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09/20/2000 Goals MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DISADVANTAGED BUSINESS ENTERPRISE GOALS FOR KEY WEST INTERNATIONAL AIRPORT Reviewed for legal sufficiency jJr ~ '}.~ Calvin J. Allen (t Wft" METHODOLOGY FOR DETERMINING GOALS (49 CFR 26.45) Overall Goals The overall goal period for Key West International Airport's Disadvantaged Business Enterprise Program for federally assisted projects is established on an annual basis, beginning on October 1,2000, and ending on September 30,2001. The Overall Goal for fiscal year 2001 has been set utilizing the methodologies described in CFR 49 Part 26 as follows: Key West International Airport's Overall DBE Goal for FY 2001 is the following: 13.2% of the federal financial assistance, which the Airport will expend in DOT-assisted contracts. Given the amount of DOT-assisted contracts the Airport expects to let during FY 2001, which is $225.000, the Airport has set a goal of expending $29.700 with DBEs during FY 2001. Methodology The following is a summary of the method used to calculate the Airport's goal. Step 1 - Determining a Base Figure Representing DBEs' Relative Availabilitv. The Airport elected to use the Methodology described in 49CFR 26.45 (c) (1) to determine the base figure for the relative availability of DBEs. The Airport started the determination of its FY 2001 goal setting process by identifying a base figure for the relative availability of DBEs based on demonstrable evidence of the availability of ready willing and able DBEs as compared to the availability of all businesses participating on DOT-assisted contracts (hereafter, the relative availability of DBEs). Analyses of the Airport's previous five (5) years' AlPs; discussions with Airport staff and consultants; and a review of the Airport's Bidders' List revealed Monroe County. Florida as the Airport's "local market area". A base figure of 13.2% was determined by utilizing CY 1997 Census Bureau data, plus data from the Florida Department of Transportation Directory, and Monroe County's DBE Directory. The 1997 Census Bureau's County Business Patterns data and the DBE Directory information were extracted for construction and professional service trades for the Airport's "local market" area in the same SIC Codes where activity occurred during the performance of the AlPs in the Airport's 5 year history. The base figure was calculated in the following manner: Total Number of Census Bureau Establishments in Monroe Count 1997 Number of Certified DBE firms in Monroe County's And FDOT's DSE Directories 343 45 13.2% I Step 2 - EXAMINATION OF AVAILABLE EVIDENCE TO DETERMINE WHAT ADJUSTMENT. IF ANY. IS NEEDED TO THE BASE FIGURE. Section 26.45 (d) cites numerous examples of the various types of data to examine in order to adjust the base figure. Our examination efforts included a five year history of the dollar volume and overall percentage (5YR avg.) of AlP tasks performed by DBEs; the similarity of FY 2001 tasks as compared to previous years' AlP tasks; the geographic location of those DBE firms; and the number and type (SIC Codes) of DBE and non-DBE firms participating on those AlPs. Since the Airport received "zero" responses to its advertised DBE goal, the staff conducted no town meetings. Miami's (Dade County) disparity study (1991), the closest study done in this geographic area, was declared unconstitutional, and therefore, was not used in this methodology calculation. The Airport's Airfield Lighting Projects, where DBE participation is usually 0% or 100%, was done by a DBE. This contract's type of work, which will not be done in FY 2001, skewed the realistic DBE participation goal of 10.0%. The FY 2001 AlP's tasks encompasses the scope which usually yields an approximate 10.0% DBE participation level. The staff decided to deduct the one unrealistic project from the five-year average in order to determine a more accurate representation of this local market's DBE participation. This action resulted in an 8.1 % five-year average vs. our 10.0% five-year average goal.... An unfavorable<1.9%> variance during the five year history period. Based on these analyses and facts, the staff decided to adjust the base figure by 20% (13.2% x .20=<2.6%>) to a feasible and attainable FY 2001 Overall DBE Goal of 10.0%. 13.2% Base Figure -2.5% Five yr. Avg. impact 10.7% Overall DBE Goal Breakout of Race-Neutral and Race-Conscious Participation The Staff has "zero to limited" evidence to support the impact, whether positive or negative, of the sole use of race-neutral means on its DBE participation level at the Airport, and has decided to institute, alternatively, the use of both contract goals and race-neutral means to achieve its Overall DBE participation goal at the Airport. The estimated breakout of race-neutral and race conscious participation will be adjusted as needed to reflect actual DBE participation. Race- neutral and race-conscious participation will be tracked and reported separately. For reporting purposes, race-neutral DBE participation includes, but is not necessarily limited to, the following: DBE participation through a prime contract which a DBE obtains through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry a DBE goal; DBE participation on a prime contract exceeding a contract goal; and DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status in making the award (e.g. an established relationship between DBE and prime contractor). A. Race Neutral Methods The Airport shall meet 0.0% of its annual overall goal through the use of race-neutral methods due to the Airport's inability to achieve its five year average of 10.0% DBE participation via contract goals. However, race neutral measures, when implemented, may include: 1.) arranging solicitations, times for the presentation of bids, quantities, specifications, and 2 delivery schedules in ways that facilitate DBE and other small businesses' participation; 2.) providing assistance in overcoming limitations such as inability to obtain bonding or financing; 3.) providing technical assistance and other services; 4.) established a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low; and 5.) assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media. B. Contract Goals Contract goals shall be used to meet 10.7% of the Airport's overall goal; and such goals can only be used on contracts, which present subcontracting opportunities. However, contract goals shall not be utilized for Part 26 Federally funded FY 2001 projects beyond the attainment of the annual overall goal. This requirement applies to both construction and non-construction (i.e., architectural, engineering, other professional services, equipment, etc.). In lieu of separate ethnic group goals, a single goal for DBEs is also used for the contract goal. The appropriate goal will be included in each contract solicitation. Individual contract goals may vary from the overall goals. A contract goal is established by determining that portion of the overall goal which the staff anticipates the Airport cannot meet by race-neutral means; and such goals for Part 26 Federally-funded FY 2001 AlPs shall be expressed as a percentage of the Federal share of DOT-assisted contracts. Note 1. If a contract goal has been established, a bidder may not meet the requirements of the bid specification by stating that it will accomplish all work of the contract using its own employees. First, it must demonstrate, to the Airport's satisfaction, that it made good faith efforts to meet the goal, and despite those efforts, was unable to subcontract any of the work to DBEs. Note 2. The good faith effort requirements of 26.53 shall be required in every instance where a contract goal has been established. DSE Goals Process Key West International Airport will submit its overall goal to DOT on August 1 of each year. Before establishing the overall goal each year Key West International Airport will consult with various minority and women trade organizations, including Chambers of Commerce, the National Association of Minority Contractors, the Association of General Contractors and other groups to obtain information concerning the availability of disadvantaged and non- disadvantaged businesses, the effects of discrimination on opportunities for DBEs and the Airport's efforts to establish a level playing field for the participation of DBEs. Key West International Airport will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the Airport Director's Office for 30 days following the date of the notice, and informing the public that Key West International Airport will accept comments on the goals for 45 days from the date of the notice. The notice will be published in the Key West Citizen. In addition, the notice will be sent to appropriate local minority and women professional organizations and/or chambers of commerce. The notice will include addresses to which comments may be sent and the address where the document may be reviewed. The overall goal submission to DOT will include a summary of information and comments received during 3 this public participation process and Key West International Airport's responses. Key West International Airport will begin using the overall goal on October 1 of each year, unless other instructions have been received from DOT. 4