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Public Notices | Public Notices Archive

FY 2009 Disadvantaged Business Enterprise Program Goals

The San Diego Association of Governments (SANDAG) has an established Disadvantaged Business Enterprise (DBE) Program in Accordance with Title 49 Code of Federal Regulations (CFR) Part 26 provisions: Participation by Disadvantaged Business Enterprises in the United States Department of Transportation (USDOT) Programs.

SANDAG has developed the Federal Fiscal Year 2009 Disadvantaged Business Enterprise goals as follows:

Federal Transit Administration (FTA) Assisted DBE Goal:
Overall Annual DBE Goal:  6%

Federal Highway Administration (FHWA) Assisted
Annual Anticipated DBE Participation Level (AADPL):
Overall Annual AADPL:  6%

SANDAG received a Notice/Guidance from the FTA which directed all DOT recipients in the Ninth Circuit to implement a completely race-neutral DBE Program effective April 24, 2006, for all of the SANDAG FTA USDOT-assisted projects. The directives were issued as a result of the Ninth Circuit Court of Appeals in Western States Paving Co. v. U.S. & Washington State Department of Transportation. The decision mandated that evidence of discrimination in the transportation contracting industry must be documented in order to implement a DBE race-conscious program.

Accordingly SANDAG is required to perform the appropriate evidence-gathering process to determine the existence of discrimination and its effects in its respective marketplace to effectively respond to the Ninth Circuit Court of appeals ruling and the USDOT directives. Therefore SANDAG is participating as part of a Consortium in the Southern California Regional Disparity Study led by the Los Angeles County Metropolitan Transportation Authority (LACMTA) to satisfy this evidence gathering requirement. The Consortium’s Study is scheduled to be complete by July 2009.

On May 2006, the California Department of Transportation (Caltrans) directed SANDAG to implement a wholly race-neutral DBE program in accordance with the race-neutral DBE policy. Caltrans completed a Disparity Study in July 2007. Based on the outcome of the Study, Caltrans has taken steps to transition from a race-neutral DBE Program to a new race-conscious DBE Program. Caltrans is currently awaiting approval from FHWA and USDOT. Caltrans has advised SANDAG to continue with the race-neutral DBE Program until further notification.