Doc ID-number: APP-0330
Revision: 01
B
Title:
DBE Program Plan
Purpose:
The purpose of this procedure is to describe Bombardier Transportation’s DBE Program Plan as well as the calculation
methodology for Bombardier Transportation’s Annual Goal.
This document and its contents are the property of Bombardier Inc. or its
subsidiaries. This document contains confidential proprietary information. The
reproduction, distribution, utilisation or the communication of this document or
any part thereof, without express authorisation is strictly prohibited. Offenders
will be held liable for the payment of damages.
Organization and BT process structure prefix :
Doc ID-number :
APP - 0330
Effective date:
Revision :
Original Language :
© 2008 Bombardier Inc. or its subsidiaries. All rights reserved
2012-03-31
Proprietary
01
EN
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Doc ID-number: APP-0330
Revision: 01
Revision log
Revision
Date
0
2008-12-15
1
Proprietary
(yyyy-mm-dd)
2012-03-31
Description of changes
First Issue
-
Update to definitions
-
Removal of Subcontractor definition
-
Update of Bidder’s list section
-
Update to DBE Liaison Officer (DBELO) section
-
Update to Directory section
-
Removal of Overconcentration section
-
Update to Overall goal section
-
Update to Contract goal section
-
Update to Re-certification section
-
Removal of “No change” affidavit and notices of change
section
-
Update of Appendix 1 – Organizational chart
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Table of Contents
Section
1
Subject
Page
SUBPART A – GENERAL REQUIREMENTS
5
1.1
INTRODUCTION (ref: 49 CFR 26.3)
5
1.2
POLICY STATEMENT (ref: 49 cfr 26.1 & 26.3)
6
1.3
DEFINITIONS (ref: 49 CFR 26.5)
7
1.4
NON-DISCRIMATION REQUIREMENTS (ref: 49 CFR 26.7)
9
1.5
RECORD KEEPING REQUIREMENTS (ref: 49 CFR 26.11)
9
1.6
BIDDER’S LIST (ref: 49 CFR 26.11)
10
1.7
FEDERAL FINANCIAL ASSISTANCE AGREEMENT (ref: 49 CFR 26.13)
10
1.7.2.
Assurance (ref: 49 CFR 26.13 (a))
1.7.2.
Contract Assurance (ref: 49 CFR 26.13 (b))
2 SUBPART B – ADMINISTRATIVE REQUIREMENTS
10
10
10
2.1
DBE LIAISON OFFICER (DBELO) (ref: 49 CFR 26.25)
10
2.2
DBE FINANCIAL INSTITUTIONS (ref: 49 CFR 26.27)
12
2.3
DIRECTORY (ref: 49 CFR 26.31)
12
2.4 MONITORING AND ENFORCEMENT MECHANISMS (ref : 49 CFR 26.37)
3 SUBPART C – GOALS, GOOD FAITH EFFORTS, AND COUNTING
12
12
3.1
SET-ASIDES OR QUOTAS (ref: 49 CFR 26.43)
12
3.2
OVERALL GOALS (ref: 49 CFR 26.45)
12
3.3
TRANSIT VEHICLE MANUFACTURERS GOALS (ref: 49 CFR 26.49)
13
3.4
BREAKOUT OF ESTIMATED RACE-NEUTRAL & RACE CONSCIOUS PARTICIPATION (ref: 49 CFR
26.51 (a-c))
13
3.5
CONTRACT GOALS (ref: 49 CFR 26.51 (d-g))
13
3.6
GOOD FAITH EFFORTS PROCEDURES
14
3.6.1.
Demonstration of good faith effort (ref: 49 CFR 26.53 (a) & (c))
14
3.6.2.
Information to be submitted (ref: 49 CFR 26.53 (b))
14
3.6.3.
Good faith effors when a DBE is replaced on a subcontract (ref: 49 CFR 26.53 (f))
14
3.6.4.
Counting DBE participation towards goals (ref: 49 CFR 26.55)
4 SUBPART D – CERTIFICATION STANDARDS
14
14
4.1 CERTIFICATION PROCESS (ref; 49 CFR 26.61 – 26.73)
5 SUBPART E – CERTIFICATION PROCEDURES
14
15
5.1
UNIFIED CERTIFICATION PROGRAMS (ref 49 CFR 26.81)
15
5.2
PROCEDURE FOR CERTIFICATION DECISIONS (ref: 49 CFR 26.83)
15
5.2.1.
Re-certification (ref: 49 CFR 26.83)
6 SUBPART F- COMPLIANCE AND ENFORCEMENT
6.1
INFORMATION, CONFIDENTIALITY, COOPERATION (ref: 49 CFR 26.109)
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6.2
MONITORING PAYMENTS TO DBEs
APPENDIX 1.
Organizational Chart
15
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1
SUBPART A – GENERAL REQUIREMENTS
1.1 INTRODUCTION (ref: 49 CFR 26.3)
Bombardier Transit Corporation (“Bombardier”) is a Transit Vehicle Manufacturer (“TVM”),
therefore receives no direct funding from the FTA. Through its contractual relationship with FTA
Recipients (Federal transit funds authorized by Titles I, III, V, and VI of ISTEA, Pub. L. 102-240
or by Federal transit laws in Title 49, U.S. Code, or Titles I, III, and V of the Transportation Equity
Act for the 21st Century (TEA-21), Pub. L. 105-178.) and in accordance with requirements of 49
Code of Federal Regulations Part 26 (“49 CFR 26”) , Bombardier has developed a DBE Program
Plan (“DBE Program”) for the purpose of leveling the playing field for DBEs with respect to
projects funded in whole or part by the U. S. Department of Transportation (“U.S.D.O.T” or
“DOT”). The provisions of Bombardier’s DBE Program shall apply to all subcontractors.
This program document supercedes any previously issued policy or procedural statements that
may conflict with its content. In the event that any language within this program document
conflicts with the regulations found at 49 CFR Part 26, the regulations shall have primary
authority.
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1.2 POLICY STATEMENT (ref: 49 cfr 26.1 & 26.3)
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1.3 DEFINITIONS (ref: 49 CFR 26.5)
NOTE: Additional definitions applicable to the DBE Program may be found in 49 CFR 26.5
(http://edocket.access.gpo.gov/cfr_2005/octqtr/pdf/49crf26.5)
Affiliation has the same meaning the term has in the Small Business Administration (“SBA”) regulations,
13 CFR Part 121.
(a) Except as otherwise provided in 13 CFR 121, concerns are affiliates of each other when, either or
directly or indirectly:
(i)
(ii)
(iii)
One concern controls or has the power to control the other; or
A third party or parties controls or had the power to control both; or
An identity of interest between or among parties exists such that affiliation may be found.
(b) In determining whether affiliation exists, it is necessary to consider all appropriate factors,
including common ownership, common management and contractual relationships. Affiliates
must be considered together in determining whether a concern meets small business size criteria
and the statutory cap on the participation of firms in the DBE Program.
Alaska Native means a citizen of the United States who is a person of one-fourth degree or more Alaskan
Indian (including Tsimshian Indians not enrolled in the Metlaktla Indian Community), Eskimo, or Aleut
blood, or a combination of those bloodlines. The term includes, in the absence of proof of a minimum blood
quantum, any citizen whom a Native village or Native group regards as an Alaskan Native if their father or
mother is regarded as an Alaskan Native.
Alaska Native Corporation (“ANC”) means any Regional Corporation, Village Corporation, Urban
Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the
Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et. seq).
Contract means a legally binding relationship obligating a seller to furnish supplies or services (including,
but not limited to, construction and professional services) and the buyer to pay for them. For the purpose of
this part, a lease is considered a contract.
Contractor means one who participates, through a contract or a subcontract (at any tier), in a DOTassisted highway, transit, or airport program.
Department or (“DOT”) means the U.S. Department of Transportation, including the Office of the
Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA) and the
Federal Aviation Administration (FAA).
Disadvantaged Business Enterprise or (“DBE”) means for a profit small business concern:
(a) That is at least 51 percent owned by one or more individuals who are both socially and
economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is
owned by one or more such individuals; and
(b) Whose management and daily business operations are controlled by one or more of the socially
and economically disadvantaged individuals who own it.
Good faith effort means efforts to achieve a DBE goal or other requirement of the 49 CFR Part 26 which,
by their scope, intensity and appropriateness to the objective, can reasonably be expected to fulfill the
program requirement.
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Immediate family member means father, mother, husband, wife, son, daughter, brother, sister,
grandmother, grandfather, grandson, granddaughter, mother-in-law or father-in-law.
Indian Tribe means any Indian Tribe, band, nation, or other organized group or community of Indians,
including any ANC, which is recognized as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians, or is recognized as such by the State in which
the tribe, band, nation, group or community resides. See definition of “Tribally-owned Concern” in this
section.
Native Hawaiian means any individual whose ancestors were natives, prior to 1778, of the area that now
comprises the State of Hawaii.
Native Hawaiian Organization means any community service organization serving Native Hawaiians in
the State of Hawaii which is a not-for-profit organization chartered by the State of Hawaii, is controlled by
Native Hawaiians, and whose business activities will principally benefit such Native Hawaiians.
Noncompliance means that a recipient has not correctly implemented the requirements of 49 CFR Part
26.
Operating Administration or (“OA”) means any of the following parts of U.S.D.O.T.: The Federal
Aviation Administration (“FAA”), Federal Highway Administration (“FHWA”) and the Federal Transit
Administration (“FTA”). The “Administrator” of an operating administration includes his or her designees.
Personal net worth (“PNW”) means the net value of the assets of an individual remaining after total
liabilities are deducted. An individual’s personal net worth does not include: The individual’s ownership
interest in an applicant or participating DBE firm; or the individual’s equity in his or her primary place of
residence. An individual’s personal net worth includes only his or her own share of assets held jointly or as
a community property with the individual’s spouse.
Primary Industry Classification means the North America Industrial Classification System (NAICS)
designation which best describes the primary business of a firm. The NAICS is described in the North
American Industry Classification Manual – United States, 1997 which is available from the National
Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; by calling 1 (800) 553-6847;
or via the internet at http://www.ntis, gov/product/naics.htm.
Primary Recipient means a recipient which receives D.O.T. financial assistance and passes some or all of
it on to another recipient
Principal place of business means the business location where the individuals who manage the firm’s
day-to-day operations spend most working hours and where top management’s business records are kept.
If the offices from which management is directed and where business records are kept are in different
locations, the recipient will determine the principal place of business for the DBE Program purposes.
Program means any undertaking on a recipient’s part to use D.O.T. financial assistance, authorized by the
laws to 49 CFR Part 26.
Race-conscious measure or program is one that is focused specifically on assisting only DBE’s, including
women-owned DBEs.
Race-neutral measure or program is one that is, or can be, used to assist all small businesses. For the
purpose of 49 CFR Part 26, Race-neutral includes gender-neutrality.
Recipient is any entity, public or private, to which D.O.T. financial assistance is extended, whether directly
or through another recipient, through the programs of the FAA, FHWA, or FTA, or who has applied for such
assistance.
SBA certified firm refers to firms that have a current, valid certification from or are recognized by the SBA
under the 8(a) BD or SDB programs.
Secretary means the Secretary of Transportation or his/her designee.
Set-aside means contracting practice restricting eligibility for the competitive award of a contract, solely to
DBE firms.
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Small Business Administration (“SBA”) means the United States Small Business Administration.
Small business concern means, with respect to firms seeking to participate as DBEs in DOT-assisted
contracts, a small business concern as defined pursuant to section 3 of Small Business Act and Small
Business Administration regulations implementing it (13 CFR part 121) that also does not exceed the cap
on average annual gross receipts specified in § 26.65(b).
Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully
admitted permanent resident) of the United States and who is (1) any individual who a recipient finds to be
a socially and economically disadvantaged individual on a case-by-case basis; or (2) any individual in the
following groups, members of which are rebuttably presumed to be socially and economically
disadvantaged:
(a) “Black American” which includes persons having origins of the Black racial groups of Africa;
(b) “Hispanic Americans” which includes persons of Mexican, Puerto Rican, Cuban, Dominican,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c) “Native Americans” which includes persons who are American Indians, Eskimos, Aleuts or Native
Hawaiians;
(d) “Asian-Pacific Americans” which includes persons whose origins are from Japan, China, Taiwan,
Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia,
Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands
(Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga,
Kiribati, Juvalu, Nauru, Federated states of Micronesia or Hong Kong;
(e) “Subcontinent Asian Americans” which includes persons whose origins are from India, Pakistan,
Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri-Lanka;
(f) Women;
(g) Any additional groups whose members are designated as socially and economically
disadvantaged by the SBA, at such times as the SBA designation becomes effective.
Tribally-owned concern means any concern at least 51 percent owned by an Indian tribe as defined in
this section.
U.S.D.O.T.-assisted contract means any contract between a recipient and a contractor (at any tier)
funded in whole or in part with DOT financial assistance, including letters of credit or loan guarantees,
except a contract solely for the purchase of land.
1.4 NON-DISCRIMATION REQUIREMENTS (ref: 49 CFR 26.7)
Bombardier will not exclude any person from participation in, deny any person the benefit of, or otherwise
discriminate against anyone in connection with the award and performance of any contract covered by 49
CFR Part 26 on the basis of race, color, sex, or national origin.
In administrating its DBE Program, Bombardier will not, directly or through contractual or other
arrangements, use criteria or methods of administration that have the effect of defeating or substantially
impairing accomplishment of the objectives of the DBE program with respect to the individuals of a
particular race, color, sex, or national origin.
1.5 RECORD KEEPING REQUIREMENTS (ref: 49 CFR 26.11)
Bombardier will continue to provide data about Bombardier’s DBE Program to the Department as directed
by DOT OAs and will provide to DOT updates of any significant changes in Bombardier’s DBE Program.
Bombardier will report DBE participation on a semi-annual basis, using DOT form 4630. These reports will
reflect payments actually made to DBEs on DOT-assisted contracts.
1.6 BIDDERS LIST (ref: 49 CFR 26.11)
BTNA will create a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote
on DOT-assisted contracts. The purpose of this requirement is to allow use of the bidders list approach to
calculating overall goals.
For every firm on the Bombardier bidders list, the following information will be included:
a)
b)
c)
d)
Firm name;
Firm coordinates (address, phone, fax, e-mail);
Firm status as DBE or non-DBE;
If the firm is a DBE, current certification.
Every time a Request for Quote (“RFQ”) is sent out to potential DBE and non-DBE subcontractors, the
above-mentioned data will be requested and only bidders will have to provide the information.
1.7 FEDERAL FINANCIAL ASSISTANCE AGREEMENT (ref: 49 CFR 26.13)
Bombardier has signed the following assurances, applicable to all DOT-assisted contracts and their
administration:
1.7.2. Assurance (ref: 49 CFR 26.13 (a))
Bombardier shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any subcontract related to a DOT-assisted contract or in the administration of its DBE
Program or the requirement of 49 CFR Part 26. Bombardier shall take all necessary and reasonable steps
under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of such subcontracts.
Bombardier’s DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by
reference in those subcontracts. Implementation of this program is a legal obligation and failure to carry
out its term shall be treated as a violation of this subcontract. Upon notification to Bombardier of its failure
to carry out its approved program, DOT may impose sanction as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
1.7.2. Contract Assurance (ref: 49 CFR 26.13 (b))
Each contract Bombardier signs with a subcontractor will include the following assurance:
Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this subcontract. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the
administration of DOT assisted subcontracts. Failure by the subcontractor to carry out these requirements
is a material breach of this subcontract, which may results in the termination of this subcontract or such
other remedy as Bombardier deems appropriate.
2
SUBPART B – ADMINISTRATIVE REQUIREMENTS
2.1 DBE LIAISON OFFICER (DBELO) (ref: 49 CFR 26.25)
Bombardier has designated the following individual as the DBE Liaison Officer:
Sophie Moore, Project Leader, Bids & Proposal
Address:
1101 rue Parent
St-Bruno, Quebec
Canada
J3V 6E6
In that capacity, the DBELO is responsible for implementing all aspects of the DBE Program and ensuring
that Bombardier complies with all provisions of 49 CFR Part 26. The DBELO has direct access to Mr.
Raymond Bachant, President of Bombardier Transportation – North America concerning DBE Program
matters. An organization chart displaying the DBELO’s position in the organization is found in Attachment 1
to this program.
The DBELO is responsible for developing, implementing and monitoring the DBE Program. The duties and
responsibilities include the following:
1. Gathers and reports data and other information as required by DOT.
2. Supports and brings expertise to the procurement team when reviewing third party contracts
and purchase requisitions for compliance with this program.
3. Works with all departments to set overall annual goals.
4. Ensures that bid notices and requests for proposals are available to DBEs in a timely
manner.
5. Identifies contracts and procurements so that DBE goals are included in solicitations and
monitors results.
6. Analyzes Bombardier’s progress toward attainment and identifies ways to improve progress.
7. Participates in pre-bid meetings.
8. Advises the CEO/Governing body on DBE matters and achievement.
9. Plans and participates in DBE training seminars.
10. Maintains Bombardier’s directory on certified DBEs.
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2.2 DBE FINANCIAL INSTITUTIONS (ref: 49 CFR 26.27)
If expressly required by the DOT-assisted Recipient, Bombardier will investigate the full extent of services
offered by financial institutions owned and controlled by socially and economically disadvantaged
individuals in the community, will make reasonable efforts to use these institutions, and will encourage
subcontractors on DOT-assisted contract to make use of these institutions.
2.3 DIRECTORY (ref: 49 CFR 26.31)
Bombardier maintains a directory identifying all firms able to participate as DBEs. The directory lists the
firm’s name, address, phone number, date of the most recent certification, and the type of work the firm
has been certified to perform as a DBE. We revise the Directory on a regular basis.
The Directory can be obtained by contacting Bombardier’s DBELO. Refer to section 2.1 for coordinates.
2.4 MONITORING AND ENFORCEMENT MECHANISMS (ref : 49 CFR 26.37)
Bombardier will bring to the attention of the Department of Transportation any false, fraudulent, or
dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the
Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under
suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. Bombardier will
also consider similar action including review of the subcontractor’s prequalification to bid and possible
debarment actions.
3
SUBPART C – GOALS, GOOD FAITH EFFORTS, AND COUNTING
3.1 SET-ASIDES OR QUOTAS (ref: 49 CFR 26.43)
Bombardier does not use set-asides or quotas in any way in the administration of the DBE Program
3.2 OVERALL GOALS (ref: 49 CFR 26.45)
To make Bombardier’s DBE Program as useful as possible to the public, the amount of the annual overall
goal and the method used to set that goal will be updated annually, if necessary. If the method of setting
goals changes, the updated program will be submitted to DOT for review and approval.
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In accordance with Section 26.45 (f) Bombardier will submit its overall goal to DOT for FY 2012 on March
31st, 2012 and thereafter on August 1st of each year for all upcoming FYs unless DOT requests otherwise.
Bombardier will publish a notice of the proposed overall goals, informing the public that the proposed goal
and its rationale are available for inspection during normal business hours at our principal office for 30
days following the date of the notice, and informing the public that Bombardier and DOT will accept
comments on the goals for 45 days from the date of the notice. The notice will include an address to which
comments may be sent, and will be published in Passenger Transport Magazine.
3.3 TRANSIT VEHICLE MANUFACTURERS GOALS (ref: 49 CFR 26.49)
Bombardier, being a transit vehicle manufacturer, must establish and submit for FTA’s approval an annual
overall percentage goal. In setting its overall goal, Bombardier is guided, to the extent applicable, by the
principles underlying § 26.45. The base from which this goal is calculated corresponds to the amount of
FTA financial assistance included in transit vehicle contracts Bombardier will perform during the fiscal year
in question. The requirements and procedures of this section with respect to submission and approval of
overall goals apply to Bombardier and its subcontractors.
3.4 BREAKOUT OF ESTIMATED RACE-NEUTRAL & RACE CONSCIOUS PARTICIPATION (ref:
49 CFR 26.51 (a-c))
The breakout of estimated race-neutral and race-conscious participation can be requested by contacting
Bombardier’s DBELO.
3.5 CONTRACT GOALS (ref: 49 CFR 26.51 (d-g))
Bombardier reserves the right to establish contract goals to meet any portion of the overall goal. Contract
goals are established so that, over the period to which the overall goal applies, they will cumulatively result
in meeting any portion of our overall goal that is not projected to be met through the use of race-neutral
means.
Bombardier will establish contract goals only on those DOT-assisted contracts that have subcontracting
possibilities. Bombardier will not establish a contract goal on every such contract, and the size of the
contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work,
availability of DBEs to perform the particular type of work).
Bombardier will express our contract goals as a percentage of the Federal share of a DOT-assisted
contract. Bombardier will monitor DBE participation by gender and ethnicity.
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3.6 GOOD FAITH EFFORTS PROCEDURES
3.6.1. Demonstration of good faith effort (ref: 49 CFR 26.53 (a) & (c))
The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it
has been done by either meeting the contract goal or documenting good faith efforts.
Bombardier will ensure that all information is complete and accurate and adequately documents the
bidder/offeror’s good faith efforts before we commit to the performance of the contract by the bidder/offeror.
3.6.2. Information to be submitted (ref: 49 CFR 26.53 (b))
Each solicitation, for which a contract goal has been established, will require the bidders/offerors to submit
the following information:
1.
2.
3.
4.
5.
6.
The names and addresses of DBE firm that will participate in the contract;
A description of work that each DBE will perform;
The dollar amount of the participation of each DBE firm participating;
Written and signed documentation of commitment to use a DBE subcontractor whose
participation it submits to meet a contract goal;
Written and signed confirmation from the DBE that it is participating in the contract as provided
in the prime contractor’s commitment and;
If the contract goal is not met, evidence of good faith efforts.
3.6.3. Good faith effors when a DBE is replaced on a subcontract (ref: 49 CFR 26.53 (f))
Bombardier will make good faith efforts to replace a DBE that is terminated or has otherwise failed to
complete its work on a subcontract with another certified DBE, to the extent needed to meet the contract
goal.
3.6.4. Counting DBE participation towards goals (ref: 49 CFR 26.55)
Bombardier will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55.
4
SUBPART D – CERTIFICATION STANDARDS
4.1 CERTIFICATION PROCESS (ref; 49 CFR 26.61 – 26.73)
Bombardier, being a Transport Vehicle Manufacturer, will not be performing any certification of its own.
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5
SUBPART E – CERTIFICATION PROCEDURES
5.1 UNIFIED CERTIFICATION PROGRAMS (ref 49 CFR 26.81)
Not applicable
5.2 PROCEDURE FOR CERTIFICATION DECISIONS (ref: 49 CFR 26.83)
5.2.1. Re-certification (ref: 49 CFR 26.83)
Not applicable
6
SUBPART F- COMPLIANCE AND ENFORCEMENT
6.1 INFORMATION, CONFIDENTIALITY, COOPERATION (ref: 49 CFR 26.109)
Bombardier will safeguard from disclosure to third parties information that may reasonably be regarded as
confidential business information, consistent with prime contract between Bombardier and the contracting
authority, Federal, State and local law.
Notwithstanding any contrary provisions of State or local law, we will not release personal financial
information submitted in response to the personal net worth requirement to a third party without the written
consent of the submitter.
6.2 MONITORING PAYMENTS TO DBEs
Bombardier will require subcontractors to maintain records and documents of payments to DBEs for three
years following the performance of the prime contract between Bombardier and the contracting authority.
These records will be made available for inspection upon request by any authorized representative of
Bombardier or DOT. This reporting requirement also extends to any certified DBE subcontractors.
Bombardier could perform interim audits of contract payments to DBEs. The audit would review payments
to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the
dollar amounts stated in the schedule of DBE participation.
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APPENDIX 1.
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Organizational Chart
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