New Rules Impact on DBE/ACDBE Certification 2011 National

New Rules Impact on DBE/ACDBE Certification 2011 National Airport Civil Rights Training Conference Office of Civil Rights We Are Who We Serve Federal Aviation Administration Presentation Overview New Rules Impact on Certification Non-Certifiers

Your Responsibilities with Respect to UCP Guidance on Monitoring and Counting DBE Participation Q & A Session DBE/ACDBE Certification Federal Aviation Administration 2 New Rule: Certification Impact PNW Cap Increase (DBE only)

Interstate Certification States to accept DBE certification from other states unless there is good cause not to accept it No Limit to Number of NAICS Firm must demonstrate it can do the work and owner must demonstrate control DBE/ACDBE Certification Federal Aviation Administration 3

New Rule: Certification Impact Interstate Certification State A State B MADE EASIER DBE/ACDBE Certification Federal Aviation Administration 4

New Rule: Certification Impact PREVIOUSLY DENIED OR DECERTIFIED FIRMS (due to PNW) If Within One Year of Effective Date of New Rule (2/28/2011), Okay to Re-Submit Without Further Waiting Period (formerly 12 months) DBE/ACDBE Certification Federal Aviation Administration 5

New Rule: Certification Impact Interstate Certification Provisions Become Mandatory January 1, 2012 Dont Make Firms Get Out-of-State License Before Certification Decision Consider Cost to Firm DBE/ACDBE Certification Federal Aviation Administration 6 New Rule: Certification Impact

Regulatory Provisions Relating to Lapsed SBA-DOT MOU Deleted No Longer Streamlined Process for 8(a) Firms If Owner Transfers/Invests Assets Agency Authorized to Scrutinize Investment DBE/ACDBE Certification Federal Aviation Administration 7

Non-Certifiers Your Website Include certification information for firms interested in doing business with you Things to Look for When Accepting a DBE Firm on Your Contract: Verify firm is certified in NAICS code that matches the type of work they are bidding on Suspicions about ownership, control, etc.? Contact UCP DBE/ACDBE Certification Federal Aviation Administration

8 Non-Certifiers The UCP and You -- Get Involved! Sec. 26.81 What are the requirements for Unified Certification Programs? (a) You and all other DOT recipients in your state must participate in a Unified Certification Program (UCP) DBE/ACDBE Certification Federal Aviation Administration

9 Non-Certifiers UCP Participate! Go to UCP Website and Make Contact Keep up-to-date with DBE Program Get Answers to Your DBE Certification Questions DBE/ACDBE Certification Federal Aviation Administration 10

Questions? DBE/ACDBE Certification Federal Aviation Administration 11