Section 10. Certification procedures for the Disadvantaged Business Enterprise/Women-Owned Business Enterprise (DBE/WBE) Program (filed by description with the...

Description:

This regulation sets forth the requirements to be followed by firms seeking certification as a Disadvantaged/Women-Owned Business Enterprise (DBE/WBE) as a prerequisite for bidding on contracts awarded by the Commonwealth Transportation Board (CTB) in a series of forms. The CTB, under the authority granted it by §§ 33.2-209 and 33.2-215 of the Code of Virginia, concerning the awarding of contracts and the establishment policies concerning VDOT operations, respectively, has approved procedures for prequalification (see 24VAC30-130-10) which are also included in the procedures for this regulation. The program is required by federal regulation (49 CFR Part 26), and is designed to determine the following:

1. If the applicant firm meets federal requirements and guidelines to be considered a small business under applicable law and regulation (49 CFR Part 26 and Section 3 of the Small Business Act);

2. If protected class individuals (women and minorities) own the firm;

3. The identity of those individuals with managerial and operational control of the firm; and

4. If the firm has the basic expertise, capital, equipment, and other resources to perform highway and related types of work.

Form C-32 (Prequalification/Certification) is designed to collect financial information from applicants, as well as data on affiliated companies, prior work experience, and assets owned or leased by the applicants. Form C-46 (Rules Governing Prequalification and Certification) contains definitions, a description of the application process, a discussion of reviews by the Department at selected steps in the application procedure, how certification is awarded or denied, plus a description of processes for recertification and decertification. The Personal Financial Statement Form collects financial information from Disadvantaged Business Enterprise (DBE) Program participants relating to their eligibility to participate. Other forms are included for construction firms and consulting engineering forms to complete for attendance at mandatory DBE orientation sessions.

The documents are available for inspection at the following location:

Virginia Department of Transportation

Equal Opportunity Division

1401 East Broad Street, Room 1403

Richmond, VA 23219

Historical Notes

Derived from VR385-01-27, eff. August 10, 1994; amended, Volume 13, Issue 23, eff. July 10, 1997; Volume 17, Issue 18, eff. May 1, 2001.

Statutory Authority

§ 33.2-210 of the Code of Virginia.