1234 Federal Highway Administration funded contracts

Disadvantaged Business Enterprise Participation in Federal Highway Administration Funded Contracts

[35 Pa.B. 3630]

   Under the authority contained in the Transportation Act for the 21st Century, act of June 9, 1998, Pub. L. No. 105-178, 112 Stat. 113 (23 U.S.C.A. § 101), and in keeping with the requirements of 49 CFR 26 (relating to participation by disadvantaged business enterprises in Department of Transportation financial assistance programs), the Department of Transportation (Department) provides public notice of its 2006 goal for participation by Disadvantaged Business Enterprises (DBEs) in its Federally assisted contracts.

   Pending receipt of public comments, the Department's 2006 goal is a work in progress.

   As a recipient of Federal funds from the United States Department of Transportation (US DOT) through its agencies, including the Federal Highway Administration (FHA), the Department must comply with the goal setting provisions of the US DOT DBE regulation, set forth in 49 CFR Part 26, effective March 4, 1999. The Department is mandated to submit a methodology and goal for Federally assisted contracts in accordance with the provisions of 49 CFR 26.45 and 26.51 (relating to how do recipients set overall goals; and what means do recipients use to meet overall goals). The 2006 methodology and goal must be submitted to the FHA by August 1, 2005. An important part of this process is providing notice to the public concerning the methodology used to arrive at the final goal and affording the public the opportunity to provide comments on the proposed goal.

   To comply with the goal setting provisions of the regulation, the Department employed a two-step process, as outlined in 49 CFR 26.45. Under step one, the Department created a baseline figure for the relative availability of ''ready, willing and able DBEs'' in a rel-evant market, derived from demonstrative evidence of local market conditions. To this end, the Department developed a definition of ''ready, willing and able DBEs'' relative to any business ''ready willing and able'' to perform on Federally assisted Department contracts. The Department considered historical activity within specified market areas including research, engineering, design consulting, contractors (prime, subcontractors and suppliers) and other consultant activities. Additionally, the Department developed a ratio within market areas of ''ready willing and able DBEs'' relative to the universe of all other ''ready willing and able'' enterprises.

   Under step two, the Department examined all relevant evidence in its jurisdiction to determine what adjustments, up or down, are needed to arrive at the overall goal, taking into consideration other conditions or variables impacting DBEs in this Commonwealth. As part of this adjustment phase, the Department considered market potential based upon employment security data and other public data. The Department also considered certain changes relative to counting and certification that occurred as the result of the new regulation.

   Consistent with the public participation requirement for this process, the Department is making the proposed 2006 methodology and goal available for inspection and review for 45 days from the date of this notice. The Department considers the 2006 methodology and goal a work in progress pending input from the public. To review the DBE goal documents, contact any of the following locations:

Bureau of Equal Opportunity
Commonwealth Keystone Building
400 North Street, 5th Floor
Harrisburg, PA 17101
[phone]
Attn.:  Jocelyn I. Harper

Engineering District 1-0
255 Elm Street, P. O. Box 398
Oil City, PA 16301-398
[phone]
Attn.:  William G. Petit, P. E.

Engineering District 2-0
1924-30 Daisy Street
Clearfield, PA 16830
[phone]
Attn.:  Kevin R. Kline, P. E.

Engineering District 3-0
715 Jordan Avenue
Montoursville, PA 17754
[phone]
Attn.:  James A. Kendter, P. E.

Engineering District 4-0
O'Neill Highway, P. O. Box 111
Dunmore, PA 18512
[phone]
Attn.:  Stephen J. Shimko, P. E.

Engineering District 5-0
1713 Lehigh Street
Allentown, PA 18103
[phone]
Attn.:  Amar C. Bhajandas, P. E.

Engineering District 6-0
7000 Geerdes Blvd.
King of Prussia, PA 19406
[phone]
Attn.:  Andrew L. Warren

Engineering District 8-0
2140 Herr Street
Harrisburg, PA 17103-1699
[phone]
Attn.:  Barry G. Hoffman, P. E.

Engineering District 9-0
North Juniata Street, P. O. Box 69
Hollidaysburg, PA 16648
[phone]
Attn.:  Thomas A. Prestash, P. E.

Engineering District 10-0
250 Oakland Avenue, P. O. Box 429
Indiana, PA 15701
[phone]
Attn.:  Richard H. Hogg, P. E.

Engineering District 11-0
45 Thoms Run Road
Bridgeville, PA 15017
[phone]
Attn.:  H. Daniel Cessna, P. E.

Engineering District 12-0
N. Gallatine Avenue Ext., P. O. Box 459
Uniontown, PA 15401-0459
[phone]
Attn.:  Joseph J. Szczur, P. E.

   The document can also be reviewed at the following website: http://pasdc.hbg.psu.edu/pasdc/dot/.

   Comments, questions or suggestions regarding this notice should be directed in writing to Jocelyn I. Harper, Director, Bureau of Equal Opportunity, Department of Transportation, Bureau of Equal Opportunity, P. O. Box 3251, Harrisburg, PA 17105-3251, [phone], fax [phone].

   Comments should be postmarked by August 9, 2005, for consideration.

ALLEN D. BIEHLER, P. E.,   
Secretary

[Pa.B. Doc. No. 05-1234. Filed for public inspection June 24, 2005, 9:00 a.m.]