17-OESBD - DBE Program (rev 2-24-26)(1216534.3).pdf

OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT REQUIREMENTS

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

A. APPLICABILITY OF DBE PROGRAM

1. The requirements of 49 CFR Part 26, the Disadvantaged Business Enterprise (DBE) Program, including any amendments thereto, shall apply to this Contract. It is the policy of Broward County to practice nondiscrimination based on race, color, sex, or national origin in the award and performance of this Contract.

2. Bidders List. The Contractor shall submit a Bidders List form for itself as well as for all DBEs and non-DBEs that will participate under the Contract in accordance with the Instructions to Vendors. Submission of the Bidders List is a matter of responsiveness.

3. The Instructions to Vendors shall specify whether: (i) no DBE contract goal applies to this Contract; or

(ii) a DBE contract goal (“DBE Goal”) has been established. Vendors shall comply with the below requirements as applicable.

B. WHEN NO DBE CONTRACT GOAL APPLIES

If the Instructions to Vendors state that no DBE contract goal applies to this Contract, the following requirements apply:

1. Non-Discrimination Assurance. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. Department of Transportation-assisted contracts.

2. DBE participation is encouraged; however, County encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Any DBE participation shall be counted towards County’s overall DBE goal in accordance with 49 CFR § 26.55.* Only firms certified as a DBE at the time of execution of the Contract can be counted as DBE participation.

*Pursuant to the U.S. Department of Transportation’s Interim Final Rule published on October 3, 2025, and the ongoing statewide reevaluation of DBEs, this Contract does not include a DBE contract goal and DBE participation cannot be counted towards Broward County’s overall DBE goal at this time. However, the Contract remains subject to all applicable requirements of the DBE Program under 49 CFR Part 26.

C. WHEN A DBE CONTRACT GOAL IS ESTABLISHED

If the Instructions to Vendors state that a DBE contract goal has been established for this Contract, the following requirements apply:

1. All persons or entities responding to this solicitation shall utilize, or attempt to utilize, DBEs to perform at least the assigned DBE Goal for this Contract, as identified in the Instructions to Vendors.

2. Compliance with DBE Goal requirements is a matter of responsibility. Information demonstrating such compliance must be submitted with Vendor’s response to the solicitation. Vendor must at least show an attempt to meet the DBE Goal by either (a) providing Letters of Intent (LOI) between Bidder/Offeror and Disadvantaged Business Enterprise (DBE) documenting that the Vendor has obtained enough DBE participation to meet the DBE Goal; or (b) providing Application for Evaluation of Good Faith Effort and supporting documentation demonstrating that the Vendor has made adequate good faith efforts to meet the https://www.ecfr.gov/current/title-49/subtitle-A/part-26 https://www.broward.org/EconDev/WhatWeDo/Documents/FedSmallBusLetterOfIntent.pdf https://www.broward.org/EconDev/Pages/FederalCertificationPrograms.aspx https://www.broward.org/EconDev/SmallBusiness/Documents/CBE_ApplicationforEvaluationofGoodFaithEffortsForm.pdf

DBE Goal (“Good Faith Efforts”). Such Good Faith Efforts shall be consistent with the Guidance Concerning Good Faith Efforts provided by the federal Department of Transportation, found in 49 CFR Part 26, Appendix A. Failure to meet the DBE goal or demonstrate Good Faith Efforts to meet the DBE Goal shall be grounds for a finding of non-responsibility.

a. Documentation of Good Faith Efforts may include, but is not limited to:

i. Timely solicitation of DBEs through written notices, advertisements, or participation in pre-bid meetings;

ii. Identification of specific contract work items or portions suitable for DBE participation;

iii. Provision of adequate and timely information (including plans and specifications) to enable DBEs to submit a timely response and taking appropriate steps to follow up on initial solicitations;

iv. Good faith negotiation with interested DBEs , including documentation of firms contacted, contact information, and the reasons negotiations were unsuccessful, if applicable; and

v. Investigating DBE qualifications and capabilities; including written justification for any rejection of a

DBE.

b. In evaluating a Vendor’s Good Faith Efforts, County may also consider the level of DBE participation achieved by other Vendors responding to the solicitation.

3. Opportunity to Cure. The Office of Economic and Small Business Development (OESBD) shall review Vendor’s response to the solicitation. If OESBD discerns a Vendor’s intent to meet the DBE Goal but determines that the Vendor’s response contains technical errors or requires further documentation, then OESBD may provide the Vendor with three (3) business days to correct those errors or provide additional documentation.

4. Program Requirements for DBE participation:

a. For a firm’s participation to be counted towards meeting the DBE Goal, the firm must be certified as a DBE to perform the applicable work no later than the date the Vendor’s response to the solicitation is due.

DBE participation shall be counted in accordance with 49 CFR § 26.55.

b. Additionally, a DBE may only participate in a contract if it is performing a commercially useful function. A

DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

5. Nothing herein shall be construed to indicate that a higher level of DBE involvement above the stated DBE Goal will give any person or entity that has responded to the solicitation an advantage over other responders who have met the DBE Goal or shown Good Faith Efforts, as determined by the County.

6. A comprehensive listing of certified DBEs is published in the Florida Department of Transportation (FDOT) Business Directory and can be viewed at the following Unified Certification Program (UCP) website:

https://www.transportation.gov/osdbu/disadvantaged-business-enterprise/appendix-a-to-part-26-guidance-concerning-good-faith-efforts https://www.transportation.gov/osdbu/disadvantaged-business-enterprise/appendix-a-to-part-26-guidance-concerning-good-faith-efforts https://www.ecfr.gov/current/title-49/subtitle-A/part-26 https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx.

7. For detailed information regarding the Disadvantaged Business Enterprise Program, please contact the Office of Economic and Small Business Development at (954) 357-6400 or the website at:

https://www.broward.org/EconDev/Pages/FederalCertificationPrograms.aspx#DBE

Form Revision Date: 2/24/26 https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx http://www.broward.org/EconDev/Pages/FederalCertificationPrograms.aspx#DBE