Disadvantaged Business Enterprise (DBE) Program
Lake Charles Harbor & Terminal District
Purpose and Program Objective. The purpose of this document is to establish the policies and procedures necessary for the voluntary implementation and administration of the Port’s DBE program, as established by Board Resolution. The objective of the DBE program is to develop and administer a plan to create opportunities for meaningful participation in certain Port construction contracts for such businesses that have been certified through the Louisiana Unified Certification Program to be owned and controlled by social and economically disadvantaged persons (DBEs).
Policy. It is the policy of the Port to ensure that DBEs, as defined by the federal government, have an equal opportunity to receive and participate in Port construction contracts. It shall also be the policy of the Port:
1. To ensure nondiscrimination in the award and administration of Port construction contracts
2. To create a level-playing field upon which DBEs can compete fairly for Port construction contracts.
3. To ensure that only firms that fully meet the certification standards of the LUCP are permitted to participate as DBEs.
Enforcement and Oversight. The Executive Director shall have primary responsibility for the setting of the annual overall goals and the specific contract goals for the DBE program and for ensuring the cooperation and compliance of the program is followed by staff. Staff shall have the discretion to raise or lower DBE participation goals on a contract-by-contract basis. Staff shall acquire correspondence from prime contractors to and from DBEs to document a good faith effort in instances when individual contract goals cannot be met.
Contracts, Goal Setting.
1. Scope of Contracts. The policies and procedures set forth in this document shall apply to construction contracts within the capital budget. The program is voluntary by the Port and variances in goals may exist.
2. Overall DBE participation goal. On an annual basis, the Executive Director shall be responsible for establishing the overall DBE participation goal for Port construction contracts. In determining the appropriate overall goal, the Port Director shall consider the availability of ready, willing, and able DBEs to perform the types of contract work that is intended to be let during this period. The determination will take into account:
a. Bidders List
b. DBE directory
c. Past DBE participation in other local agency projects
d. Input from organizations serving or representing DBEs.
e. Input from prime contractors.
f. Capital construction project budget.
Contractor Cooperation and Compliance. In order to be considered responsive to any solicitation to a construction contract, potential contractors must, at a minimum, agree to use its Best Efforts to fully comply with the DBE program. The following information must be submitted with its bid:
1. The scope of work and dollar value of any portions of the bid work (i.e., the DBE participation commitment) that will be subcontracted or purchased from, together with the names and addresses of each DBE (if known) who will perform the work or supply the goods.
2. For DBE primes, the scope of work and dollar value of any portions of the bid work that the DBE prime will perform or supply through its own forces or through subcontracts with DBEs.
Contract Provisions. The Port shall use specifications and forms developed by LaDOTD for inclusions into those construction bid packages that have a set DBE goal.
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