1283 Revised goal-disadvantaged business enterprise participation in Federally funded contracts

Revised Goal-Disadvantaged Business Enterprise Participation in Federally Funded Contracts

[31 Pa.B. 3824]

   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. 101), and in keeping with the requirements of Part 26 of Title 49 of the Code of Federal Regulations, the Pennsylvania Department of Transportation (Department) provides public notice of its revised goal for participation by Disadvantaged Business Enterprises (DBEs) in its Federally assisted contracts.

   Pending receipt of public comments, the Department's revised goal is a work in progress. However, the Department proposes an overall goal of 9.19 percent for DBE participation in Department contracts funded in whole or in part with Federal monies.

   As a recipient of Federal funds from the United States Department of Transportation (US DOT) through its agencies, including the Federal Highway Administration, the Department must comply with the goal setting provisions of the new US DOT DBE regulation, set forth in 49 C.F.R. Part 26, effective March 4, 1999. The Department is mandated to submit a revised goal and methodology for Federally assisted contracts in accordance with the provisions of 49 C.F.R. Sections 26.45 and 26.51. The revised goal and methodology must be submitted to the Federal Highway Administration by August 1, 2001. An important part of this process is providing notice to the public concerning the revised goal and methodology used to arrive at the final goal and affording the public the opportunity to provide comments on the goal proposal.

   To comply with the goal setting provisions of the new regulation, the Department employed a two-step process, as outlined in 49 C.F.R. Section 26.45. Under step one; the Department created a baseline figure for the relative availability of ''ready, willing and able DBEs'' in a relevant 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, and 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 the 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 revised goal and methodology available for inspection and review for forty-five days from the date of this notice. The Department considers the revised overall goal and methodology 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.:  John L. Baker, PE

Engineering District 2-0
1924-30 Daisy Street
Clearfield, PA 16830
[phone]
Attn.:  George M. Khoury, PE

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

Engineering District 4-0
O'Neill Highway, P. O. Box 111
Dunmore, PA 18512
[phone]
Attn.:  Charles M. Mattei, PE

Engineering District 5-0
1713 Lehigh Street
Allentown, PA 18103
[phone]
Attn.:  Walter E. Bortree, PE

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, PE

Engineering District 9-0
North Juniata Street, P. O. Box 69.
Hollidaysburg, PA 16648
[phone]
Attn.:  Earl L. Neiderheiser, PE

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

Engineering District 11-0
45 Thoms Run Road
Bridgeville, PA 15017
[phone]
Attn.:  Raymond S. Hack, PE

Engineering District 12-0
N. Gallatine Avenue Ext., P. O. Box 459
Uniontown, PA 15401-0459
[phone]
Attn.:  Michael H. Dufalla, PE

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

   Comments, questions or suggestions regarding this notice may be directed in writing to Jocelyn I. Harper, Director, Bureau of Equal Opportunity, Telephone Number [phone], Pennsylvania Department of Transportation, Bureau of Equal Opportunity, P. O. Box 3251, Harrisburg, PA 17105-3251, Attn: Jocelyn I. Harper, Director FAX: [phone].

   All comments should be postmarked no later than September 1, 2001 for consideration.

BRADLEY L. MALLORY,   
Secretary

[Pa.B. Doc. No. 01-1283. Filed for public inspection July 13, 2001, 9:00 a.m.]