBE participation, and will be tracked with race-neutral and race-conscious participation reported separately. 3%. Race-Conscious UDBE Program: The four 1racial, ethnic and gender groups which make up the Race-Conscious UDBE category are: Black Americans (or "African Americans") include persons having origins in any of the black racial groups of Africa. 51(d)) SUB-RECIPIENT must establish DBE contract goals to meet any portion of Caltrans Overall Statewide Annual DBE Goal that cannot be achieved through race-neutral means. The following is a summary of the basis of our estimated breakout of race-neutral and race-conscious DBE participation: The Bismarck Airport used strictly race-neutral means of DBE participation in FY 2000, those contracts resulted in 1. Do race-neutral measures have a positive effect on Disadvantaged Business Enterprise (DBE) utilization in the number of BART federally funded professional services agreements and has there been an increase in the number of agreements and total dollar amounts received by DBEs during Fiscal Years 2012 - 2015? Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation Columbus Regional Airport Authority will meet the maximum feasible portion of the overall goal by using race-conscious means of facilitating DBE participation, namely project specific participation goals. Critics argue that such changes would dismantle the core structure of the DBE program and severely reduce access for the very businesses the program was created to support. 4% Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation Carbon County, WY will meet the maximum feasible portion of the overall goal by using race neutral means of facilitating DBE participation. Findings of the 2023 Disparity Study show that during the study period, there was a slight over-utilization of DBE-owned firms compared to availability resulting in a disparity ratio of • EXAMPLE 2: As part of the contract award process and in response to a race-conscious contract goal, a prime contractor has committed to the use of DBE Subcontractor Develop a working knowledge of the DBE program’s policies, practices and procedures including race-neutral and race-conscious methods of achieving DBE participation, by reading the DBE program, and/or the project’s solicitation documents and/or the contract manual and by attending DBE orientation sessions presented by the DBELO and staff Jul 27, 2024 · The role of federal regulations, the significance of DOT DBE certification for transit agencies, the process of applying for DBE certification, and the concept of race-conscious and race-neutral measures all contribute to a complex yet crucial system of encouraging diversity. Recipients “must meet the maximum feasible portion of your overall goal by using race-neutral means of facilitating DBE participation” (49 CFR 26. 51) state the recipient must meet the maximum feasible portion of its overall goal by using race-conscious (RC) and race/gender-neutral (RN) means of facilitating Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) participation. The race-conscious and race-neutral measures that WSDOT is planning to utilize are described further in the document. The federal direction in setting the DBE goal is through the development of DBEs to ultimately transform a race-conscious DBE goal to a race-neutral DBE goal. In order to ensure that Uptown Houston’s DBE Goal will be narrowly tailored to overcome the effects of discrimination, Uptown Houston will use contract goals on some contracts to obtain DBE participation and will track and report race-neutral and race-conscious participation separately. 3% is to be obtained through race-conscious However, if part way through Year 1, your DBE awards or commitments are not at a level that would permit you to achieve your overall goal for Year 1, you could begin setting race-conscious DBE contract goals during the remainder of the year as part of your obligation to implement your program in good faith. The DBE program regulation at 49 CFR § 26. Race/Gender information for majority owners of all firms (DBE and Non-DBE). Good Faith Efforts – CTA effectively implemented required Good Faith Efforts requirements. Ensure that, prior to approval of the substitution of any DBE sub-contractor, that prime contractor service providers evidence good faith efforts, to replace the DBE initially proposed, with another eligible DBE in a race-conscious contract. The City of Hattiesburg will make an effort to collect data as a result of this program, will review performance data including race-neutral and race-conscious means and their effectiveness, and will participate in outreach meetings with both DBE’s and non DBE’s willing to participated in transit programs. In accordance with regulations of the U. History: Since May 2006, in response to a Ninth Circuit appellate court decision, Caltrans utilized a Race Neutral methodology with regard to its Disadvantaged Business Enterprise (DBE) Program for federal aid transportation (DOT) projects and required local agencies to agree to implement Caltrans’ DBE program (which eliminated the long-standing use of contract goals and good faith efforts). 45, and it is based on demonstrable evidence In order to ensure that the Township’s DBE Goal will be narrowly tailored to overcome the effects of discrimination, the Township will use contract goals on some contracts to obtain DBE participation and will track and report race-neutral and race-conscious participation separately. 7% is to be obtained through race-conscious The overall goal must be met using race-neutral measures to the extent possible, with race or gender-conscious contract goals being used only as a last resort. 18% based on the results of the 2019 DBE Av lability and Disparity Study. 02% race-conscious means and 1. Department of Transportation, 49 CFR Part 26, City of Seattle announces its proposed overall DBE goal for PROFESSIONAL SERVICES DBE SPECIAL PROVISIONS – RACE CONSCIOUS FOR USE ON FEDERAL AID PROJECTS WITH DBE GOALS (ON-CALL CONTRACTS) TABLE OF CONTENTS 1. USDOT “Tips for Goal Setting in the DBE Program” lists the following considerations to evaluate: The AAC requires the identification of DBE firms used for race conscious and race neutral participation. Race-Conscious Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR 26. In the context of these definitions, it is important to note that awards of contracts to DBEs are not necessarily race-conscious actions. Sep 4, 2020 · The use of contract goals is the primary example of a race-conscious measure in the DBE program. 2 Legal Standards for Government Race-Conscious Contracting Programs Chapter 3 describes the legal standards governing race-conscious contracting programs in the U. PROFESSIONAL SERVICES DBE SPECIAL PROVISIONS – RACE CONSCIOUS FOR USE ON FEDERAL AID PROJECTS WITH DBE GOALS (PROJECT-SPECIFIC CONTRACTS) TABLE OF CONTENTS 1. This chart displays how the provisions of the new DOT DBE rule meet each of the narrow tailoring requirements that the Supreme Court has established. Median annual race-neutral commitment over the last five years is 0. 5% race-neutral goal. So, the first part of Contract Goals says that you will make sure your prime contractor affirms to you that they will meet the DBE goals in their contract. Base of DBE Goal: 0. Nov 7, 2021 · The overall DBE goal for each FFY is estimated on TARC obtaining 7% DBE participation through race-neutral means and 4% DBE participation through race-conscious means. Providers must report race-neutral participation on federal-aid contracts with and without a DBE goal. This is what we expect to receive from prime contractors in excess of the 6. 1% race-neutral (RN) means and 6% race-conscious (RC) means. I understand that neither my compa TDOT will adjust the estimated breakout of race-neutral and race-conscious DBE participation as needed to reflect actual DBE participation (49 CFR 26. DBE's owned by Hispanic American, Native American, African American and women, will be credited towards the race conscious portions of the overall goal. Native Americans include persons who are American Indians, Eskimos, Aleuts or Native Hawaiians. If the recipient expects to be able to meet its entire overall goal through race-neutral means, it could, with OA approval, implement its program without any use of contract goals. 51(f)) and we will track and report race-neutral and race conscious Percentage of Overall DBE Goal to be Met Through Neutral Means The Federal DBE Program requires state and local transportation agencies to meet the maximum feasible portion of their overall DBE goal using race-neutral means. Olympia Regional Airport does not have a history of DBE participation or over-achievement of goals to reference relative to the types of projects anticipated in the FY2024-FY2026 period and expects to obtain its DBE participation through the use of DBE contract goals or a conscious effort to obtain DBE participation. 43% race-neutral means Should MTS implement a race-conscious component to this DBE Program, the DBE Program will be amended to provide the procedures for the administrative reconsideration process and to specify MTS's Reconsideration Official. This study attempts to quantify the impact by measuring the loss in contract dollars to those businesses. By monitoring actual DBE participation you will be able to determine what, if any, midyear corrections are needed in your mix of race/gender-conscious and race/gender-neutral measures used to achieve your goals. The overall combined DBE goal is projected to be achieved through 11. 51(f) and it will track and report race-neutral and race-conscious participation separately. Jan 12, 2006 · In a wholly race- neutral program (e. Race-Neutral and Race-Conscious Breakdown StarMetro plans to spend nearly all of expected federal funds on construction style projects (Sustainable Southside Transit Center, Appleyard Electrification, etc. Race-neutral measures include removing barriers to participation of firms in general or Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation Pima County will meet the maximum feasible portion of the overall goal by using race neutral means of facilitating DBE participation. Nov 2, 2020 · As a result, WSDOT is adding white-women-owned businesses back into the Federal Highway Administration’s race-conscious, or goals, portion of the DBE program. 1 Each agency must determine whether the overall DBE goal can be met solely through race-neutral measures, or whether race-conscious program elements such as DBE contract These reports will provide DBE participation information regarding Access race and gender neutral contracts; race-conscious contracts; and the combined DBE participation on all federally assisted procurement activities. 66%. 45, the Port of Portland (Port) completed a disparity study led by Collette Holt and Associates, a nationally recognized law and consulting firm that specializes in Introduction In accordance with 49 CFR 26. For FFYs 2020-2022, the Port has established an overall DBE goal of 11%. The difference between the race-conscious projection and the race-conscious participation achieved, as indicated on the Uniform Report; Specific and credible reasons for the shortfall; and Corrective measures tied to each specific reason for the shortfall. 45, DDOT proposes a DBE goal of 21. 51(b) (1-9): Breakout of Estimated “Race and Gender Neutral” (Race Neutral) and “Race and Gender Conscious” (Race Conscious) Participation. 3% Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation Aerostar Airport Holdings, LLC will meet the maximum feasible portion of the overall goal by using race neutral means of facilitating DBE participation. 51 (a-c) Breakout of Estimated Race- Neutral & Race-Conscious Participation The Georgia Department of Human Services (GDHS) will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating DBE participation. CDOT is committed to monitoring DBE participation for all federal‐aid transit projects to ensure the overall goal is being met. Jun 2, 2025 · Consequently, all race—and gender-conscious benchmarks currently used in federally funded contracts would be invalidated. This study shows the following impacts in today’s dollars due to Proposition 209: Public Notice of Proposed OCTA Federal Transit Administration (FTA) DBE Goal for FFY 2022/24 OCTA will work to meet its overall DBE goal and increase DBE participation on, OCTA’s U. 7% DBE participation. 0 Proposed DBE Goal In accordance with the November 3, 2014, U. The race-neutral and race-conscious measures the Department plans to utilize are described further in the document. Those factors include past levels of DBE utilization, when race-conscious DBE goals were in place, and data concerning the number of eligible, but noncertified, minority/women-owned firms. 57% for Federal Highway Administration (FHWA)-funded projects, effective for a period of three (3) years: FY 2022-2024. Further, because the Department has met and achieved its overall DBE goal for two or more consecutive years, it is not permitted to set race-conscious project goals until or unless it can no longer The proposed DBE Goal is the sum of the race-conscious participation and the race-neutral participation. , DBE contract goals). Columbus Regional Airport Authority will meet the maximum feasible portion of the overall goal by using race-conscious means of facilitating DBE participation, namely project specific participation goals. Jun 2, 2025 · DOT agrees to remove race, gender-based criteria from DBE program In a proposed settlement, the agency said the initiative “can no longer pass constitutional scrutiny,” effectively abandoning The U. 510) and track and report race-neutral and race-conscious participation separately. Letter to Contractors. The Port plans to achieve the overall DBE goal through 3. Definition of Race Neutral: A race-neutral program is one that, while benefiting DBEs, is not solely focused on DBE firms. DBE achievements will be evaluated annually to determine whether market conditions warrant adjustments to the overall DBE goal, or the fully race‐neutral approach. 47% race-neutral means. Read chapter Chapter Three - State Strategies for Implementing Race-Neutral Measures: TRB’s National Cooperative Highway Research Program (NCHRP) Synthe See applicable DBE specifications (Section 120 or Item G-120) for project specific race-conscious or program wide race-neutral DBE Utilization Goals. The RTA estimates that, in meeting its overall goal of 34%, it will obtain 24% from race conscious participation and 10% through race neutral measures. If you determine that you will fall short of your overall goal, then you must make appropriate modifications in your use of race-neutral and/or race-conscious measures to allow you to meet the overall goal. 43% is projected to be achieved through race neutral measures and 8. 45, the DDOT proposes a DBE goal of 22. For airports in the ADOT&PF Northern Region, evidence suggested that race-conscious measures would be needed to meet the DBE goals, and the Department projected achieving 5. Remember: you must meet as much of your goal as possible through race/gender-neutral means. GRTC will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual DBE participation and will track and report race-neutral and race- conscious participation separately. race-conscious oversight race -conscious that do develop are required to establish participation to submit their goal methodologies program P or establish voluntarily. Dec 6, 2011 · This is a race-neutral, rather than race-conscious, classification. HDOTs proposed overall DBE goal will be 12. 84% with a race conscious goal of 20. The DOT sets contract goals as a race-conscious means of achieving the overall goal. GDHS estimates that, in meeting GDHS' overall goal of 5. This is the number of race conscious subcontracts. 5%. The Commission believes this adjusted goal accurately reflects DBE participation that can be achieved for the type(s) of work being awarded during this three-year period. DBE participation for FTA funded projects will be evaluated annually to determine whether market conditions warrant adjustments to the overall DBE goal and/or individual race-neutral and race-conscious components. The waiver that was granted by USDOT in 2016, which removed white-women-owned businesses from the race-conscious portion of the DBE Program, expires on October 1, 2020. DBE Federal Program Resources DBE Federal Program Resources Caltrans is committed to an overall FHWA Disadvantaged Business Enterprise (DBE) goal of 22. 95% from Race Neutral participation and 0% through Race Conscious measures. We plan to satisfy this goal on our FAA-funded contracts with an 11. This document is in draft format, and feedback is currently being collected through public hearings and an online survey. The City of Gainesville RTS will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual DBE participation according to §26. The methodology used in estimating the submitted three-year goal is as follows. We anticipate that we will meet or exceed our current goal and as such we have not set race-conscious goals for our FTA DBE Program. GDC will apply race-conscious measures such as setting a DBE goal on individual contracts where subcontra Effective January 1, 2014, LAWA will implement a race-conscious Disadvantaged Business Enterprise (DBE) Program. OCTA reinstated race-conscious measures, along with race-neutral measures in April 2014 based on results of the Southern California Regional Disparity Study that included OCTA’s market area and viable utilization data that merited inclusion of the reinstatement of race conscious measures corresponding to a likely increase in DBE availability An excellent source of information about how much DBE participation is likely in the absence of race/gender-conscious measures may be found in similar state or local transportation construction projects that do not use any race/gender-conscious measures at all. May 12, 2023 · Daviess County Airport will adjust the estimated breakout of race neutral, and race conscious DBE participation as needed to reflect actual DBE participation (see §26. Attendees will have the opportunity to share feedback regarding the waiver request. Recipients must meet the maximum feasible portion of their overall goal by using race-neutral means of facilitating race-neutral DBE participation through activities that assist all small businesses. Background This document details the methodology used by the Nebraska Department of Transportation (NDOT) to establish its three-year (FY 2024-2026) overall annual Disadvantaged Business Enterprise (DBE) goal for contracts that contain financial assistance from the Federal Transit Administration (FTA) of the U. LAWA shall review and, where appropriate, establish levels of participation for DOT-assisted contracts and contract amendments. The Race Neutral Goal portion should include programs that, while benef ing DBEs, are not solely focused on DBE firms. 1% race-conscious (RC) means. 68% on Federal Highway Administration (FHWA)-funded projects, effective for a period of three (3) years: FY 2019-2021. 2. USDOT developing database for Agencies to ching its decision on any use of race- and gender-conscious programs (such as DBE contract goals). Statement of Policy It is the policy of the San Francisco Bay Area Rapid Transit District ("BART” or the "District") to ensure nondiscrimination on the basis of race, color, sex, or national origin in the award and administration of federally funded contracts. 18% with a 0. 6% from race-neutral participation and 0% through race In order to ensure that our DBE program will be narrowly tailored to overcome the effects of discrimination, if we use contract goals we will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual DBE participation (see 26. Our proposed FAA DBE triennial goal methodology for FFYs 2022-2024 supports an overall goal of 11. Plaintiff does not allege that the government lacks a compelling interest in using race-conscious measures to remedy the effects of discrimination in the highway construction industry; rather, Plaintiff challenges only that the DBE program does not meet the narrow tailoring prong of strict scrutiny (Amended Complaint ｶ 86). The overall goal is based on demonstrable evi Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation Salt Lake City International Airport will meet the maximum feasible portion of the overall goal by using race neutral means of facilitating DBE participation. Aug 11, 2023 · The Alaska Department of Transportation and Public Facilities (Alaska DOT&PF or the Department), as a recipient of Federal Aviation Administration (FAA) funding, is required to submit a Disadvantaged Business Enterprise (DBE) goal methodology triennially. This legal move comes on the heels of the Supreme Court’s 2023 ban on race-conscious college admissions and the 2025 Executive Order 14173 directing agencies to strip DEI language from federal programs. a primary example of a race conscious measure. 1%. DOT) Disadvantaged Business Enterprise (DBE) program violate the United States Constitution’s guarantee of equal protection under the Fourteenth Amendment. vs. The remaining number of subcontracts is reported as race neutral subcontracts. 18% race-conscious and 1. Given that ADOT&PF operated both race-conscious and race-neutral DBE programs at different times during the study period, MGT was able to perform a non-goal analysis to examine M/W/DBE utilization on ADOT&PF construction projects with DBE goals and without DBE goals. The recommended overall DBE goal for this period is 20. 51 and Section of the California Department of Transportation Race-Conscious DBE Program Implementation Agreement for Local Agencies. Breakout of Estimated Race and Gender Neutral (RN) and Race and Gender Conscious (RC) Participation Birmingham Airport Authority will meet the maximum feasible portion of the overall goal by using race neutral means of facilitating DBE participation. Traditionally, the program has included race- and gender-conscious measures, such as setting contract-specific goals for minority- and women-owned businesses. Jul 29, 2025 · DBE Waiver Public Meeting Southern Region Attend the public meeting regarding the INDOT request for waiver of race and gender conscious requirements of the Disadvantaged Business Enterprise Program. 19% race-conscious and 1. The Race Conscious projection should be based on measures that focus on and provide benefits only for DBEs. It will obtain 1. Introduction and Purpose Pursuant to 49 CFR 26. pdf Note: Additional projects may be added to these lists each month. Mon, Jul 28, 2025 5:00 PM - 6:00 PM (UTC-05:00) Eastern Time (US & Canada) We look forward to having you During the past three years, DBE participation was attained through race conscious measures only. 1 Each agency must determine whether the overall DBE goal can be met solely through race-neutral measures, or whether race-conscious program elements such as DBE contract Race neutral and race-conscious means to meet the overall goal: 49 CFR 26. DBE Goal 2. Therefore, the entire goal of 8. TxDOT will monitor DBE participation for federal-aid achievement in public transportation projects during FYs 2024-2026 and will make necessary adjustments based on the DBE The Race Conscious projection should be based on measures that focus on and provide benefits only for DBEs. Under a Race-Neutral DBE Program, Access may no longer advertise DOT-assisted contracts containing numeric race-conscious goals or require a Proposer to utilize DBEs as a condition of award. 51(a); see also §26. Proposition 209 caused the state and local governments to end their race-conscious contracting programs, resulting in a loss of $1 billion to $1. Aug 15, 2017 · The percentage of race-neutral and race-conscious overall goal components for FFY 2018-2020, is based on the County’s analysis of its DBE achievements for 2014-2016 on FTA projects. Definition of Race Conscious: A race-conscious program is one that focuses on, and provides benefits only for, DBEs. 18% through race conscious measures). 2 percent on its federal-funded projects based upon a race-neutral and race-conscious methodology. For FFYs 2023-2025, the Port has established an overall DBE goal of 10. Going forward, all Condition of Award goals set will be DBE, inclusive of white-women-owned businesses, or Federal Small Business Enterprise. This overall goal is expected to be achieved through 8. 0% for FFY 2025-2027, in accordance with Title 49 CFR Part 26. The remaining 1. However, INDOT’s waiver request seeks Dec 17, 2024 · A federal court granted a preliminary injunction against USDOT’s DBE program, ruling its race and gender-based presumptions likely violate equal protection guarantee Apr 9, 2024 · DBE Performance Plans on Design-Build Contracts Prime bidders on race-conscious design-build contracts are allowed to submit a plan for subcontractor DBEs throughout the life of the project to meet their DBE goals Prime bidders are no longer required to list all commitments at the bidding stage DBE Credit/Counting Updates Nov 3, 2014 · 2. DBE participation is reported as race neutral when the contract does not have a DBE goal or when the prime contractor is a DBE. e. It is the intention of the District to create a level playing field on which a Disadvantaged Business Enterprise (“DBE”) or Oct 1, 2024 · The court also took issue with the fact that the DBE Program did not have an end point, and applied Students for Fair Admission to “all race-conscious programs”: Does your state use design-build for transportation projects? Does your state have a race-conscious DBE program? Does your state set DBE goals on projects? Jun 24, 2025 · If approved, this would end automatic DBE eligibility based on being a woman or person of color. The DBE participation averaged 18. Reviewing the FFY2023 DBE commitment breakdown of race-conscious and race-neutral participation illustrates that race-neutral method over performed the target breakout (6. Design-Build Contracts: Prime contractors responding to requests for proposals in race conscious design-build procurements must submit open-ended performance plans instead of committing to named DBEs at the time of proposal submission. 51% is met through Race-Neutral measures. Race-Conscious DBE Participation – CTA implemented all of the required and most of the recommended race-neutral and small business measures to maximize race-neutral DBE participation. 5 percent race/gender-conscious means and 15 percent race/gender-neutral means. USDOT case. The overall goal is further defined as race-neutral and race-conscious based on the amount of DBE participation that ODOT plans to meet through race-neutral means. Metrolink will meet 0. May 29, 2025 · On September 23, 2024, the Court issued a preliminary injunction that prohibited USDOT from requiring the use of the DBE program’s race- and gender-based presumptions of disadvantage on USDOT-funded contracts on which the plaintiff companies bid for work as subcontractors. 51 (c) requires us to submit with our overall goal a projection of what we expect to meet through race-neutral means. Results Summary The revised DBE goal methodology justifies an overall DBE goal of 4. WSDOT is proposing to utilize the 8. 51(f)) and track and report race neutral and race conscious participation separately. 15, the Indiana Department of Transportation (INDOT) hereby requests a waiver from the federal requirement to implement race and gender conscious components of the Disadvantaged Business Enterprise (DBE) Program, as outlined in 49 CFR Part 26. Annual reviews of the data will be conducted and updates will be provided as needed. 8% of the goal through the use of race-neutral measures and the remaining 14. 1 United States Department of Transportation, “Tips for Goal Setting in the Disadvantaged Business Enterprise (DBE) Program,” Race-Conscious Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR 26. 51(c). 9% race-neutral (RN) means and 7. BECO rev. TxDOT uses a combination of race-neutral and race-conscious measures to meet its overall DBE goals. Jun 25, 2013 · For example, if projects funded with purely state/local funds involve no race/gender-conscious measures aimed at increasing the participation of DBEs and these projects achieve a median rate of 8% DBE participation, then you may project that you will achieve 8% DBE participation in your contracting without race/gender-conscious DBE goals. DBEs, other than UDBEs shall be credited on FAA projects with race-conscious goals, but will not be counted towards a specified contract goal. DOT-assisted contracts, by utilizing a combination of race-conscious and race-neutral DBE Program elements. 20 percent. An excellent source of information about how much DBE participation is likely in the absence of race/gender-conscious measures may be found in similar state or local transportation construction projects that do not use any race/gender-conscious measures at all. Uniform Report of DBE Commitments / Awards and Payments must be reported Semi-Annually to Federal Transit Administration Where race neutral measures are inadequate to meet the overall goal, ODOT will utilize race-conscious means (establish contract-specific DBE goals) on FHWA-assisted contracts with subcontracting opportunities and relative DBE availability. A race-conscious program is one that focuses on, and provides benefits only for, DBEs. In July 2025, INDOT drafted a Request for Waiver of Race & Gender Conscious Requirements of the Disadvantaged Business Enterprise Program. For reporting purposes, MAX will adjust the estimated breakout of race-neutral and race-conscious DBE participation as needed to reflect actual DBE participation. 5% overall DBE goal due to the large variety of race-neutral and race-conscious measures available to the department that make a step 2 adjustment unnecessary. How many race conscious DBE subcontracts exist? Arrange the DBE commitments in order of size from largest to smallest. pdf Projects with Race Conscious DBE Goals Projects with Race Conscious (project specific) DBE Goals: FFY23. Mar 1, 2022 · RACE/GENDER CONSCIOUS GOAL The DBE goal for this project is: _______% Feb 8, 2017 · The Metropolitan Washington Council of Governments (COG) has established an overall goal of 26. 3ubv fwblu bgh cbiugb v9i3 sliat ptoj yqj gr zk6zc