ORDER N0. '7141
AP'P'ROVAL Of= REVISED AIRPORT DISADVRNTAGED
BUSINESS ENTERPRISE F'R06RAM
On this the 'E3r^d day of July cQ~G1, ~_ipon motion made by
Commissioner^ Griffin, seconded 6y Commissioner- Williams, the
Co~ar•t ~_inanimously apps^oved by a vote of 4-0-0, the revised
Rirport Disadvantaged ~4I51I1LSS Enterprise Program and
a~_tthor^i~e the Co~.inty Judge to sign same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DO('UMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henneke OFFICE: Count~ge
MEETING DATE: July 23, 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of revised Airport Disadvantaged Business Enterprise
program.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
SSI and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
County Jude
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the eazGest opportunity. See Agenda Request Rules
Adopted by Coimnissioners' Court.
DEPARTMENT OF TRANSPORTATION DBE PROGRAM -- 49CFR PART 26
CITY OF KERRVILLE AND KERR COUNTY, TEXAS
Definitions of Terms
The teens used in this program have the meanings defined in 49 CFR §26.5.
2. Objectives /Policy Statement (§§26.1, 26.23)
The City of Kerrville, Texas (the City) and Ketr County, Texas (the County)(City and County are hereafter
collectively called "Sponsor") have established a Disadvantaged Business Enterprise (DBE) program in
accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. Sponsor has
received Federal financial assistance from the Department of Transportation, and as a condition of receiving
this assistance, Sponsor signed an assurance that it will comply with 49 CFR Part 26.
It is the Sponsor's policy to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive
and participate in DOT-assisted contracts. It is also the Sponsor's policy:
a) To ensure nondiscrimination in the award and administration of DOT assisted contracts;
b) To create a level playing field on which DBEs can compete fairly for DOT assisted contracts;
c) To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
d) To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
participate as DBEs;
e) To help remove barriers to the participation of DBEs in DOT assisted contracts; and
fl To assist the development of firms that can compete successfully in the market place outside the
DBE Program.
Megan Caffall has been delegated as the DBE Liaison Officer. In that capacity, Ms. Caffall is responsible
for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the
same priority as compliance with all other legal obligations incurred by the Sponsor in its financial
assistance agreements with the Department of Transportation.
The City has disseminated this policy statement to the City Council of the City of Kerrville, the
Commissioner's Court of Kerr County, and all the relevant components of both organizations. We have
distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-
assisted contracts.
,rlr
City Manager
City of Kerrville, Texas
ounty Judge
Kerr County, Texas
Date: 7•z~''b( Date: ~- ~3"~
3. Nondiscrimination. (§26.7)
The Sponsor will never knowingly or intentionally exclude any person from participation in, deny any
person the benefits 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 administering its DBE program, the Sponsor will not, directly or through contractual or other
an'angements, 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 individuals of a particular
race, color, sex, or national origin.
4. DBE Program Updates (§26.21)
The Sponsor will continue to carry out this program until all funds from DOT financial assistance have been
expended. The Sponsor will provide to DOT updates representing significant changes in the program.
5. Quotas (§26.43)
The Sponsor does not use quotas in any way in the administration of this DBE program.
6. DBE Liaison Officer (DBELO) (§26.45)
The Sponsor has designated Megan Caffall as its DBE Liaison Officer. Ms. Gaffall's mailing address is 800
Junction Highway, Kerrville, Texas 78028. Her telephone number is (830) 257-8000.
[n that capacity, Ms. Caffall is responsible for implementing all aspects of the DBE program and enswing
that the Sponsor complies with all provisions of 49 CFR Part 26. Ms. Caffall is currently the Airport
Manager and has direct, independent access to the City Manager and County Judge concerning DBE
program matters and devotes a portion of her time to the DBE program.
The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination
with other appropriate officials. Duties and responsibilities may include the following.
a) Gathers and reports statistical data and other information as required by DOT.
b) Reviews third party contracts and purchase requisitions for compliance with this program.
c) Works with all departments to set overall annual goals.
d) Ensures that bid notices and requests for proposals are available to DBEs in a timely manner.
e) [dentifies contracts and procurements so that DBE goals are included in solicitations (both race-
ncutral methods and contract specific goals) and monitors results.
f) Analyzes the Sponsor's progress toward goal attainment and identifies ways to improve progress.
g) Participates in pre-bid meetings.
h) Advises the City Council and County Commissioners on DBE matters and achievement.
i) Participates with the Sponsor's legal counsel and project directorto determine contractor compliance
with good faith efforts.
j) Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance.
k) Plans and participates in DBE training seminars.
l) Certifies DBEs according to the criteria set by DOT and acts as liaison to the Uniform Certification
Process in Texas.
m) Provides outreach to DBEs and community organizations to advise them of opportunities.
n) Maintains the Sponsor's updated directory on certified DBEs.
o) Chairs the DBE Advisory Committee.
Federal Financial Assistance Agreement Assurance (§26.13)
The Sponsor has signed the following assurance, applicable to all DOT-assisted contracts and their
administration:
The City of Kerrville, Texas and Kerr County, Texas shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of any DOT-assisted
contract or in the administration of its DBE Program or the requirements of 49 CFR part 26.
The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure
nondiscrimination in the award and administration of DOT assisted contracts. The
recipient's DBE Program, as required by 49 CPR part 26 and as approved by DOT, is
incorporated by reference in this agreement. hnplementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the City of Kemille and Kerr County of their failure to carry out their
approved program, the Department may impose sanctions 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.).
8. DBE Financial Insfitutions
It is the policy of the Sponsor to investigate the full extent of services offered by financial institutions
owned and controlled by socially and economically disadvantaged individuals in the community, to make
reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts
to make use of these institutions. We have made the following efforts to identify and use such institutions:
none have been identified. To date we have identified the following institutions: not applicable. Information
on the availability of such institutions can be obtained from the DBE Liaison Officer.
9. Directory (§26.25)
The Sponsor will maintain a directory identifying all firms eligible to participate as DBEs. The directory
lists the firm's name, address, phone number, date of most recent certification, and the type of work the firm
has been certified to perform as a DBE. We will revise the Directory annually. We make the Directory
available as follows: upon request to Ms. Caffall our DBE Liaison Officer at R00 Junction Highway,
Kerrville, Texas 78028. Her telephone number is (830) 257-8000. The Directory may be found in
Attachment 2 to this program document.
10. Overconcentration (§26.33)
The Sponsor has not identified any work areas where ovcrconcenhation occurs.
11. Business Development Programs (§26.35)
The Sponsor has not established a business development program, but may in the future.
12. Required Contract Clauses (§§26.13, 26.29)
Contract Assurance
The Sponsor will ensure that the following clause is placed in every DOT-assisted contract and subcontract:
The contractor or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall cagy out applicable
requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the recipient
deems appropriate.
Prompt Payment
The Sponsor will include the following clause in each DOT-assisted prime contract:
The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than thirty (30) days from the receipt of each
payment the prime contractor receives from the City of Kenville, Texas or Kerr County,
Texas. The prime contractor agrees further to retwn retainagc payments to each
subcontractor within thirty (30) days after the subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above referenced time frame
may occur only for good cause following written approval of the City of Kerrville. This
clause applies to both DBE and non-DBE subcontractors.
Failure to wmply with this clause may result in the Sponsor issuing a full or partial stop payment or work
order until satisfactory action is taken.
13. Monitoring and Enforcement Mechanisms (§26.37)
The Sponsor 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. The Sponsor
also will consider similar action under our own legal authorities, including responsibility determinations
in future contracts.
4
Attachment 3 lists the regulations, provisions, and contract remedies available to us in the events of non-
compliance with the DBE regulation by a participant in our procurement activities.
14. Overall Goals (§26.45)
Amount of Goal
The Sponsor's overall goal For FY 2001 is the following: 11.90 `% of the Federal financial assistance we
will expend in DOT-assisted contracts (exclusive of FTA funds to be used for the purchase of transit
vehicles).
The Sponsor's overall goal for the following time period (2001 - 2002) is the following: 11.90% of the
Federal financial assistance we will expend in DOT-assisted contracts. (exclusive of FTA funds to be used
for the purchase of tt•ansit vehicles).
Given the amount of DOT-assisted contracts the Sponsor expect to let during this fiscal year/project, which
is $224,000.00, this means that we have set a goal of expending $26,656.00 with DBEs during this fiscal
year/project.
Method
As governmental entities that are part of the State of Texas, the City and the County adopt as their goal and
justification in its entirety the Aviation Design and Conshuction Overall Annual DBE Goal Fiscal Ycar
2001 as established by The Texas Department of Transportation pursuant to 49 CFR Part 26, which may
be found Attachment 4 to this program document.
Process
The Sponsor will submit its overall goal to DOT on August 1 of each year and in cases where we are an
FTA or FAA recipient, we will submit a project goal.
Before establishing the overall goal each year, the Sponsor will consult with the public and all interested
parties, including but not limited to minority, women's and general contractor groups, community
organizations, and other officials or organizations, to obtain information concerning the availability of
disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs,
and the Sponsor's efforts to establish a level playing field for the participation of DBEs.
Following this consultation, the Sponsor will publish a notice of the proposed overall goal, informing the
public that the proposed goal and its rationale are available for inspection during normal business hours at
the City's principal office for 30 days following the date of the notice, and informing the public that the
Sponsor and DOT will accept comments on the goals for 45 days from the date of the notice. The notice
will be published in the City's paper of record. Normally, the City will issue this notice by June 1 of each
year. The notice must include addresses to which comments may be sent and addresses (including offices
and websites) where the proposal may be reviewed.
The Sponsor's overall goal submission to DOT will include a summary of information and comments
received during this public participation process and our responses.
The Sponsor will begin using our overall goal on October 1 of each year, unless it receives other instructions
from DOT or TxDOT.
Breakout of Estimated Race-Neutral and Race-Conscious Particination
The Sponsor will meet the maximum feasible portion of its overall goal by using race-neutral means of
facilitating DBE participation. The Sponsor uses the following race-neutral means to increase DBE
participation: arranging solicitations and times for the presentation of bids, quantities, specifications, and
delivery schedules in ways that facilitate DBEs; requiring or encouraging prime contractors to subcontract
portions of work that it might otherwise perform with its own forces; providing technical assistance and
other services, carrying out information and communications programs on contracting procedures and
specific contract opportunities, and distributing our DBE directory.
The Sponsor estimates that, in meeting its overall goal of 11.90%, it will obtain 2.10% from race-neutral
participation and 9.80% through race-conscious measures.
The following is a summary of the basis of our estimated breakout of race-neutt•al and race-conscious DBE
participation: the Sponsor has adopted the break-out of estimated race-neutral and race-conscious
participation as established by Texas Department of Transportation's Aviation Design and Construction
Overall Annual DBE Goal Fiscal Year 2001. The Texas Department of Transportation's Aviation Design
and Construction Overall Annual DBE Goal Fiscal Year 2001 may be found as Attachment 4 to this
program document.
The Sponsor will adjust the estimated breakout ofrace-neutral and race-conscious participation as needed
to reflect actual DBE participation (see §26.51(f)) and will track and report race-neutral and race-conscious
participation separately. For reporting purposes, race-neutral DBE participation includes, but is not
necessarily limited to, the following: DBE participation through a prime contract a DBE obtains through
customary competitive procw~ement procedures; DBE participation through a subcontract on a prime
contract that does not carry a DBE goal; DBE participation on a prime contract exceeding a contract goal;
and DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE
status in making the award.
15, Contract Goals (§26.51)
The Sponsor will use contract goals to meet any portion of the overall goal that it does not project being able
to meet using race-neutral means. Contract goals are established so that, over the period to which the overall
goal applies, they will cumulatively result in meeting any portion of the Sponsor's overall goal that is not
projected to be met through the use of race-neutral means.
The Sponsor will establish contract goals only on those DOT-assisted contracts that have subcontracting
possibilities. The Sponsor need not establish a contract goal on every such contract, and the size of contract
F
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)
The Sponsor will express its contract goals as a percentage of the total amount of aDOT-assisted contract.
16. Good Faith Efforts (§26.53)
Information to be submitted
The Sponsor treats bidder/offerors' compliance with good faith efforts requirements as a matter of
responsiveness (under sealed bid procedures with initial proposals, or under contract negotiation
procedures).
Each solicitation for which a contract goal has been established will require bidders/offerors to submit the
following information within a reasonable time within the circumstances of each solicitation after the bid
opening, and prior to the actual contract award.
a) The names and addresse$ of DBE firms that will participate in the contract;
b) A description of the work that each DBE will perform;
c) The dollar amount of the participation of each DBE firm participation;d) Written and signed
documentation of commitment to use a DBE subcontractor whose participation it submits to meet
a contract goal;
d) Written and signed confirmation from the DBE that it is participating in the contract as provided m
the prime contractor's commitment; and
e) [f the contract goal is not met, evidence of good faith efforts.
Demonstration of eood faith efforts
The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that
it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith
efforts are found in Appendix A to part 26.
The DBELO is responsible for determining whether abidder/offeror who has not met the contract goal has
documented sufficient good faith efforts to be regarded as responsive.
The Sponsor will ensure that all information is complete and accurate and adequately documents the
bidder/offeror's good faith efforts before it commits to the performance of the contract by the bidder/offeror.
Administrative reconsideration
Within ten (l0) days of being informed by the Sponsor that the bidder/offeror is not responsive because it
has not documented sufficient good faith efforts, a bidder/offeror may request administrative
reconsideration. Bidders/offerors should make this request in writing to the following reconsideration
official City Manager, City of Kerrville, Texas, 800 Junction Highway, Kerrville, Texas 78028. The
reconsideration official will not have played any role in the original determination that the bidder/offeror
did not make and/or document sufficient good faith efforts.
As part of this reconsideration, the bidder/offeror will have the opportunity to provide written
documentation or argument concerning the issue of whether it met the goal or made adequate good faith
efforts to do so. The bidder/offeror will have the opportunity to meet in person with the Sponsor's
reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts
to do. The Sponsor will send the bidder/offeror a written decision on reconsideration, explaining the basis
for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The
result of the reconsideration process is not administratively appealable to the Department of Transportation.
Good Faith Efforts when a DBE is replaced on a contract
The Sponsor will require a contractor to make good faith efforts to replace a DBE that is terminated or has
otherwise failed to complete its work on a conu-act with another certified DBE, to the extent needed to meet
the contract goal. The Sponsor will require the prime contractor to notify the DBE Liaison Officer
immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation.
In this situation, the Sponsor will require the prime contractor to obtain our prior approval of the substitute
DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the
contractor fails or refuses to comply in the time specified, The appropriate person acting on behalf of the
Sponsor will issue an order stopping all or part of payment/work until satisfactory action has been taken.
If the contractor still fails to comply, the Sponsor may issue a termination for default proceeding.
17. Counting DBE Participation (§26.55)
The Sponsor will count DBE participation toward overall and contract goals as provided in 49 CFR X26.55.
18. Certification (§§26.61 §26.91)
The Sponsor will use the certification standards of Subpart D of part 26 and the certification procedures of
Subpart E of part 26 to determine the eligibility of films to participate as DBEs in DOT-assisted contracts.
To be certified as a DBE, a firm must meet all certification eligibility standards. The Sponsor will make
its certification decisions based on the Facts as a whole and will also recognize any certification for a film
issued by the Texas DOT or any other state or federal governmental entities.
Process
The Sponsor's certification application form and documentation requirements are found in Attachment 5
to this program.
For information about the certification process or to apply for certification, firms should contact: Megan
Caffall, 800 Junction Highway, Kerrville, Texas 78028. Ms. Caffall's number is (830) 257-8000. Ms.
Caffal can be reached by e-mail at meganc(cukenville.org .
In the event the Sponsor proposes to remove a DBE's certification, the Sponsor will follow procedures
consistent with §26.87. Attachment 6 to this program sets forth these procedures in detail. To ensure
separation of functions in a decertification, the Sponsor has determined that the City Manager will serve as
the decision maker in decertification proceedings. The Sponsor has established an administrative "firewall"
to ensure that the City Manager will not have participated in any way in the decertification proceeding
against the firm (including in the decision to initiate such a proceeding).
If the Sponsor denies a firm's application or decertify it, it may not reapply until three (3) months have
passed from the Sponsor's action.
Unified Certification Program
The City and County will discuss establishing a Unified Certification Program with respect to DOT-
assisted contracts.
Certification Anneals
Any firm or complainant may appeal the Sponsor's decision in a certification matter to DOT. Such appeals
may be sent to:
Department of Transportation
Office of Civil Rights
Certification Appeals Branch
400 7`h St., SW, Room 2104
Washington, DC 20590
The Sponsor will promptly implement any DOT certification appeal decisions affecting the eligibility of
DBEs for DOT-assisted contracting (e.g., certify a firm if DOT has determined that the Sponsor's denial
of its application was erroneous).
Recertifications
The Sponsor will review the eligibility of DBEs that the Sponsor certified under former part 23, to make
sure that they meet the standards of Subpart D of part 26. The Sponsor will complete this review no later
than three years from the most recent certification date of each firm.
The Sponsor will review the eligibility of fimts certified or reviewed and found eligible under part 26 every
three (3) years. These reviews will be made on a case-by-case basis.
"No Chance" Affidavits and Notices of Chance
The Sponsor will require all DBEs to inform it, in a written affidavit, of any change in its circumstances
affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 CFR part 26 or
of any material changes in the information provided with the firm's application for certification.
The Sponsor will also require all owners of all certified DBEs to submit, on the anniversary date of their
certification, a "no change" affidavit meeting the requirements of §26.83Q). The text of this affidavit
will be substantially as follows:
I swear (or affirm) that there have been no changes in the circumstances of [name of DBE
firm] affecting its ability to meet the size, disadvantaged status, ownership, or control
requirements of 49 CFR part 26. There have been no material changes in the information
provided with [name of DBE]'s application For certification, except for any changes about
which you have provided written notice to the City or County under §26.83(1). [Name of
film] meets Small Business Administration (SBA) criteria for being a small business
concern and its average annual gross receipts (as defined by SBA rules) over the firm's
previous three fiscal years do not exceed $16.6 million.
The Sponsor requires DBEs to submit with this affidavit documentation of the firm's size and gross receipts
The Sponsor will notify all currently certified DBE fimrs of these obligations. This notification will inform
DBEs that to submit the "no change" affidavit, their owners must swear or affirm that they meet all
regulatory requirements of part 26, including personal net worth. Likewise, if a film's owner knows or
should know that he or she, or the firm, fails to meet a part 26 eligibility requirement (e.g., personal net
worth), the obligation to submit a notice of change applies.
Personal Net Worth
The Sponsor will require all disadvantaged owners of applicants and of currently certified DBEs whose
eligibility under part 26 reviewed by the Sponsor to submit a statement of personal net worth with their
application for certification or recertification.
Attachment 7 sets forth the personal net worth form and the documentation respondents must submit with
it.
19. Information Collection and Reporting
Bidders List
The Sponsor 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. The bidders list will include the name, address, DBE/non-DBE status,
age, and annual gross receipts of firms.
The Sponsor will collect this information by any of the following methods: a contract clause requiring
prime bidders to report the names/addresses, and possibly other information, of all firms who quote to them
on subcontracts; a recipient-directed survey of a statistically sound sample of firms on a name/ address list
to get age/size information; and a notice in all solicitations, and otherwise widely disseminated materials
requesting firms quoting on subcontracts to report information directly to the Sponsor.
to
Monitorine Pavments to DBEs
The Sponsor will require prime contractors to maintain records and documents of payments to DBEs for
three years following the performance of the contract. These records will be made available for inspection
upon request by any authorized representative of the City or County or DOT. This reporting requirement
also extends to any certified DBE subcontractor.
The Sponsor will keep a running tally of actual payments to DBE firms for work committed to them at the
time of contract award. The Sponsor will, as needed, perform interim audits of contract payments to DBEs.
The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE
subconh~actors equals or exceeds the dollar amounts stated in the schedule of DBE participation.
Renortine to DOT
The Sponsor will report DBE participation to DOT in the following ways, as appropriate: submit annually
DOT Form 4630, as modified for use by FAA recipients; report DBE participation on a quarterly basis,
using DOT Form 4630, which will reflect payments actually made to DBEs on DOT assisted contracts; or
report DBE participation on a quarterly basis, using DOT Form 4630.
Confidentiality
The Sponsor will make reasonable efforts to safeguard from disclosure to third patties information that may
reasonably be regarded as confidential business information, consistent with Federal, state, and local law_
Under Texas Law, commercial or financial information for which it is demonstrated based on specific
factual evidence that disclosure would cause substantial competitive harm to the person from whom the
information was obtained is excepted from disclosure. Notwithstanding any contrary provisions of state
or local law, the Sponsor will not release personal financial information submitted in response to the
personal net worth requirement to a third party (other than DOT) without the written consent of the
submitter.
20. Attachments
The following arc attached to this program:
a)
b)
c)
d)
e)
g)
49 CFR Part 26
Texas Department of Transportation DBE listings for the region that includes Kerr County and the
City of Kerrville
Monitoring and Enforcement Mechanisms
Aviation Design and Construction Overall
Department of Transportation
Certification Application Form
Procedure for Removing DBE Certification
Personal Net Worth Form
Annual DBE Goal Fiscal Year 2001 of the Texas

nee arv of
KERRVILLE, TEXAS
July 11, 2001
The Honorable Judge Fred Henneke
Kerr County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
RE: Revised Airport DBE Program
Dear Judge Henneke:
I have attached for your review the revised Airport DBE program document to update our current
DBE program as required by the various grant assurances with TxDOT for airport improvements.
The document largely follows the TxDOT/FAA model program provided to us, and does not include
the attachments listed on page 1 I. If you need any further information, please let me know.
We would like to place the revised Airport DBE program document on the July 24`h or August 14`h
City Council meetings if at all possible.
Thank you for your time and consideration,


Megan Caffall
Airport Manager
t~
SOOJUNCTION HIGHWAY •KERRVILLE, TEXAS 78028-5069 • 830/257-8000
Attachment 1
Tuesday
February 2, 1999
Part II
Department of
Transportation
Office of the Secretary
49 CFR Parts 23 and 26
Participation by Disadvantaged Business
Enterprises in Department of
Transportation Programs; Final Rule
5096 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Parts 23 and 26
[Docket OST-97-2550; Notice 97-5j
RIN 2105-A892
Participation by Disadvantaged
Business Enterprises in Department of
Transportation Programs
ADENCV: Office of the Secretary, DOT.
ACTION: Final rule.
SUMMARY: This final rule revises [he
Department of Transportation's
regulations for its disadvantaged
business enterprise (DBE) program. The
DBE program is intended to remedy pas[
and current discrimination against
disadvantaged business enterprises.
ensure a "level playing field" and foster
equal opportunity in DOT-assisted
contracts, improve the flexibility and
efficiency of the DBE program, and
reduce burdens on small businesses.
This final rule replaces the former DBE
regulation, which now contains only the
rules for the separate DBE program for
airport concessions, with a new
regulation. The new regulation reFlec(s
President Clinton's policy to mend, not
end, affirmative action programs. I[
modifies the Department s DBE program
in light of developments in case law
requiring "narrow tailoring" of such
programs and last year's Congressional
debate concerning the continuation of
the DBE program. I[ responds to
comments on the Department's
December 1992 notice of proposed
rulemaking (NPRM) and its May 1997
supplemental notice of proposed
rulemaking (SNPRM).
DATES: This rule is effective March 4,
1999. Comments on Paperwork
Reduction Act matters should be
received by April 5. 1999: however, late-
filed comments will be considered to
[he extent practicable.
ADDRESSES: Persons wishing to
comment on Paperwork Reduction Ac[
matters (see discussion at end of
preamble) should send comments to
Docket Clerk, Docket No. OST-97-2550.
Department oC Transportation, 400 7th
Street. SW., Room 4107, Washington,
DC 20590. We emphasize that the
docket is open only with respect to
Paperwork Reduction Act matters, and
the Department is not accepting
comments on other aspects of [he
regulation. We request that, in order to
minimize burdens on the docket clerk's
staff. commenters send three copies of
their comments to the docket.
Commenters wishing to have their
submissions acknowledged should
include a stamped, self-addressed
postcard with their comments. The
docket clerk will date stamp the
postcard and return it to the commenter.
Comments will be available for
inspection at the above address from 10
a.m. to 5:00 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT:
Robert C. Ashby. Deputy Assistant
General Counsel for Regulation and
Enforcement, Department of
Transportation, 400 7th Street, SW.,
Room 10424, Washington, DC 20590.
phone numbers (202) 366-9306 (voice).
(202) 366-9313 (fax), (202) 755-7687
(TDD), bob.ashby@ost.dot.gov (email);
or David J. Goldberg, Office of
Environmental, Civil Rights and General
Law. Department of Transportation. 400
7th Street. SW.. Room 5432.
Washington. DC 20590, phone number
(202) 366-8023 (voice), (202) 366-8536
(fax).
SUPPLEMENTARY INFORMATION:
Background
The Department has the important
responsibility of ensuring that firms
competing for DOT-assisted contracts
are not disadvantaged by unlawful
discrimination. For eighteen years, [he
Department's most important tool for
meeting this responsibility has been its
Disadvantaged Business Enterprise
(DBE) program. This program began in
1980. Originally, the program was a
minority/women's business enterprise
program established by regulation under
the authority oFTitle VI of the Civil
Rights Act of 1964 and other
nondiscrimination statutes that apply to
DOT financial assistance programs. See
49 CFR part 23.
In 1983. Congress enacted. and
President Reagan signed, the first
statutory DBE provision. This statute
applied primarily to small firms owned
and controlled by minorities in the
Department's highway and transit
programs. Firms owned and controlled
by women, and the Department's airport
program, remained under the original
1980 regulatory provisions. In 1987,
Congress enacted. and President Reagan
signed, statutes expanding the program
to airports and to women-owned firms.
In 1991 (for highway and transit
programs) and 1992 (For airport
programs), Congress enacted. and
President Bush signed, statutes
reauthorizing the expanded DBE
program.
After each statutory amendment, and
at other times [o resolve program issues.
the Department amended part 23. The
result has been that part 23 has become
a patchwork quilt oFa regulation. In
addition, years of interpretation by
various grantees and different DOT
offices has created confusion and
inconsistency in program
administration. These problems.
particularly in the area of certification,
were criticized in General Accounting
Office reports. The Department's desire
[o improve program administration and
make the rule a more unified whole led
to our publication of a December 1992
notice of proposed rulemaking (NPRM).
The Department received about 600
comments on this NPRM. The
Department carefully reviewed these
comments and, by early 1995, had
prepared a draft final rule responding to
them. However, in light of the Supreme
Court's June 1995 decision in Adarand
v. Pena and the Administration's review
of affirmative action programs. [he
Depanment conducted further review of
the DBE program. As a result, rather
than issuing a final rule. we issued a
supplemental notice of proposed
rulemaking (SNPRM) in May 1997. This
SNPRM incorporated responses to the
comments on the 1992 NPRM and
proposed further changes in the
program. primarily in response to the
"narrow tailoring" requirements of
Adarand. We received about 300
comments on the SNPRM. The
Department has carefully considered
these comments, and [he final rule
responds to [hem. The final rule also
specifically complies with the
requirements that the courts have
established for a narrowly tailored
afOnnative action program.
At the same time that the Department
was working on this final rule. Congress
once again considered reauthorization
of the DBE program. In both the House
and the Senate, opponents of affirmative
action sponsored amendments that
would have effectively ended the
program. In both cases, bipartisan
majorities defeated the amendments.
The final highway/transit authorization
legislation, known as the Transportation
Equity Act for the 21st Century (TEA-
21), retains [he DBE program. In shaping
this final rule. [he Department has
Ilstened carefully [o what both
supporters and opponents of the
program have said in Congressional
debates.
Key Points of the Final Rule
This discussion reviews and responds
to the SNPRM comments and the
Congressional debates on certain key
issues. Congressional debate references
are to the Congressional Record for
March 5 and 6. 1998, for [he Senate
debate and April 1, 1998, for the House
debate. unless otherwise noted.
Federal Register/Vol. 69, No. 21/Tuesday. February 2, 1999/Rules and Regulations 5097
1. Quotas and Set-Asides
SNPRM Carnments: Most comments
on this issue came from non-DBE _
contractors, who argued that the
program was a de facto quota program.
Many of these contractors said that
recipients insisted that they meet
numerical goals regardless of other
considerations, and that the recipients
did not take showings of good faith
efforts seriously. Some non-DBE
contractor organizations argued, in
addition, that the program was a quota
program because it was based on a
statute that had a IO percent target for
the use of businesses defined by a racial
classification.
Congressional Debate: Opponents of
the DBE program generally asserted that
it created quotas or set-asides. Senator
McConnell described the entire
program, particularly [he provision that
"not less than l0 percent' of authorized
funds go to DBEs, as
* " * a $17.3 billion quota. In other
words. if the government decides that you are
[he preferred race and gender, then you are
able to compete for f 17.3 billion of taxpayer-
funded highway contracts. But. If you are the
wrong race and gender, then-too bad-you
can't compete for that 817 billion pot.
(S 1936).
The "not less than IO percent" language
also led opponents, such as Senator
Ashcroft. to label the program a "set-
aside," (S 1405), a term also employed in
testimony provided by a law professor
from California who said that the statute
"imposes aset-aside that s required
regardless of the availability of race-
neutral solutions." ($1407). Senator
Gorton said that the DBE statute
provides that "those not defined as
disadvantaged in our society are
absolutely barred and prohibited from
getting certain governmental contracts."
(S 1415).
On the other hand, supporters of [he
program were adamant that it was not
a quota program. Senator Baucus argued
that the program, as implemented by
DOT, allows substantial Flexibility to
recipients and contractors. Recipients
could have an overall goal other than IO
percent under current rules, he pointed
out. Senator Kerry of Massachusetts
added that what the statute does is to
"set a national goal. And it is
appropriate in [his country [o se[
national goals for what we will do to try
to break down the walls of
discrimination. * * *" (51408). He also
alluded to the Flexibility of the Secretary
to permit overall goals of less than 10
percent. Senator Robb stated:
1 want to stress at the outset that this
program is not a "quota program," as some
have suggested. There is a great difference
Ibetween~ an aspirational goal and a rigid
numerical requirement. Quotas utilize rigid
numerical requirements as a means of
implementing a program. The DBE program
uses aspirational goals. (51925).
With respect to Individual contract
goals. Senator Baucus said. "once a goal
is established for a contract, each
contractor must make agood-faith eFCort
to meet the goal-not mathematically
required, not quota required, but a good
faith effort to meet it" (S 1402). Senator
Baucus pointed to provisions of the
SNPRM concerning overall goals, means
of meeting [hem, and good-faith efforts
as further narrowly tailoring the
program. The SNPRM confirms, he said,
that "contract goals are not binding. If
a contractor makes good faith efforts to
find qualified women or minority-
owned subcontractors, but fails to meet
the goal, [here is no penalty." (51403).
Senator Robb added that "Contract goals
are not operated as quotas because they
require that the prime contractor make
'good faith efforts' to find DBEs. IFa
prime contractor cannot find qualified
and competitive DBEs, lire goal can be
waived." (SI425).
One of the Senators who addressed
the quota/se[-side issue in the most
detail was Senator Domenici. He
concluded that "I do not agree that this
minority business program we have in
this ISTEA bill before us is a program
that mandates quotas and mandates set-
asides." (S 1426). He made [his
statement, in part, on the basis of March
5. 1998, letter to him signed by
Secretary of Transportation Rodney
Slater and Attorney General Janet Reno.
In relevant part, this letter (which
Senator Domenici inserted into the
record) read as follows:
The 10 percent figure contained in the
statute is no[ a mandatory set aside or rigid
quota. First. the statute explldtly provides
that the Secretary of Transportatlon may
waive the goal for any reason' ' "Second.
in no way is the 10 percent figure imposed
on any state or locality' " "Moreover, state
agencies are permitted to waive goals when
achievement on a particular contract or even
for a specific year is not possible. The DBE
progam does no[ set aside a certain
percentage of contracts or dollars for a
specific se[ of contractors. Nor does the DBE
program require recipients to use se[-asides.
The DBE program is a goals program which
encourages participation without imposing
rigid requirements of any type. Neither [he
Department s current nor proposed
regulations permit [he use of quotas. The
DBE program does not use any rigid
numerical requirements [hat would mandate
a fixed number of dollars or contracts for
DBEs. ($1427).
The debate in [he House proceeded in
similar terms. Opponents of the DBE
program, such as Representative
Roukema (H2O00), Representative Cox
(H2O04) and Speaker Gingrich (H2O09)
said the legislation constituted a quota,
while proponents. such as
Representatives Tauscher (H2O01).
Poshard (H2O03), Bonior (H2O04) and
Menendez (H2O04) said [he program did
not involve quotas or set-asides.
DOT Response: The DOT DBE
program is not a quota or set-aside
program, and it is not intended to
operate as one. To make this point
unmistakably clear, the Department has
added explicitly worded new or
amended provisions to the rule.
Section 26.41 makes clear [hat the 10
percent statutory goal contained in
ISTEA and TEA-21 is an aspirational
goal at the national level. It does not set
any funds aside for any person or group.
It does not require any recipient or
contractor to have 10 percent (or any
other percentage) DBE goals or
participation. Unlike former part 23. it
does not require recipients to take any
special administrative steps (e.g..
providing a specialjustification to DOT')
if their annual overall goal is less than
l0 percent. Recipients must set goals
consistent with their own circumstances
(see § 26.45). There is no direct link
between the national 10 percent
aspirational goal and [he way a recipient
operates its program. The Department
will use the 10 percent goal as a means
of evaluating the overall performance of
the DBE program nationwide. For
example, if nationwide DBE
participatlon were to drop
precipitously, the Deparvnent would
reevaluate its efforts to ensure
nondiscriminatory access to DOT-
assis[ed contracting opportunities.
Section 26.43 states flatly that
recipients are prohibited from using
quotas under any circumstances. The
section also prohibits set-asides except
in the most extreme circumstances
where no other approach could be
expected to redress egregious
discrimination. Section 26.45 makes
clear that in setting overall goals.
recipients aspire to achieving only the
amount of DBE participation that would
be obtained in a nondiscriminatory
market. Recipients are not to simply
pick a number representing a policy
objective or responding to any particular
constituency.
Section 26.53 also outlines what
bidders must do to be responsive and
responsible on DOT-assisted contracts
having contract goals. They must make
good faith efforts to meet these goals.
Bidders can meet this requirement
either by having enough DBE
participation to meet the goal or by
documen(ing good faith efforts, even if
those efforts did not actually achieve the
5098 Federal Register/Vol. 69, No. 21/Tuesday, February 2, 1999/Rules and Regulations
goal. These means of meeting contract
goal requirements are fully equivalent.
Recipients are prohibited from denying-
a contract to a bidder simply because it
did not obtain enough DBE participation
to meet the goal. Recipients must
seriously consider bidders'
documentation of good faith efforts. To
make certain that bidders' showings are
taken seriously, the rule requires
recipients to offer administrative
reconsideration to bidders whose good
faith efforts showings are initially
rejected.
These provisions leave no room for
doubt: there is no place for quotas in the
DOT DBE program. In the Department's
oversight, we will take care to ensure
that recipients implement the program
consistent with the intent of Congress
and these regulatory prohibitions.
Z. Sanctions for Recipients Who Fail To
Meet Overall Goals
SNPRM Comments: The issue of
sanctions for recipients who fail to meet
overall goals was not a subject of
comments on the SNPRM. Since the
Department has never imposed such
sanctions, this absence of comment is
not surprising.
Congressional Debate: DBE program
opponents asserted. in connection with
[heir argument that the DBE program is
a quota program, that the Department
could impose sanctions for failure to
meet goals. "The goals have
requirements and the real threat of
sanctions," Senator McConnell said.
(S 1488). Citing a provision of a Federal
Highway Administration (FHWA)
manual saying that if "a state has
violated or failed to comply with
Federal laws or' * regulations."
FHWA could withhold Federal funding.
Senator McConnell said,
In other words, [here are sanctions. The
same threats appear in * " 'the Federal
transportation regulations' ' • When the
Federal government is wielding that kind of
weapon from on high, It does not have to
punish them. A 10 percent quota is still a
quota, even if the States always comply and
no one is formally punished. ([d.)
Defenders of the DBE program
pointed out that the Department had
never punished a recipient for failing [o
meet an overall goal (e.g., Rep.
Tauscher, H2O01; Senator Boxer,
51433). Senator Domenici asked
Secretary Slater and Attorney General
Reno whether there are sanctions,
penalties, or fines [ha[ may be (or ever
have been) imposed on a recipient who
does no[ meet DBE program goals. He
entered the following reply in the
record:
No state has ever been sanctioned by DOT
for not meeting its goals. Nothing in the
statute or regulations imposes sanctions on
any slate recipient that has attempted in good
faith, but failed, to rncet its self-imposed
goals. (51427).
Senator Lieberman added that if states
fail to meet their own goals, "[here is no
Federal sanction or enforcement
mechanism." (51493).
DOT Response: The Department has
never sanctioned a recipient for failing
to meet an overall goal. We do not
intend to do so. To eliminate any
confusion, we have added a new
provision (§ 26.47) that explicitly states
that a recipient cannot be penalized, or
treated by [he Department as being in
noncompliance with the rule, simply
because its DBE participation falls short
of its overall goal. For example, if a
recipient's overall goal is l2 percent.
and its participation is 8 percent, the
Department cannot and will not
penalize the recipient simply because
its actual DBE participation rate was
less than its goal.
Overall goals are not quotas, and [he
Department does no[ sanction recipients
because [heir participation levels fall
short of their overall goals. Of course, if
a recipient does not have a DBE
program, does not set a DBE goal. does
not implement its DBE program In good
faith, or discriminates in the way it
operates its program, it can be found in
noncompliance. But its noncompliance
would never be having failed to "make
a number."
3. Economic Disadvantage
SNPRM Comments: Some
commenters favored eliminating the
presumption of economic disadvantage,
saying that applicants should have [o
prove their economic disadvantage.
Other commenters favored obtaining
additional financial informaton from
applicants so that, even if the
presumption remained in force,
recipients would have a better Idea of
whether applicants really were
disadvantaged. The question of the
standard for determining disadvantage
generated substantial comment, with
some commenters favoring, and others
obJecting to. the proposed use of a
personal net worth standard to assist
recipients in determining whether an
applicant was economically
disadvantaged. There was also
disagreement among commenters
concerning the level at which such a
standard should be set (e.g., $750,000,
or something higher or lower). These
comments. and [he Department s
response to them, are further discussed
in the section-by-section analysis for
§ 26.67.
Congressional Debate: The Congress
debated the topic of who is regarded as
economically disadvantaged under the
statute. DBE opponents, including
Senators Ashcroft (51405) and
McConnell (51418) and Representative
Cox (H2O04), asserted that outrageously
rich people could be eligible to
participate as DBEs, frequently using the
Sultan of Brunei as an example. The
basic thrust of their argument was [hat
if [he program does no[ exclude wealthy
members of [he deslgna[ed groups-
meaning those who are not, in fact,
disadvantaged-then it is
"overinclusive" and therefore not
narrowly tailored. Senator McConnell
added that, because the Department's
SNPRM did not include a specific dollar
amount for a cap on personal net worth,
it would not be effective. (S 1486). On
the other hand. DBE program supporters
cited the SNPRM's proposed net worth
cap as an effective device to stop
wealthy people from participating in [he
program. These included Minority
Leader Daschle (with a reference to a
letter from the Associate Attorney
General. 51413), Senator Baucus (51414,
51423), Senator Lieberman (S 1493),
Senator Boxer (51433). and Senator
Moseley-Braun, who responded to the
Sultan of Brunei example by noting that
[he program was directed primarily at
U.S. citizens (51420).
DOT Response: The final rule
(§ 26.67) specifically imposes a personal
net worth cap of $750,000. This means
that, regardless of race, gender or the
size of their business, any individual
whose personal net worth exceeds
$750,000 is nat considered
economically disadvantaged and is no[
eligible for the DBE program. The
provision also makes i[ much easier for
recipients to determine whether an
individual's net worth exceeds the cap.
Applicants will have to submit a
statement of personal net worth and
supporting documentation to the
recipient with their applications. If the
information shows net worth above the
cap, the recipient would rebut the
presumption based on the lnfonnaUon
in the application itself and [he
individual would not be eligible for the
program. In such a case, it would not be
necessary for a third party to challenge
the economic disadvantage of an
applicant in order to rebut the
presumption. While there have been
very Few documented cases of wealthy
individuals seeking [o take advantage of
the Department s program. the revised
provisions of part 26 virtually eliminate
even the possibility of this type of
abuse.
4. Socia/ Disadvantage
SNPRM Comments: A few
commenters suggested that the
Federal Register/Vol. 64, No. 2I/Tuesday, February 2. 1999/Rules and Regulations 5099
presumption of social disadvantage, as
well as that of economic disadvantage,
be eliminated, so that applicants would
have [o demonstrate both elements of
disadvantage. Any presumption of
disadvantage tied to a racial
classification. in the view of some of
these commenters, undermined the
constitutionality of the program. Other
commenters noted that persons who are
not members of the presumptively
disadvantaged groups can be eligible
and, in some cases, suggested that the
criteria for evaluating such applications
be clarified.
Congressional Debater The
presumption of social disadvantage
drew fire from DBE program opponents
because it was allegedly overinclusive.
For example. Senator McConnell
produced a map illustrating the over
100 countries of origin leading to
inclusion in one of the presumed
socially disadvantaged groups, pointing
out that people from some countries
(e.g.. Pakistan) are presumed to be
socially disadvantaged while those from
other countries (e.g.. Poland) are not.
(5[418). Senator McConnell said that
[here was no basis for selecting this
definition over any other. (Id.) Senator
Hatch also listed the countries from
which Asian-Pacific Americans and
Subcontinent Asian-Americans can
originate, suggesting that i[ was
inappropriate to create "all kinds of
special interest groups who are vying for
these programs.' (51411).
DBE proponents responded that
discrimination against minorities and
women in general, and against specific
minorities in particular (e.g., African
Americans) was very real and formed a
basis for the presumption of social
disadvantage (see discussion below
concerning the existence of
discrimination). Senator Baucus also
noted that this presumption could be
overcome. (51402).
Opponents also charged that the
presumption of social disadvantage was
underinclusive: that Is, "you
underinclude people who have a right
[o be Included in the bid process."
(Senator McConnell, 51399). The people
who are not included who have a right
[o be, in the view of opponents. are
white males (e.g., Senator Sessions'
reference to testimony from Adarand
Constructors' owner, 51400). Senator
Kennedy disagreed with this assertion,
saying
Of course, this program doesn'tjust help
women and minorities. It extends a helping
hand [o firms awned by white males. as well.
They can be certified to ~participate~ If they
prove that they have been disadvantaged. Just
ask Randy Pech-owner o(the Adarand
Construction Firm-because he is currently
seeking certification. (51482).
Senator Domenici was interested in the
same question, and entered into the
record [he following response from
Secretary Slater and Attorney General
Reno:
Any individual owning a business may
demonstrate that he is socially and
economically disadvantaged. even if [hat
individual is not a woman or a minority.
Both the current and proposed regulations
provide detailed guidance to recipients to
assist [hem in making individual
determinations of disadvantaged status. And.
in fact, businesses owned by white males
have qualified for DBE status. (S 1427).
DOT Response: By having passed the
DBE statutory provision, after lengthy
and specific debate, Congress has once
again determined that members of the
designated groups should be presumed
socially disadvantaged. All of these
groups are specifically incorporated by
reference in [he legislation that Congress
debated and approved. This
presumption (i.e., a determination [ha[
i[ is not necessary for group members [o
prove individually that they have been
the subject of discrimination or
disadvantage) is based on the
understanding of Members of Congress
about the discrimination that members
of these groups have faced. The
presumption is rebuttable in [he DOT
program. If a recipient or third party
determines that there is a reasonable
balls for concluding that an Individual
from one of the designated groups is not
socially disadvantaged, it can pursue a
proceeding under § 26.87 to remove the
presumption. Likewise, a white male, or
anyone else who is not presumed to be
disadvantaged. can make an individual
showing of social and economic
disadvantage and participate in the
program on the same basis as any other
disadvantaged individual (see § 26.67).
The "Low-Bid System"
SNPRM Comments: Non-DBE
contractors expressed concern that a
variety of provisions under the program
and the SNPRM adversely affected [he
low-bid system, including contract
goals, evaluation credits, and good Faith
efforts guidance concerning prime
contractors' handling of subcontractor
prices and consideration of other
bidders' success in meeting goals.
Congressional Debate: Opponents of
the DBE program assert that the program
results in white male contractors not
receiving contracts [hey would
otherwise expect to receive. Senator
Sessions cited the statement of the
Adarand company to this effect.
(5141)0). Senator Ashcroft said that "if
two bids come in from two
subcontractors, one owned by a white
male and the other by a racial minority.
and the bids are the same, or even close,
[he Job will go to [he minority-owned
company, not the low bidder." (SI405).
Senator Gorton inserted Into the record
letters from a Spokane subcontractor
asserting that, in a number of cases, it
had lost subcontracts to DBE firms
despite having a lower quote. (51415-
16). Representative Roukema also cited
examples of firms who made similar
assertions. (H2O00).
In contrast. DBE program proponents
argued that the program was about
leveling the playing field for DBEs.
Senator Moseley-Braun cited letters
from her constituents for the point that
' ' 'the DBE program is not about taking
away contracts From qualified male-owned
businesses and handing them over to
unquahned female-owned firms. The
program is no[ about denying contracts to
Caucasian low bidders in favor of higher bids
that happen to have been submitted by
Hispania or African Americans or Asians or
women. (51420).
Without such a program, her
constituents' letters said, they would
lose the chance to compete. (Id.). Citing
testimony from a Judiciary Committee
hearing, Senator Kennedy noted [hat it
was the experience of some DBEs that
white male prime contractors had
accepted higher bids from other Firms [o
avoid working with DBEs. (SI430).
Why would a general contractor accept a
higher bid? It doesn't make sense unless you
remember that the traditional business
network Ocesn't include women or
minonttes' " " IA woman business owner
testiFiedl that some general conuactors would
rather lose money than deal with female
contractors. (Id.)
DOT Response: For the most part,
statutory low-bid requirements exist
only at the prime contracting level. That
is. state and local governments, in
awarding prime contracts, must select
the low bidder in many procurements
(there may be exceptions in some types
of purchases). Nothing in this regulation
requires, under any circumstances, a
recipient to accept a higher bid for a
prime contract from a DBE when anon-
DBE has presented a lower bid. This
rule does not interfere with recipients'
implementation of state and local low-
bid legislation.
The selection of subcontractors by a
prime contractor is typically not subject
to any low-bid requirements under state
or local law. Prime conuactors have
unfettered discretion to select any
subcontractor they wish. Price is clearly
a key factor, but nothing legally compels
a prime contractor to hire the
subcontractor who makes the lowest
quote. Other factors, such as the prime
5100 Federal Register/Vol. 64, Nu. 2l/Tuesday, February 2, 1999/Rules and Regulations
contractor's familiarity and experience
with a subcontractor. [he quality of a
subcontractor's work, the word-o F- -
mouth reputation o(the subcontractor
in the prime contracting community, or
the prime's comfort or discomfort with
dealing with a particular subcontractor
can be as or more important than price
in some situations. It is in this context
that § 26.53 requires that prime
contractors make good faith efforts to
achieve DBE contract goals. The rule
does not require that recipients ignore
price or quality, let alone obtain a
certain amount of DBE participation
without regard [o other considerations.
The good faith efforts requirements are
intended to ensure [hat prime
contractors cannot simply refuse to
consider qualified, competitive DBE
subcontractors. At the same time, the
good faith efforts waiver of contract
goals serves as a safeguard to ensure that
prime contractors will not be forced into
accepting an unreasonable or excessive
quote from a DBE subcontractor.
6. Constitutionality
SNPRM Comments: Non-DBE
contractors and their groups argued [hat
the SNPRM proposals, particularly with
respect to overall goals antl the use of
race-conscious measures, failed to meet
[he Adarand narrow tailoring test. Many
of these commenters said that the
overall goals were suspect because they
did not adequately consider the capacity
of DBEs to perform contracts and
Adarand requires that lace-conscious
measures may be used only after a
recipient has demonstrated that race-
neutral means have failed. The use of
presumptions based on racial
classifications was viewed as
intrinsically unconstitutional by these
commenters. many of whom cited [he
language of Judge Kane's decision in the
Adarand remand to this effect. Some
commenters also contended that, absent
recipient-specific findings of compelling
need, the program could not be
constitutional. They said that existing
information alleging compelling
interest-such as various disparity
studies or information compiled by the
Department of Justice-was inadequate
to meet the compelling interest test.
DBEs and recipients who commented
defended the constitutionality of the
program, often cuing experience with
discrimination in the marketplace and
contending that the SNPRM succeeded
in narrowly tailoring the program.
Congressional Debate: Proponents and
opponents of the DBE program
extensively debated the
constitutionality of the DBE statutory
provision and the entire DBE program.
Generally, opponents argued that the
Supreme Court and District Court
decisions in Adarand rendered the
program unconstitutional, while
proponents said that the decisions did
not have that effect.
Proponents and opponents of the DBE
program agreed that the Supreme
Court s Adarand decision established a
two-part test for the constitutionality of
a program [ha[ uses a racial
classification. The program must be
based on a compelling governmental
interest and be narrowly tailored to
further that interest (e.g., Senator
McConnell, 51396: Senator Baucus,
51403). Opponents relied on [he Finding
of a Colorado district court on remand
that the program was not narrowly
tailored and was thus unconstitutional
(Senator McConnell, S 1396: Senator
Ashcroft, 51405). Proponents replied
[hat the remand decision represented
[he views of only one district court
(Senator Baucus. 51403). that i[ failed to
pcoperly apply the reasoning of the
Supreme Court decision with respect to
narrow tailoring (Senator Domenici.
51425), and [hat [he Department's
forthcoming regulations would ensure
that the program was narrowly tailored
(see discussion below).
A. Compelling Interest
(I) Existence o(Discrimination.
Proponents (and some opponents) of the
DBE provision said that discrimination
and/or disadvantage with respect to
minorities and/or women persists. In
the House. these included
Representative Roukema (H2000-OI),
Representative Norton (H2003),
Representative Poshard (H2003).
Representative Menendez (H2004),
Representative Davis of Illinois (H2005),
Representative Boswell (H2005),
Representative Lampson (H2006),
Representative Kennedy (H2006),
Representative Jackson-Lee (H2006).
Representative Edwards (H2007),
Representative Andrews (H2007),
Representative Rodriguez (H2008).
Representative Towns (H2010),
Representative Dixon (H2010), and
Representative Millender-McDonald
(H2011). DBE opponents typically
remained silent on this point, neither
affirming nor denying the existence of
discrimination against women and
minorities.
There was a similar pattern in the
Senate debates. Opponents typically did
not address the present existence of
discrimination or disadvantage with
respect to minorities and women or its
continuing effects, spoke of such
discrimination as something that existed
In the past (Senator Sessions, S 1399;
Senator Hatch, 5141 Q, or asserted that
race-based disadvantage or
discrimination no longer exists (Senator
Ashcroft, S 1406).
The Senators who said that such
discrimination persists included
Senator Baucus (51403, 51413, 51496),
Senator Warner (51403), Senator Keny
(51408). Senator Wellstone (51410),
Senator Moseley-Braun (51419-20),
Senator Robb (51422); Senator
Brownback ($1423-24), Senator
Domenici (51425-26), Senator Kennedy
(51429-30. 51482). Senator Specter
(51485), Senator McCain (51489).
Senator Lautenberg (51490). Senator
Durbin (51491). Senator Daschle
(51492), Senator Lieberman (51493),
Senator Bingaman (51494), Senator
Murray (S 1495), and Senator Dorgan
(51495).
(2) Evidence of discriminatlon or
disadvantage. In comments on the
passage of the TEA-21 conference
report in the Senate. Senator Chafee
noted a Colorado Department of
Transportation disparity study that
found a disproportionately small
number of women- and minority-owned
contractors participating in that state's
highway construction industry. More
than 99 percent of contracts wen[ to
films owned by white men.
(Congressional Record, May 22, 1998;
55413). in the House discussion of [he
conference report, Representatlve
Norton presented an extensive summary
of relevant evidence of discrimination
forming the basis for a compelling need
for the DBE program. (H3957).
Throughout the debate. the Members
who affirmed [he existence of
discrimination and/or disadvantage
asserted a number of factual bases for
concluding that [he DBE program was
necessary. This information is largely
drawn from the Senate debate; the
briefer House debate contains less
detail.
Senator Baucus cited disparities
between the earnings of women and
men and between the percentage of
small businesses women own and the
percentage of Federal procurement
dollars they receive. He also noted that
minorities make up 20 percent of the
population, own 9 percent of
construction businesses, and get only 4
percent of construction receipts.
(51403). Finally, Senator Baucus, via a
letter from the Associate Attorney
General, cited to numerous
Congressional findings concerning [he
effecu of discrimination in the
construction industry and in DOT-
asslsted programs. (51413).
Senator Kerry added that women own
9.2 percent of the nation's construction
firms but their companies earn only
about half of what is earned by male-
owned firms. (51409). Senator Robb
Federal Register/Vol. 64, No. ll/7Lesday, February 2, 1999/Rules and Regulations 5101
commented that the evidence ofracially
based disadvantage is "compelling and
disturbing." He continued, stating that,-
"White-owned construction firms
receive 50 times as many loan dollars as
African-American owned firms that
have identical equity." (51422). Senator
Kennedy said that the playing field for
women and minorities and other
victims of discrimination was still not
level. Job discrimination against
minorities and the "glass ceiling" for
women still persisted, he said, adding
that "Nowhere is the deck stacked more
heavily against women and minorities
than in the construction industry."
(S 1429). He cited a number of instances
in which minority or (emote contractors
encountered overt discrimination in
trying to get work. (51429-30).
Senator Lautenberg said that, for
transpurtalion-related contracts,
minority-owned firms get only 61 cents
For every dollar of work that white male-
owned businesses receive. The
comparable figure for women-owned
firms was 48 cents. He also mentioned
that "women-owned businesses have a
lower rate of loan delinquency, yet still
have far greater difficulty in obtaining
loans." (S 1490). He then spoke of the
continuing effects of past
discrimination:
Jim Crow laws were wiped off the books
over 30 years ago. However, [heir pernicious
effects on the construction industry remain.
Trarssportation construction has historically
relied on the old boy network which, until
[he last decade, was almost exclusively a
white, old boy network. ' ' ' Thls Is an
industry that relies heavily on business
friendships and relationships established
decades, sometimes generations. ago-years
before minority-owned firms were even
allowed to compete. (Id.)
Senator Durbin referred [o recent
studies concerning Job bias against
minorities and women. ($1491). Senator
Lieberman referred generally to
previous Congressional committee
Findings and testimony concerning still-
existing barriers [o full participation for
minorities and women. (51493). He also
cited [he May 1996 Department of
Justice survey of discrimination and its
effects in business and contracting. He
referred to a recent study in Denver
showing that African Americans were 3
times, and Hispanics 1.5 times, more
likely than whites to be rejected for
business loans. Senator Daschle
summed up by saying, "[tlhere is clearly
a compelling interest in addressing the
pervasive discrimination [ha[ has
characterized the highway construction
industry." (51492).
Throughout the portion of the debate
described above, many of the Members
stressed that goal-based programs like
the DBE program were the only effective
way to combat the continuing effects of
discrimination.
Senator Baucus cited [he experience
of Michigan, in which DBE participation
in the state-funded portion of the
highway program fell to zero in a nine-
month period after the state terminated
its DBE program, while the Federal DBE
program in Michigan was able [o
maintain 12.7 percent participation.
(S 1404). Senator Kerry also raised the
Michigan example, and went on to cite
similar sharp decreases in DBE
participation when Louisiana,
Hillsborough County, Florida, and San
Jose. California, eliminated affirmative
action programs covering state- and
locally-funded programs. Senator Kerry
asked rhetorically:
" " ' is [hat Just the economy of our
country speaking. an economy at one
moment that is capable of having 12 percent
and at another moment, where they lose [he
incentive to do so, to drop dawn to zero. to
drop down by 99 percent. to drop down by
80 percent, to have .4 at the Stale level while
a[ the Federal level there are 12 percent? You
could not have a more compelling interest if
you vied. " " " (5!409-10).
Senator Moseley-Braun added the
examples of Arizona. Arkansas, Rhode
Island, and Delaware to [hejurisdictions
cited by other members where s[a[e-
funded projects without a DBE program
have significantly less DBE participation
than Federally funded projects subject
[o the DBE program. She added, "Where
there are no DBE programs, women- and
minority-owned small businesses are
shut out of highway construction."
(51420-21). Senator Kennedy added
Nebraska. Missouri, Tampa and
Philadelphia to the list ofjurisdictions
that experienced precipitous drops in
DBE partcipation after goals programs
ended. (S 1429-30: 51482). He also cited
comments from DBE companies that
goal programs were needed to surmount
discrimination-related barriers. (51482).
Senator Domenici repeated many of the
same points as previous DBE
proponents concerning the basis for
concluding that the program was
needed (51426), as did Senator
Kempthorne. (51494).
Senator Robb emphasized that the
DBE program was essential to combating
discrimination and ensuring economic
opportunity, explicitly linking the fall-
off in DBE participation to continuing
discrimination:
Where DBE programs at the Slate level
have been eliminated, participatton by
qualified women and qualified minorities in
government transportatlon contracts has
plummeted. There is no way [o know
whether [his discrimination is Intentional or
subconscious, but the effect is the same. This
experience demonstrates the sad but
inescapable truth that, when It comes (o
providing economic opportunities to women
and minorities, passivity equals inequality-
(51422).
3. Narrow tailoring.-DBE proponents
cited the Department's proposed DBE
rule as the vehicle that would ensure
that the DBE program would be
narrowly tailored. They cited features of
the SNPRM including a new mechanism
for calculation of overall goals, giving
priority to race-neutral measures in
meeting goals, a greater emphasis on
good faith efforts. DBE diversification,
added Flexibility for recipients. net
worth provisions, ability to challenge
presumptions of social and economic
disadvantage, and flexibility in goal-
setting. In comments on the Senate
consideration of the TEA-21 conference
report, Senator Baucus concluded by
saying:
As I explained in my statements during the
debate on the McConnell amendment ' "
the program is narrowly tailored, both under
the cunen[ and the new regulations, which
emphasize ^exible goals tied to the capacity
of firms in the local market. the use of race-
neutral measures, and the appropriate use of
waivers for good faith efforts. (Congressional
Record. May 22, 1998: S54I4).
Following Senator Baucus' remarks,
Senator Chafee. Chairman of the
committee ofjurisdlction, requested [hat
he be associated with Senator Baucus'
remarks on constitutionality. (55414).
DBE opponents denied that regulatory
change could result in a narrowly
tailored program. Senator Smith said
"The administration's attempt to
comply with [he Couri s decision by
fiddling around with the DOT
regulations does not meet the
constitutional litmus test." (51398). The
most frequent argument against the
efficacy of regulatory change was that a
racial classification is inherently unable
to be narrowly tailored. (Senator
Sessions, S 1399-1400: Senator Ashcroft,
S 1407).
DOT Response: The 1998 debate over
DBE legislation was the most thorough
in which Congress has engaged since
the beginning of the program. The
record of this debate clearly supports
[he Department s view that there is a
compelling governmental interest in
remedying discrimination and its effects
in DOT-assisted contracting. Congress
clearly determined that real, pervasive.
and injurious discrimination exists.
Congress backed up that determination
with reference to a wide range of factual
material, including private and public
contracting, DOT-assisted and state-and
locally-funded programs and the
financing of the contracting industry. ey
retaining the DBE statutory provisions
5102 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
against this factual background,
Congress clearly found that there was a
compelling governmental interest In -
having [he program.
The courts, including the court in the
Adarand Constructors inc. v. Pena. 965
F.Supp. 1556 (D. Colo., 1997) and the
court in In re: Sherbrooke Sodding, 6-
96-CV-4l (D. Minn. 1998), agree that
Congress has the power to legislate on
a nationwide basis to address
nationwide problems. Congress has a
unique role as the national legislature to
look at the whole of the United States
for the basis to find a compelling
governmental interest supporting the
use of race-based remedies. Congress is
not required to make particularized
findings of discrimination in individual
localities to which a nationwide
program may apply. Nor is Congress
required to find that [he Federal
government itself has discriminated
before applying arace-conscious
remedy. (Id. at 1573).
Having reviewed the extensive
evidence of discrimination and its
relationship to DOT-assisted
contracting, the District Court in
Adarand determined that current and
previous DBE provisions were a
"considered response by Congress [o the
effects of discrimination on the ability
of minorities [o participate in [he
mainstream of federal contracting." (Id.
at 1576). The court stated that "Congress
has a strong basis in evidence for
enacting the challenged statutes. which
thus serve a 'compelling governmental
interest."' (Id. at 1577). Ttle extensive
Congressional debate and information
supporting the enactment of [he 1998
DBE provision significantly strengthens
the existing basis for declaring that this
program serves a compelling
governmental interest.
The basis For District Court s view [hat
the program at issue in Adarand is
unconstitutional is stated most clearly
in [he following passage:
Contrary to the ~Supreme~ Court s
pronouncement that strict scrutiny is not
'fatal in faa,' I find it difficult to envisage a
race-based classification that is narrowly
tailored. By its very nature, such [al program
is both underinclusive and overindusive. (Id.
at 1580).
Oy underinclusive. the court said it
meant that Caucasians and members of
non-designated minority groups are
excluded. By overinclusive, It said it
meant that all the members of the
designated groups are presumed to be
economically and/or socially
disadvantaged, without Congress having
inquired whether a particular entity
seeking a racial preference has suffered
from the effects of past discrimination
(citing the Supreme Court's Croson
decision, which concerned the powers
of state and local governments to use
race-based remedies). (Id.)
As Senator Domenici pointed out
(S 1425). the key words in the District
Court's opinion are "Contrary to the
(Supreme Court's pronouncement.
* "' The District Court's analysis
departs markedly from the controlling
decision of the Supreme Court on this
issue (Adarand v. Pena. 515 U.S. 200
(1995)). The Supreme Court's language
with which the District Court disagreed
is the following:
Finally. we wish to dispel the notion that
strlc[ scrutiny is "strict in theory, but fatal in
(act." citation omitted The unhappy
persistence of both the practice and the
lingering effects of racial discrimination
against minority groups in this country is an
unfortunate reality. and govemmen[ is no[
disqualified from acting in response to it
• When race-based action is necessary [o
further a compelling interest. such action is
within constitutional constraints if It satisfies
the "narrow tailoring" test this Court has set
out in previous cases. (515 U.S. a[ 237).
The Supreme Court evidently considers
the "not fatal in fact 'language to have
continuing vitality, having cited i[ in a
subsequent case (US. v. Virginia, SIS
U.S. 515, note 6 (1996)).
Under the District Court's analysis.
Congress could never use arace-based
classification, no matter how
compelling the need. because any such
classification would intrinsically fail to
be narrowly tailored. This approach
effectively moots the determination of
whether [here is a compelling
governmental interest. The Supreme
Court's approach, by contrast. permits a
racial classification to be used, given the
existence of a compelling interest, if it
is narrowly tailored.
What is [he test for narrow tailoring?
As set forth in United States v. Paradise,
480 U.S. 149, 171 (1987), [he test
includes several factors: "the necessity
for relief and the efficacy of alternative
remedies; the flexibility and duration of
the relief, including the availability of
waiver provisions: the relationship of
the goals to the relevant labor market:
and the Impact of the relief on the rights
of third parties." In Adarand, the
Supreme Court specifically invited
inquiry into whether there was any
consideration of the use of race-neutral
means to increase minority business
participation (related to the efficacy of
alternative remedies) and whether the
program was appropriately limited so
that it will not last longer than [he
discrimination it is designed to
eliminate (related to the duration of
relief). (Sl5 U.S. at 238).
This final rule successfully addresses
each element of this test:
• The necessity olrefief Throughout
the debate on the compelling
governmental interest, the bipartisan
majority of both houses of Congress
repeatedly described the necessity of the
DBE program's goal-based approach [o
remedying the effects of discrimination
in DOT-assisted contracting. The most
significant evidence demonstrating the
necessity of agoal-oriented program is
the evidence cited of the fall-off in DBE
participation in state contracting when
goal-oriented programs end, compared
to participation rates in the Federal DBE
program.
• Efl;cacy ofalternatlve remedies.
This element of the narrow tailoring
standard is related to [he Supreme
Court s inquiry concerning race-neutral
programs. Under § 26.51 of this rule,
recipients are required to meet the
maximum feasible portion of [heir
overall goals by using race-neutral
measures. Recipients are not required to
have contract goals on each contract.
Instead, they are instructed to use
contract goals only for any portion of
their overall goal they cannot meet
through race-neutral measures. ConVact
goals are intended as a safety net to be
used when race-neutral means are not
effective to ensure that a recipient can
achieve "level playing field." Moreover,
the regulations provide that recipients
must reduce the use of contract goals
when other means are sufficient to meet
their overall goals. This ensures that
race-conscious relief is used only to the
extent necessary and is replaced by
race-neutral as quickly as possible.
• Flexibility ofrellef. Flexibility is
built into the program in a variety of
ways. Recipients set their own goals.
based on local market conditions: their
goals are not imposed by the federal
government nor do recipients have to tie
them to any uniform national
percentage. (§ 26.45). Recipients also
choose their own method for goal
setting and can choose to base the goal
on the evidence that they believe best
reflects their market conditions.
(§ 26.45). Recipients have broad
discretion to choose whether or no[ to
use a goal on any given contract, and if
they do choose to use a contract goal,
they are free [o set it at any level [hey
believe is appropriate for the type and
location of the specific work involved.
(§ 26.5 Q. The rule also ensures
flexibility for contractors by requiring
that any contract goal be waived entirely
for a prime contractor that demonsvates
that it made good faith efforts but was
still unable [o meet the goal. (§ 26.53).
The rule also allows recipients that
believe they can achieve equal
opportunity for DBEs through different
approaches to get waivers releasing
Federal Register/Vol. 64, No. 21/Tuesday. February 2, 1999/Rules and Kegulations 5103
them from almost any of the specific
requirements o(the rule. (§ 26.103).
Recipients can also get exemptions from
the rule if they have unique
circumstances that make complying
with the rule impractical. (§ 26.103).
• Duration of relief. The TEA-21 DBE
program will end in 2004 unless
reauthorized by [he Congress. In each
successive reauthorization bill for the
surface transportation and airport
programs, Congress will have [he
opportunity to examine the current state
of transportation contracting and
determine whether the DBE program
statutes are still necessary [o remedy the
continuing effects of discrimination. In
addition, the duration of relief for
individuals and (inns are limited by the
personal net worth threshold and
business size caps. When an
individual's personal wealth grows
beyond the threshold, he or she will
lose the presumption of disadvantage.
(§ 26.67). Similarly, when a firm's
receipts grows beyond the small
business size standards, it loses its
eligibility to participate In the program.
(§ 26.65). Finally, to ensure [ha[ race-
conscious remedies are not used any
longer than absolutely necessary,
§ 26.51 requires recipients to reduce the
use of contract goals and rely on race-
neu[ral measures to the extent [hat they
are effective.
• Rela[lonshlp ofgoals to the relevant
market. The overall goal setting
provisions of § 26.45 require that
recipient set overall goals based on
demonstrable evidence of [he relative
availability of ready, willing and able
DBEs in the areas from which each
recipient obtains contractors. These
provisions ensure that there is as close
a fit as possible between the goals set by
each recipient and [he realities of its
relevant market. When a recipient sets
conVact goals, § 26.51 provides that
these goals are to be set realistically in
relation to the availability of DBEs for
the type and location of work involved.
• impact of relief on [he rights of
third parties. The legitimate interests of
third parties (e.g., prime contractors,
non-DBE subcontractors) are only
minimally impacted by the DBE
program, since the program is aimed at
replicating a market in which [here are
no effects of discrimination and the
program affects only a relatively small
percentage of total federal-aid funds.
The design of the overall and contract
goal provisions ensures that the use of
race-conscious remedies having [he
potential to affect the interests of third
parties is limited to the extent necessary
[o counter the effects of discrimination.
Individual prime contractors are further
protected from suffering any undue
burdens by § 26.51, which prevents a
prime contractor from losing a contract
if it made good faith efforts but was still
unable to meet a goal. Non-DBE firms
are also protected by § 26.33, which
directs recipients to take appropriate
steps to address areas of
overconcentration of DBE firms in
certain types of work that could unduly
burden non-DBE firms seeking the same
type of work.
• /ncluslon of appropriate
beneficiaries. The certiFication
provisions of Subparts D and E, and
particularly the social and economic
disadvantage provisions of § 26.67,
ensure that only firms owned and
controlled by individuals who are in
Fact socially and economically
disadvantaged can participate in the
program. Eligibility provisions guard
against overlnclusiveness by ensuring
that individuals with too great net worth
are not presumed disadvantaged and by
permitting the recipient-on its own
initiative or as the result of a
complain[-[o follow procedures to
rebut the presumption of social and/or
economic disadvantage. They guard
against underinclusiveness by
permitting any business owner.
including a white male, to demonstrate
social and economic disadvantage on an
individual basis.
Section-by-Section Analysis
Section 26.1 What Are the Objectives
of This Pan?
There were relatively few comments
on this section of the SNPRM, most of
which agreed with the proposed
language. We have adopted the
suggestion of some commenters that
specific reference be made to [he role of
the DBE program in helping DBEs
overcome barriers (e.g., access [o capital
and bonding) [o equal participation. We
have also added a specific reference to
the role of the program in creating a
level playing field on which DBEs can
compete fairly for DOT-assisted
contracts. Some non-DBE contractors
urged that language be added to
explicitly oppose "reverse
discrimination." The rule clearly states
[hat nondiscrimina[lon is [he program's
first objective and the Department
reiterates here that it opposes unlawful
discrimination of any kind.
Section 26.3 To Whom Does This Par[
Apply?
This provision is unchanged from the
SNPRM, except for references to the
new TEA-21 statutory provisions. A few
commenters wanted this provision to
apply to Federal Railroad
Administration (FRA) programs, as did
the original version of Former part 23.
However, FRA does not have specific
statutory authority for a DBE program
parallel to the TEA-21 language. One
commenter asked if the language saying
that DBE requirements do not apply to
contracts without any DOT funding is
inconsistent with Federal Transit
Administration (FTA) guidance on
applicability. While [he structure of the
FTA program is such that FTA funds are
commingled with local funds in many
transit authority contracts (e.g., any
contract involving FTA operating
assistance funds), to which DBE
requirements would apply, a contract
which is funded entirely with local
funds-and without any Federal
funds-would not be subject to
requirements under this rule.
Section 26.5 What Do The Terms Used
in This Par[ Mean?
There were relatively few comments
on the definitions proposed in the
SNPRM. One commenter wanted to
substitute the term "historically
underutilized business" Cor DBE. Given
the continued use of the DBE term in
Congressional consideration of the
program, the continued use of the
"socially and economically
disadvantaged Individuals" language in
the statute. and the Camillari[y of
concerned parties with the DBE term,
we do not believe changing the term
would be a good idea.
A few commenters asked for
addi[lonal definitions or elaboration of
existing definitions (e.g., "form of
arrangement." "financial assistance
program," "commercially useful
function"). These terms are either
already defined sufficiently or are best
understood in context of [he operational
sections in which they are embedded,
and abstract definitions in [his section
would not add much to anyone's ability
[o make the program work well.
Consequently, we are no[ adding them.
Otherwise [he final rule adopts the
SNPRM proposals for definitions with
only minor editorial changes.
The Department has added, far [he
sake of clarity and consistency with
other Federal programs. definitions of
[he terms Alaskan native. Alaskan
native corporation (ANC), Indian tribe,
immediate family member. Native
Hawaiian, Native Hawaiian
organization, principal place of
business, primary industry
classification, and tribally-owned
concern. These definitions are taken
from the SBA's new small
disadvantaged business program
regulation (13 CFR § 124.3). The
definitions of the designated groups
included in [he definition of "socially
5104 Federal Register/Vol. 64, Nu. 21/Tuesday, February 2, 1999/Rules and Regulations
and economically disadvantaged
individual" also derive from the SBA
regulations. as the Department's DBE
statutes require. We believe these will
be useful terms of art in implementing
the DBE program.
A few commenters requested
definitions for the terms "race-
conscious" and "race-neutral," and we
have provided definitions. A race-
conscious program is one [hat focuses
on, and provides benefits only for.
DBEs. The use of contract goals is the
primary example of grace-conscious
measure in the DBE program. Arace-
neutral program is one that, while
benefiting DBEs, is not solely focused
on DBE firms. For example, small
business outreach programs, technical
assistance programs, and prompt
payment clauses can assist a wide
variety of small businesses, notjust
DBEs.
Section 26.7 What Discriminatory
Actions Are Forbidden?
One commenter wanted to add
prohibitions of discrimination based on
age, disability and religion. The
Department is not doing so, because
discrimination on these grounds is
already prohibited by other statutes
(e.g., the Americans with Disabilities
Act with respect to disability). Also.
statutes which form the basis for this
rule focus on race, color, national origin,
and sex. Congress determined that
remedial action focused on these areas
is necessary. These grounds far
discrimination are also most relevant to
problems in the DBE program that have
been alleged to exist (e.g., disparate
treatment of DBE certification
applicants by race or sex). Some
opponents of the program said [hat [he
DBE program discriminates against non-
DBEs. However, the Department
believes that [he program is
constitutional and does not violate
equal protection requirements. A
reference to DOT Title VI regulations
has been deleted as unnecessary;
otherwise, this provision is the same as
In the SNPRM.
Section 26.9 How Does [he Department
issue Guidance and Interpretations
Under This Part?
Commenters, most of whom were
recipients, focused on two issues in this
section. First, a majority of the
comments favored the "coordination
mechanism" concept for ensuring
consistent DOT guidance and
interpretations. The few that disagreed
with this approach did so out of a
concern that the mechanism would add
delays to the process. These
commenters favored additional training
or an 800 number hot line to speed up
the process.
We believe that proper coordination
of interpretations and guidance Is vital
to the successful implementation of [his
rule. As the preambles to the 1992 and
1997 proposed rules mentioned,
Inconsistent implementation of part 23
has been a continuing problem, which
has been criticized by a General
Accounting Office report and which has
created unnecessary difficulty for
recipients, contractors, and the
Department itself. A process for
ensuring that the Department speaks
with one voice on DBE implementation
matters, and for letting the public know
when DOT has spoken, will greatly
improve the service we give our
customers.
We do not believe this coordination
process will result in significant delays
in providing guidance. Nor will it
inhibit the ability of DOT staff and
customers to communicate with one
another. For example, the process does
not apply to informal advice provided
by staff to recipients or contractors over
[he phone or in a letter ore-mall. It does
maintain, however, the important
distinction between informal staff
assistance on one hand and a binding
institutional position on [he other.
For clarity in the process, we have
modified the language of [he rule text to
make clear that interpretations and
guidance are binding, official
Departmental positions if the Secretary
signs them or if the document includes
a statement that they have been
reviewed and approved by the General
Counsel. The General Counsel will
consult fully with all concerned offices
as part of this review process.
We intend to post significant
guidance documents and interpretations
on the Department's web site to make
[hem widely and quickly available. As
some commenters suggested, we are also
continuing to consider forming an
advisory committee (or working group
of an existing committee) [o facilitate
customer Input into DBE program
matters. This is separate from the
coordination mechanism. however,
which is an internal DOT process.
The rule's provisions regarding
exemptions and waivers, previously
found in the SNPRM's § 26.9 (c) and (d).
are now included as a separate section
at § 26.15.
Section 26.11 What Records do
Recipients Keep and Report?
The Department asked, in the
SNPRM, whether it would be advisable
to have one standard reporting form for
information about [he DBE program.
Currently, each operating
administration (OA) has its own
reporting form and requirements.
Virtually all the commenters that
addressed this issue favored a single.
DOT-wide reporting form. Commenters
also had a wide variety of suggestions
for what data should be reported,
formats, and retention periods.
The Department is adopting the
suggestion of having a single reporting
Form, which we believe will reduce
administrative burdens for recipients,
particularly those who receive funds
from more than one OA. Because we do
not want to delay the issuance of this
rule while a form is being developed.
we are reserving the date on which this
single form requirement will go into
effect. We will take comments on the
specifics of reporting into account and
consult with interested parties as we
devise the form, which will be
published subsequently in Appendix B
to this tole. The Appendix will also
address the issues of reporting
frequency and record retention periods.
Meanwhile, recipients will continue to
report as directed by the concemed
OA(s), using existing reporting forms.
The mle is also adding a requirement
that recipients develop and maintain a
"bidders" list. The bidders list is
intended to be a count of all fvms that
are participating, or attemptlng to
participate, on DOT-assisted contracts.
The list must include all firms that bid
on prime contracts or bid or quote
subcontracts on DOT-assisted projects.
including both DBEs and non-DBEs.
Bidders lists appear [o be a promising
method for accurately determining the
availability of DBE and non-DBE firms
and the Department believes that
developing bidders data will be useful
for recipients. Creating and maintaining
a bidders list will give recipients
another valuable way to measure the
relative availability of ready, willing
and able DBEs when setting their overall
goals. (See § 26.45). We realize that
identlFying subcontractors. particularly
non-DBEs and all subcontractors that
were unsuccessful in their attempts to
obtain contracts, may well be a diRicult
task for many recipients. Mindful of [hat
potential burden, [he tole will not
impose any procedural requirements for
how the data is collected. Recipients are
free to choose whether or not they wish
to gather this data through their existing
bidding and reporting processes.
Recipients are encouraged to make use
of all of the data already available [o
them and all methods of reporting and
communication with their contracting
community that they already have in
place. In addition, the Department
suggests that recipients consider using a
widely publicized public notice or a
Federal Register/Vol. 64, No. ZI/Tuesday, February 2, 1999/Rules and Regulations 5105
widely disseminated survey to
encourage all firms that have bid or
quoted contracts to make themselves
known to recipients.
Once recipients have created the list
of bidders, they will have to supplement
that information with the age of each
firm (since establishment) and the
annual gross receipts of the Firm (or an
average of its annual gross receipts).
Recipients can gather this additional
information by sending a questionnaire
[o the firms on the list, or by any other
means that the recipient believes will
yield tellable information The
recipient's plan for how to create and
maintain the list and gather the required
information must be included in its DBE
program.
Section 26.13 What Assurances Must
Recipients and Contractors Make?
There were few comments on this
section. Most of these supported the
proposal. One comment suggested
specific mention of prompt payment,
but in view of the substantive
requirements on this subject, we do not
believe such a mention is needed. Some
commenters Favored requiring
additional public participation as part of
the assurance for recipients. Again.
given substantive provisions of this rule
concerning public participation, we do
no[ believe that repetition here is
needed. One commenter said [hat
incorporating the requirements of part
26 in [he contract was confusing, since
many provisions of par[ 26 apply only
to recipients. We have rewritten the
assurance for contractors in response to
[his concern, specifying that contractors
are responsible only for carrying out the
requirements of part 26 that apply to
them.
Section 26. i5 How Can Recipients
Apply for Exemptions or Waivers?
There has been some confusion as to
this tvle's distinction between
exemption and waiver. Put simply.
exemptions are for unique situations
that are most likely not to be either
generally applicable to all recipients or
to have been contemplated in the
rulemaking process. If such a situation
occurs and i[ makes it impractical for a
particular recipient to comply with a
provision of part 26. the recipient
should apply for an exemption from Iha[
provision. The waiver provision. by
contrast, is not designed for
extraordinary circumstances where a
recipient may not be able [o comply
with part 26. Waiver is For a situation
where a recipient believes that it can
better accomplish the objectives of the
DBE program through means other than
the specific provisions of part 26.
There were a number of comments
about the proposed program waiver
provision. Most commenters on this
issue favored [he proposal. believing it
could add flexibility to the way
recipients implement the DBE program.
A few commenters were concerned that
too liberal use of the waiver provision
might undermine the goals of the rule.
The Department believes [hat [he
waiver provision is an important aspect
of the DBE program. The provision
ensures that the Department and a
recipient can work together to respond
to any unique local circumstances.
Recipients are encouraged to carefully
review the circumstances in their own
jurisdictions to determine what
mechanisms are best suited to achieving
compliance with the overall objectives
of the DBE program. If a recipient
believes i[ is appropriate to operate its
program differently from [he way that a
provision of Subpart B or C provides,
including, but not limited to, any
provisions regarding administrative
requirements, overall or contract goals.
good faith efforts or counting
provisions, it can apply Cor a waiver. For
example. waiver requests could pertain
to such subjects as the use of a race-
conscious measure other than a contract
goal. different ways of counting DBE
participation in certain industries, use
of separate overall or contract goals to
address demonstrated discrimination
against specific categories of socially
and economically disadvantaged
individuals, the use or wording of
assurances. differences in information
collection requirements and methods,
etc.
The Department will, of course.
carefully review any applications for
waivers to make sure that innovative
state or local programs are able to meet
the objectives of the statutes and
regulation. Decisions on waiver requests
are made by the Secretary. This
authority has no[ been delegated to
other officials. The waiver provision.
which the Department believes will
help assist recipients to "narrowly
tailor" the program to state and local
circumstances and ensure
nondiscrimination, remains in the Final
rule.
Section 26.21 Who Must Have a DBE
Program?
The only substantive comment
concerning this provision asked that
Federal Railroad Administration (FRA)
programs be included. The Department
is no[ including FRA programs under
this rule because FRA does no[ have a
specific DBE program statute parallel to
those covering the Federal Aviation
Administration (FAA). FTA, and
FHWA. FRA could consider issuing a
rule similar to part 26 under its own,
separate statutory authority. The
Department shortened paragraph (b)(I)
to make it easier to understand. Within
180 days of the effective date of this
rule, all recipients with existing
programs must submit revised programs
to the relevant OA for approval. The
only changes from existing programs
[hat recipients would have [o make are
changes needed to accommodate
differences between former part 23 and
part 26. Future new recipients would, of
course, submit a DBE program as part of
the approval process for financial
assistance.
Section 26.23 What is the Requirement
for a Policy Statement?
Section 26.25 What is the Requirement
far a Llalson Officer?
Section 26.27 What Efforts Must
Recipients Make Concerning DBE
Financial Ins[i to tlons?
There were no substantive comments
concerning §§ 26.23-26.27, and the
Department is adopting them as
proposed.
Section 26.29 What Prompt Payment
Mechanisms Must Recipients Have?
There was substantial comment on
the issue of prompt payment. A majority
of commenters supported the concept of
prompt payment provisions. Some
recipients pointed out that [hey already
had prompt payment provisions on the
books. DBFs generally supported
mandating prompt payment provisions
though they, as well as other
commenters, recognized that slow
payment is a problem affecting many
subcontractors, notjust DBEs. Some of
these comments suggested making
prompt payment requirements
applicable to subcontracts in general,
notjust DBE subcontracts. Some
recipients were concerned about getting
in the middle of disputes between prime
contractors and subcontractors. Some
commenters wanted the Department to
mandate prompt payment provisions.
while others preferred that their use by
recipients remain optional.
Having considered [he variety of
views expressed on [his subject, the
Department believes that prompt
payment provisions are an important
race-neutral mechanism that can benefit
DBEs and all other small businesses.
Under part 26, all recipients must
include a provision in their contracts
requiring prime contractors to make
prompt payments to their
subcontractors. DBE and non-DBE alike.
It is clear that DBE subcontractors are
significantly-and. to the extent that
5106 Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations
they tend to be smaller than non-DBEs,
disproportionately-affected by late
payments from prime contractors. Lack -
oC prompt payment constitutes a very
real barrier to [he ability of DBEs to
compete in the marketplace. It is
appropriate (or [he Department to
require recipients to take reasonable
steps to deal with this barrier. We
recognize that delayed payments do not
affect only DBE contractors; a prompt
payment requirement applying to all
subcontracts is an excellent example of
a race-neutral measure that will assist
DBEs, and we are therefore requiring
that recipients' prompt payment
mechanisms apply to all subcontracts
on Federally-assisted contracts.
Paragraph (a) of this section requires
recipients to put into their DBE
programs a requirement for a prompt
payment contract clause. This clause
would appear in every prime contract
on which there are subcontracting
possibilities, and it would obligate the
prime contractor to pay subcontractors
within a given number of days from [he
receipt of each payment the recipient
makes to the prime contractor. Payment
is required only for satisfactory
completion of [he subcontractor's work.
The clause would also apply to the
return of retainage from the prime to the
subcontractor. Retainage would have to
be returned within a given number of
days from the time the subcontractor's
work had been satisfactorily completed,
even if the prime contract had not yet
been completed. A maJority of
commenters on the retainage issue
favored a requirement of this kind.
The number of days involved would
be selected by the recipient. subject to
OA approval as part of [he reclpfen['s
DBE program. In approving these time
frames, the OAs will consider whether
they are realistic and sufficiently brief to
ensure genuinely prompt payment.
Recipients who already operate under
prompt payment statutes may use their
existing authority in implementing this
requirement. It may be necessary to add
to existing contract clauses in some
cases (e.g., if existing prompt payment
requirements do not cover retainage).
Paragraph (b) lists a series of
additional measures that the regulation
authorizes, but does not require,
recipients to use. These include
alternative dispute resolution, holding
of payments to primes until
subcontractors are paid, and other
mechanisms that the recipient may
devise. All these mechanisms could be
made part of the recipient's DBE
programs.
Section 26.31 Whal Requirements
Pertain to the DBE Directory?
Recipients maintain directories listing
certi Fied DBEs. 'Che issue most
discussed by commenters on this
section was whether the directory
should include material concerning the
qualifications of [he firm to do various
sorts of work. For example, has [he firm
been pre-qualified by the recipient? Can
it do creditable work? What kinds of
work does the firth prefer to do? Some
commenters also asked that the
directory should list the geographical
areas in which the firm is willing to
work. Other commenters opposed the
idea of including this kind of
information in the directory.
The Department believes [hat the
directory and the certification process
are closely intertwined. The primary
purpose of the directory is to show [he
results of the certification process.
Consequently, the directory should list
all firms that the recipient has certified.
along with basic identifying information
for the firm. Since certification under
this rule pertains [o the various kinds of
work a firm's disadvantaged owners can
control, it is important to list those
kinds of work in the directory. For
example, if a firm seeks to work in fields
A, B. and C, but the recipient has
determined that its disadvantaged
owners can control its operations only
with respect to A and B, then the
directory would recite that the firm is
certified to perform work as a DBE in
fields A and B.
The focus of the directory is intended
to be eligibility. A directory is a list of
firms that have been certified as eligible
DBEs. with sufficient identifying
information [o permit interested firms [o
contact the DBEs. We do not intend [o
turn a recipient's directory into a
comprehensive business resource
manual. For example, information about
firms' qualifications, geographical
preferences for work, performance track
record, capitalization. etc. are not
required to be part of the directory.
Some commenters favored including
one or more of these elements, but we
are concerned that other business
information-however useful in its own
right--could clutter up the directory
and dilute its focus on certification.
Section 26.33 What Steps Must a
Recipient Take to Address
Overconcentratlon of OBEs in Certain
Types of Work?
For some time, the Department has
heard allegations [hat DBEs are
overconcentrated in certain fields of
highway construction work (e.g.,
guardrail, Fencing, landscaping, traffic
control, striping). The concern
expressed is that there are so many
DBEs in these areas that non-DBEs are
finzen out of the opportunity to work.
In an attempt to respond to these
concerns. the SNPRM asked for
comment on a series of options for
"diversification" mechanisms, various
incentives and disincentives designed to
shift DBE participation to other types of
work.
The Department received a great deal
of comment on these proposals, almost
all of it negative. There were few
comments suggesting that
overconcentration was a serious
problem, and many comments said that
the alleged problem was not real. Some
FTA and FAA recipients said that if
there was a problem with
overconcentration, i[ was limited [o the
highway construction program. As a
general matter, recipients said that [he
proposed mechanisms were costly.
cumbersome, and too prescriptive.
Prime contractors opposed the
provisions because they would make it
more difficult for [hem to find DBEs
with which to meet their goals. while
DBEs opposed them because they felt
the provisions would penalize success
and force them out of areas of business
in which they were experienced. Many
commenters suggested using outreach or
business development plans as ways of
assisting DBEs to move into additional
areas of work.
The Department does not have data
from commenters or other sources to
support a finding that
"overconcentration" is a serious,
nationwide problem. However, as part
of the narrow tailoring of the DBE
program. we belteve it would be useful
to give recipients [he authority to
address overconcentration problems
where they may occur. In keeping with
the increased Bexibility that this rule
provides recipients, we give recipients
discretion to identify situations where
overconcentration is unduly burdening
non-DBE firths. If a recipient Finds an
area of overconcentration, i[ would have
to devise means of addressing the
problem that work In their local
situations. Possible means of dealing
with the problem could include
assisting prime contractors to Find DBEs
in non-vaditional fields or varying the
use of contract goals to lessen any
burden on particular types of non-DBE
specialty contractors. While recipients
would have [o obtain DOT approval of
determinations of overconcentration
and measures for dealing with them, the
Department is not prescribing any
specific mechanisms for doing so.
Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations 5107
Section 26.35 What Role do Business
Development and Mentor-Protege
Programs Have in [he DBE Program?
In the SNPRM, both mentor-protege
programs and business development
programs (BDPs) were cast as tools to
use for diversification. They still may be
used for that purpose, as noted in
§ 26.33. However, the Department
believes that they may have a broader
application, and their use in the final
rule is not limited to diversification
purposes. BDPs, in particular, are good
examples of race-neutral methods
recipients can use to promote the
participation of DBEs and other small
businesses in their contracting
programs.
There were few comments on these
provisions. Recipients wanted
flexibility. and suggested that these
kinds of programs should be optional.
Their comments said that such
programs were resource-intensive, and
that Federal Cinancial assistance for
them would be welcome. One
contractors' organization offered its own
mentor-protege plan as a model. A few
comments voiced suspicion of mentor-
protege plans, on the basis that they
allowed fronts and frauds into the
program.
The final rule makes the use of BDPs
and mentor-protege programs optional
for recipients. An operating
administration can direct a particular
recipient [o institute a BDP, but BDPs
are not mandatory across the board. The
operating administration would
negotiate with the recipient before
mandating a BDP.
One feature added to this provision
allows recipients to establish a kind of
mini-graduation requirement for firms
that voluntarily participate in BDPs.
One of the purposes of a BDP is to equip
DBE firms to compete in the market
outside the DBE program. Therefore, a
recipient could ask BDP participants [o
agree-as a condition of receiving BDP
assistance-to agree [o leave [he DBE
program after a certain number of years.
or after certain business development
objectives had been achieved.
Standing alone, mentor-protege
programs are not an adequate substitute
For the DBE program. While they can be
an important tool to help selected firms.
they cannot be counted on to level the
playing field for DBEs in general. An
effective mentor-protege program
requires close monitoring to guard
against abuse, which further limits [he
number of DBEs they can assist. Even
with these limits, amentor-protege
program that has safeguards to prevent
large non-DBE firms from circumventing
the DBE program can be a useful
component of a recipient's overall
strategy to ensure equal opportunities
for DBEs.
The final rule Includes safeguards
intended to prevent the misuse of
mentor-protege programs. Only firms
that a recipient has already certified as
DBEs (necessarily including a
determination that they are independent
firms) can participate as proteges. This
is intended to preclude non-DBE firms
from creating captive DBE firms [o serve
as proteges. Anon-DBE mentor firm
cannot get credit for more than half its
goal on any contract by using its own
protege. Moreover, anon-DBE mentor
firm cannot get DBE credit for using its
own protege on more than every other
contract performed by the protege. That
is, if Mentor Firm X uses Protege Firm
Y to perform a subcontract, X cannot get
DBE credit for using Y on another
subcontract until Y had first worked on
an intervening prime contract or
subcontract with a different prime
contractor.
To make mentor-protege relationships
feasible. [he rule provides that mentors
and proteges are not treated as affiliates
of one another for size determination
purposes. Mentor-protege programs and
BDPs must be approved by the
concerned operating administration
before they take effect. Recipients who
already have such programs in place
would make them part of their revised
DBE programs sent to the concerned OA
within 1 g0 days of [he effectlve date of
part 26.
Section 26.37 What Are a Recipient's
Responsibilities far Monitoring the
Performance of Other Program
Participants?
The few comments on this section
asked for more detail and clarification.
In the interest of flexibility, the
Department is reluctant [o be
prescriptive in the matter of monitoring
and enforcement mechanisms. What we
are looking for is a strong and effective
set of monitoring and compliance
provisions in each recipient's DBE
program. These mechanisms could be
most anything available to the recipient
under Federal, state, or local law (e.g..
liquidated damages provisions,
responsibility determinations,
suspension and debarment rules, etc.)
One of the main purposes of these
provisions is to make sure that DBEs
actually perform work committed to
them at contract award. The results that
recipients must measure consist of
payments actually made to DBEs, not
just promises at the award stage. Credit
toward goals can be awarded only when
payments (including, for example, the
return of retainage payments) are
acutally made to DBEs. Under the final
rule, recipients would keep a running
tally of the extent to which, on each
contract, performance had matched
promises. Prime contractors whose
performance fell short of original
commitments would be subject to the
compliance mechanisms the recipient
had made applicable.
Section 26.91 What !s the Role of the
Statutory 10 Percent Coal in This
Program?
This is a new section, intended to
explain what role the 10 percent
statutory goal plays in the DBE program.
Under former part 23, the 10 percent
figure derived From the statute had a
role in the setting of overall goals by
recipients. For example, if recipients
had a goal of less than 10 percent, the
wle required them to make a special
justification.
This section makes clear that [he 10
percent goal is an aspirational goal that
applies to the Department of
Transportation on a national level, not
to individual recipients. It is a goal that
the Department can use to evaluate its
overall national success in achieving the
objectives [hat Congress has established
for this program. However, the national
10 percent goal is no[ tied to recipients'
goal-setting decisions. Recipients set
goals based on what will achieve a level
playing field for DBEs in their own
programs, without regard to the national
goal. Recipients are not required to set
their overall or contract goals at 10
percent or any other particular level.
Recipients are no longer required to
make a special justification if their
overall goals are less than IO percent.
As discussed in connection with the
Congressional debate on the TEA-21
DBE provision, Congress viewed
flexibility concerning the statutory ]0
percent goal as an important feature of
narrow tailoring and made clear that it
was setting a national goal, no[ a goal for
any individual recipient. The
Department wants to ensure that state
and local programs have sufficient
flexibility to implement their programs
in a narrowly tailored way. This section
is part of [he Department's effort toward
that end.
Section 26.43 Can Recipients Use
Quotas or Set-Asides as Pan of This
Program?
The DBE program has often been
labeled as a "quota" or "set-aside"
program, especially, [hough not
exclusively, by its opponents. This label
is. and always has been, incorrect.
Fifteen years ago, In the preamble [o the
Department s first rule implementing a
DBE statute, the Department carefully
5108 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
specified [hat neither quotas nor set-
asides were required (see 48 FR 33437-
38: July 21. 1983). This remains true
today. However, in light of Adarand and
this year's Congressional debates on the
DBE statutes, we believe this point
deserves additional emphasis. This
regulation prohibits quotas under any
circumstances and makes clear that set-
asides can only be used as a means of
last resort for redressing egregious
discrimination.
A number of non-DBE contractors and
their organizations continued to assert,
in comments on the SNPRM, that the
DBE program operates as a quota
program. This section makes clear that
recipients cannot use quotas on DOT-
assisted contracts under any
circumstances. A quota is a simple
numerical requirement that a recipient
or contractor must meet. without
consideration of other factors. For
example, if a recipient sets a 12 percent
goal on a particular contract and refuses
to award [he contract to any bidder who
does not have 12 percent DBE
participation, either refusing to look a[
showings of good faith efforts or
arbitrarily disregarding them, then the
recipient has used a quota. The
Department's regulations have never
endorsed this practice. The issue of
good faith efforts is discussed further
below In connection with § 26.51.
A set-aside is a very specific tool. A
contracting agency sets a contract aside
for DBEs if it permits no one but DBEs
to compete for the contract. Firms other
than DBEs are not eligible [o bid. The
Departments DBE program has never
required the use of set-asides and has
allowed recipients to use set-asides only
under very limited circumstances.
Under the SNPRM, a recipient could
use aset-aside on aDOT-assisted
contract only if other methods of
meeting overall goals were
demonstrated to be unavailing and the
recipient had legal authority
independent of part 26. Comments were
divided concerning the use of set-asides.
A number of non-DBE contractors
opposed the use of set-asides, some of
them saying [hat set-asides might be
something they could live with if their
use were balanced by the elimination of
DBE contract goals on other contracts In
[he same field. Some recipients and
DBEs said, however, that set-asides were
a useful tool to achieve goals.
particularly for start-up contractors or
small contracts.
The Department has carefully
reviewed these comments and continues
to believe that set-asides should not be
used in the DBE program unless they are
absolutely necessary to address a
specific problem when no other means
would suffice. If a recipient has been
unable to remedy the effects of
egregious discrimination through other
means. It may, as a last resort, make
limited use oFsec-asides to the extent
necessary to resolve the problem.
Section 26.45 How Do Recipients Set
Overall Coals?
Since its inception, [he recipient s
overall goal has been the heart of the
DBE program. Responding to Adarand.
DOT clarified [he theory and purpose of
the overall goal in the SNPRM. In the
proposed rule, the Department made
clear [hat the purpose of the overall
goal-and, in fact, the DBE program as
a whole-is to achieve a "level playing
field" for DBEs seeking to participate in
Federal-aid transportation contracting.
To reach a level playing field, recipients
need [o examine [heir programs and
their markets and determine the amount
of participation they would expect DBEs
to achieve in the absence of
discrvnination and the effects of past
discrimination. The focus of the goal
section of the SNPRM was to propose
ways to measure what a level playing
field would look like and to seek input
on the availability of data to make such
a measurement.
The Proposed Rule and Comments
The Department proposed several
options that recipients might use for
setting overall goals, including three
alternative formulas for measuring the
availability of ready, wilting and able
DBEs in local markets. The specific
formulas will be discussed below, but
generally, they each called for setting a
goal that reFlected the percentage of
locally available firms that were DBEs
(i.e. dividing the number of DBEs by the
number of all businesses). On all of [he
alternatives, the SNPRM sought
comments on both the feasibility and
practical value of the options, as well as
[he prospects for combining any of the
approaches and the question of whether
[o mandate a single approach or allow
each recipient [o choose amongst the
options. We invited commenters to
propose changes [o any of [he details of
the options or to devise entirely new
ones. Finally, we asked commenters for
their input on the availability of reliable
data for use with each of the options.
Hundreds of commenters of all
types-including DBEs and non-DBEs.
prime and subcontractors, state and
local recipients, industry and interest
groups and private individuals-
respondedwith awealth of feedback.
opinions and data. It Is an
understatement [o say that there was no
consensus among commenters as to [he
best way to set overall goals. Support for
the proposed options was almost evenly
spread over [he choices presented, with
many commenters firmly against all of
[he options. Still more suggested [ha[
the current, non-formulaic method was
[he best way to ensure the Bexibility to
respond to local market conditions.
Similarly, among those who expressed
an opinion, commenters were split
between [he propriety of choosing a
single "best' method and imposing it on
all recipients and allowing recipients to
choose amongst all the options. One of
the few universal themes in the goal-
setting comments was the problem of
the availability of reliable data on the
number of DBE and non-DBE
contractors.
There were a few common threads
that different groups of commenters
tended to apply [o all of the formulas.
Among recipients, many comments
focused on the lack of data about non-
DBEcontractors. especially
subcontractors. Recipients often noted
that they would not have the
information needed for the denominator
of any of the formulas (i.e. [he total
number of available businesses). Non-
DBE contractors-and Industry groups
representing them-generally believed
that [here should be a capacity measure
built into any goal setting mechanism.
Finally, DBEs-and [heir industry
associations-were concerned that all of
the formulas would create goals based
only on the current number of DBEs.
locking in the effects of past
discrimination by ignoring [he fact [hat
the lack of opportunities in the past has
suppressed the number of DBE flrtlts
available today.
Under the proposed rule's Al[emaUve
1, recipients would calculate [he
percentage of DBE firms in their
directories among all firms available to
work on their DOT-assisted contracts.
Under Alternative 2, recipients would
calculate the percentage of all minority-
and women-owned firms in certain SIC
codes in their areas among all Brms in
these SIC codes In the same areas.
Under Alternative 3, recipients would
calculate a percentage based on the
average number of DBE Brms that had
worked on their DOT-assisted contracts
in recent years divided by the average
number of all firms that had worked on
their DOT-assisted contracts in the same
period. The SNPRM also proposed that
recipients could use other means, such
a disparity studies or goals developed
by other recipients serving the same
area, as a basis for [heir goals.
Each of [he three proposed
alternatives received some support,
though this was often the rather tepid
endorsement of commenters who felt
that one or another alternative was the
Federal Register/Vol. 64, No. 21/Tuesday. February 2, 1999/Rules and Regulations 5109
best of a bad lot. Non-DBE contractors
often claimed that the alternatives
would unfairly increase goals, while -
DBE contractors often claimed that the
same proposals would unfairly decrease
goals.
Commenters said that data Cor
determining the denominators of the
equations in Alternatives 1 and 2, as
well as [he numerator in Alternative 2,
did not exist and that it would be a
major, time-consumingjob to begin to
obtain the data. Adaptation of existing
information From other sources (e.g..
Census data) was said to have
significant statistical ditTiculties. The
difficulty of getting data on out-of-state
firms was emphasized in some
comments.
Commenters looked on the
alternatives as cumbersome, creating
unreasonable administrative burdens,
and as producing statistical results that
were skewed in various ways. The use
of DBE directories as the source of the
numerator in Alternative I was
criticized on the basis that directories
may contain Firms that never actually
participate in DOT-assisted contracts. 1[
was suggested [hat the number of firms
bidding rather than the number of firms
certified would be a more reliable guide.
but it was also pointed out that, because
suhcontractors seldom formally bid for
work, this data would be hard to obtain.
Some commenters proposed adding
overall population statistics [o the mix.
A significant number of
commenters-primarily non-DBE
contractors, but including some
recipients and other commenters as
well-emphasized the need to take
"capacity" into account. Most popular
among these comments was using a
capacity version of Alternative 3. These
comments did no[ propose a method of
determining the capacity oC the firms
contracting with the recipient.
The Final Rule
In view of the complexity and
importance of the goal setting process
and the many issues raised by
commenters, the Department has
decided [o adopt a two step process for
goal setting. The process is intended [o
provide the maximum Flexibility for
recipients while ensuring that goals are
based on the availability of ready,
willing and able DBEs in each
recipient s relevant market. The
Department believes that this approach
is critical to meeting our constitutional
obligation to ensure that the program is
narrowly tailored to remedy the effects
of discrimination. The first step of the
process will be to create a baseline
figure for the relative availability of
ready, willing and able DBEs in each
recipient's market. The second step will
be to make adjustments from the base
figure, relying on an examination of
additional evidence, past experience.
local expertise and anticipated changes
In DOT-assisted contracting over the
coming year.
Step I: Determining a Base Figure for
the Overall Coal
The base figure is intended to be a
measurement of the current percentage
of ready. willing and able businesses
that are DBEs. Ensuring [hat this figure
is based on demonstrable evidence of
each recipient's relevant market
conditions will help to ensure that the
program remains narrowly tailored. To
be explicit, recipients cannot simply use
the 10 percent national goal, their goal
from the previous year, or their DBE
participation level from the previous
year as their base figure. Instead, all
recipients must take an actual
measurement of their marketplace,
using the best evidence they have
available, and derive a base figure that
is as fair and accurate a representation
as possible of the percentage of available
businesses that are DBEs.
There are many different ways to
measure the contracting market and
assess the relative availability of DBEs.
As discussed above. [he SNPRM
proposed three alternate formulas [o
measure relative availability, none of
which were particularly popular with
commenters. In this final rule, the
Department is placing primary emphasis
on the principles underlying [he
measurement, mandating only that a
measurement of the relative availability
of DBEs be made on the basis of
demonstrable evidence of relevant
market conditions, rather than requiring
that any particular procedure or formula
be used. The final rule contains a
number of examples of how to create a
base Figure which recipients are free to
adopt in their entirety or to use as
guidelines for how to devise their own
measurement.
There are several reasons we have
taken [his approach. First, [he
Department is aware of the differences
in available data in various markets
across the nation. The Flexibility
inherent in this approach wilt ensure
that all recipients can use the procedure
to set a reasonable goal and allow each
recipient to use the best data available
to it. As discussed in another section,
[his Ivle will also provide for [he
development of more standard data for
future goal setting. Second, for many
recipients, setting goals in this way will
be a new exercise. By fixing only the
basic principle, but allowing the
methodology to change, recipients will
have the opportunity to fine tune the
process each year as their experience
grows and [he data available to them
improve. Finally, the rule makes sure
that every recipient will have at least
one reasonable and practical goal setting
method available to them.
The first example for setting a base
figure relies on data sources that are
immediately available to all recipients:
their DBE directories, and a Census
Bureau database that DOT and the
Census Bureau will make available to all
recipients that wish to use it. This
example has its roots in the first two
goal setting formulas proposed in the
SNPRM. Recipients would first assess
the number of ready, willing and able
DBEs based on their own directories.
For some recipients this will be as
simple as counting [he number of firms
in their directory. For others.
particularly [hose using directories
maintained by other agencies, the
directories will have to be "filtered" for
firms involved in transportation
contracting. The resulting number of
DDEs would become the numerator. The
denominator would then be derived
from the Census Bureau's County
Business Pattern (CBP) database. We
will provide user-friendly electronic
access to the database via the Internet to
allow recipients to input the geographic
area and SIC codes in which [hey
contract and receive a number for the
availability of all businesses.
There are several issues [hat must be
addressed when comparing numbers
derived from two different data sources.
some of which were raised in the
comments on the SNPRM. Recipients
will need to ensure that the scope of
businesses included in the numerator is
as close as passible to the scope
Included in the denominator. Using as
close as possible to the same SIC codes
and geographic base is very important.
A recipient using its own DBE directory.
particularly one that contains only firms
in [he fields in which i[ conVacts, will
still need to determine what fields i[
will use for the denominator when
sorting through the CBP database. The
best way to do this would be to examine
their contracting program and determine
the SIC codes in which they let the
substantial majority of [heir contracts
and subcontracts. The geographic area
used for both the numerator and the
denominator should cover the area from
which the recipient draws the
substantial majority of its contractors.
Whtle it may be sufficient for some state
recipients to use their state borders as
their contracting area, local transit and
airport recipients will rarely have such
an obvious choice. Those recipients will
need to more carefully examine the
5110 Federal Register/Vul. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
geographic area from which they draw
contractors and base their calculation of
both the numerator and denominator of-
the equz[ion on the same zrea.
The Department and the Census
Bureau will make the CBP data available
in a format that gives recipients as much
flexibility as possible to tailor the data
to their contracting programs.
Recipients will be able to extract [he
data in one block for all of the SIC codes
they expect to contract in, or by
individual SIC codes, allowing them to
weight the relative availability of DBEs
in various fields, giving more weight to
the (fields In which they spend more
money. For example, let us assume a
recipient estimates that it will expend
10% of its federal aid funds within SIC
code 16, 40°/n in S[C code I6. 26°/n in
SIC code 17, and the remaining 26% on
contracting spread over SIC codes 07. 42
and 87. The recipient could separately
determine the relative availability of
DBEs for each of the three major
construction SIC codes (i.e., l5, 16 and
I7) and the relative availability of DBEs
in the other three SIC codes grouped
together and weight each according [o
the amount of money to be spent In each
area. In this example, the recipient
could calculate its weighted base (figure
by first determining [he number of DBEs
in its directory for each of the groups,
then extracting the availability of CBP
businesses for the same groups. Il would
then perform the following calculation
to arrive at a base figure for step one of
the goal setting process:
Base _ 10 (DBEs in SIC IS) + 40 (DBEs in 16) + 25 (DBEs in 17) + 25 (DBEs in 07,42,87) x 100
Figure - CBPs in SIC IS CBPs in 16 CBPs in 17 CBPs in 07,42,87 ]
As has been stated generally, this
formula is offered only as an example of
a way that a recipient could choose to
use the CBP database. Recipients using
the CBP data should choose whether to
weight their calculation, and whether to
do so by individual SIC codes or by
groups of SIC codes, based on their own
assessment of what method will best fit
their spending pattern.)
Finally, [here is still [he question of
the propriety of comparing data from
two sources as different as DBE
directories and the CBP. As mentioned
above, some commenters asserted that
the directories may contain firms that
do not normally perform DOT-assisted
contracts. This problem is greatest, of
course, for directories maintained by
other agencies for purposes beyond
DOT-assisted contracting. We believe
that the recipient's knowledge of its
contracting needs and [he contents of its
DBE directory will allow it to solve this
problem by sorting the directories by
SIC code to extract only the firms likely
to be interested in DOT-assisted
contracting. Any remaining effect from
DBEs that are certified in the relevant
SIC codes but still do not intend to
compete for DOT-assisted contracts will
be more than offset by the hurdles
involved in actually becoming a DBE. It
is important to note here that [he
certification process itself, with Its
paperwork, review and on-site
inspection, create a filter on the number
of existing firms that will be counted in
the numerator without there being any
equivalent filter culling firms out of the
denominator. Ultimately. the
Department chose these two data
sources for the example because; while
they may not be perfect, they represent
' While It is not sta[isnrally necessary to account
(or 100%of program dollars when performing this
type of weighting. the greater [he percentage
accounted for. the mare accurate the resulting
calculatl°n will be.
the best universally available current
data on both the presence of DBEs and
[he presence of all businesses in local
markets. Any recipient that believes it
has available to i[ better sources of local
data from which to make a similar
calculation for its base figure is
encouraged to use them,
The second example for calculating a
base figure is using a bidders list [o
determine the relative availability of
DBEs. The concept is similar [o the one
described above. The recipient would
divide the number of available ready.
willing and able DBEs by the number for
all firms. The difference is that instead
of measuring availability by DBE
certifications and Census data, the
recipient would measure availability by
the number of firms that have directly
participated in, or attempted to
participate In, DOT-assisted contracting
in the recent past. This approach has its
roots in Alternative 3 from the SNPRM.
Of fundamental Importance to this
approach is that [he recipient would
need to include all firms that have
sought DOT-assisted contracts,
regardless of whether they did so by
bidding on a prime contract or quoting
ajob as a subcontractor. Because most
DOT recipients derive [he substantial
majority of their DBE participation
through subcontracting, it is absolutely
essential that all DBE and non-DBE
flans that quote subcontracts be
included in the bidders list. Bidders
lists are a very focussed measure of
ready, willing and able firms because
they filter the pool of available firms by
requiring a demonstration of their
ability to participate in the process
through tracking and identifying
eTo prevent any confusion. it Is imponant to note
that the DBE program does no[ use the so~called
"benchmarktng" system employed Indirect Federal
pmcurement. The benchmarking system relies on a
unique database created speci0cally for use in the
federal procurement program.
contracting opportunities.
understanding [he requirements of a
particular job and assembling a bid For
it. Another attractive feature of the
bidding "filter" is that i[ applies equally
to both DBEs and non-DBEs.
The third example included in the
final rule for setting a base figure is
using data derived from a disparity
study. As was discussed in the SNPRM,
the Department is not requiring
recipients [o do a disparity study, but is
only making clear that use of disparity
study data by recipients [hat have them
or choose [o conduct them is a valid
means of setting a goal. Disparity
studies generally contain a wide array of
statistical data, as well as anecdotal data
and analysis that can be particularly
useful in [he goal setting process. We
list disparity studies here, not because
they are needed to Justify operating [he
DBE program-Congress has already
established the compelling need for the
DBE program-but because the data a
good disparity study provides can be an
excellent guide for a recipient to use [o
set a narrowly tailored goal.
The Department will not se[ out
specific requirements for what data or
analysis 15 required before a disparity
study can be used for setting a goal,
because we believe that the design and
conduct of the study is best left to the
local officials and the professional
organizations with which they contract
to conduct the studies. Instead, we again
offer simple general principles [hat
should apply to all studies used for goal
setting. Any study data relied on in the
goal setting process should be as recent
as possible and be focussed on the
transportation contracting industry.
When setting the goat, first use the
study's statistical evidence to set a base
figure for the relative availability of
DBEs. Other study information, whether
it is anecdotal data, analysis or
statistical information about related
Federal Register/Vol. 64. No. 21/Tuesday, February 2, 1999/Rules and Regulations 5111
fields, should be included when making
adjustments to the base figure
(discussed in more detail below), but -
not included in the base figure for the
relative availability of DBEs.
The last specific example included in
the rule is using the goal of another
recipient as the base figure For goal
setting. This option was also included
in the SNPRM- It is intended to avoid
duplicative work and to lighten the
burden the goal setting process might
put on smaller recipients. It is important
to note that a recipient could only use
another recipient s goal if it was set in
accordance with this rule and the other
recipient performed similar contracting
in a similar market area. Using another
recipient's approved goal would only
satisfy [he first step of the goal setting
process. It would serve as the base
figure, and could not be used to skip
over step two of the process. The
recipient would need to examine the
same additional evidence it would
otherwise use to determine whether to
adjust its goal from the base figure. as
well as being required [o make
adjustments to account for differences
in its local market or contracting
program.
The final rule also maintains the
option of devising an alternative method
of calculating a base figure For the goal
setting process. Explicitly listing this
option serves to emphasize the point
that the options in the rule are examples
meant as guidelines intended to ensure
maximum Bexibihty for recipients.
Recipients can use this option to take
advantage of their unique expertise or
any unique source of data that they have
that may not be available to other
recipients. The concerned operating
administration will review and approve
the proposals of recipients [hat believe
they can calculate a base figure that will
better reflect their relevant market than
any of the examples provided in this
rule. Approval will be contingent on the
proposals following the same principles
that apply [o any recipienC [he
methodology must be based on
demonstrable data of relevant market
conditions and be designed to reach a
goal [ha[ the recipient would expect
DBEs to achieve in the absence of
discrimination.
Step 2: Adjusting the Base Figure
As alluded to above, measuring the
relative availability of DBEs to derive a
base figure is only the first step of [he
goal setting process. To ensure that [hey
arrive a[ goals that truly and accurately
reflect the participation they would
expect absent the effects of
discrimination, recipients must go
beyond the formulaic measurement of
current availability to account for other
evidence of conditions affecting DBEs.
To accomplish this second step.
recipients must firs[ survey [heir
Jurisdiction to determine what types of
relevant evidence is available to them.
Then, relying on their own knowledge
of their contracting markets they must
review [he evidence [o determine
whether either an up or down
adjustment Erom the base figure is
needed.
One universally available form of
evidence that all recipients should
consider is the proven capacity of DBEs
to perform work on DOT-assisted
contracts. All recipients have been
tracking and reporting the dollar volume
of work that is contracted and
subcontracted to DBEs each year.
Viewed in isolation, the past
achievements of DBEs do not reject [he
availability of DBEs relative to all
available businesses, but it is an
important and current measure of the
ability of DBEs to perform on DOT-
assisted contracts.
Though no[ universally available,
there are hundreds of existing disparity
studies that contain a wealth of
statistical and anecdotal evidence on [he
utilization of disadvantaged businesses.
In addition to being a possible source of
data for Step 1 of [he goal setting
process. disparity studies should be
considered during Step 2 of the process.
The base figure from Step l is intended
to determine the relative availability of
DBEs. The data and analysis In a
disparity study can help a recipient
determine whether those existing
businesses are under- or over-utilized. If
a recipient has a study with disparity
ratios showing that existing DBEs are
receiving significantly less work than
expected, an upward adjustment from
the base figure is called for. Similarly.
if the disparity ratio shows
overutilization, adownward adjustment
to the base figure would be warranted.
The anecdotal evidence and analysis of
contracting requirements and conditions
that may have a discriminatory Impact
on DBFs are also important sources that
should be examined when determining
what adjustment to make to the base
figures Finally, disparity studies [hat
are conducted within a recipient's
Jurisdiction should be examined even if
they were not done specifically for [he
recipient. For example, a state highway
agency may find useful data and
It is important to note Iha[ adjusting the goal is
only par[ of the response a recipient should make
to evidence of dixriminamry bartlers for DBFS. All
recipients have a primary responsibility to ensure
non-dixrlmina[ion In Ihelr progrms and should ac[
aggressively m remove any dixrtminatory harriers
in their programs.
analysis in either a statewide disparity
study covering other agencies or in a
disparity study examining contracting
in a county or city within the state.
If a recipient uses another recipient s
goal as its base figure under Step 1 of
the goal setting process, it will have to
make additional adjustments to ensure
that its final goal is narrowly tailored to
its market and contracting program. For
example. if a local transit or airport
authority adopts a statewide goal as its
base figure, it must determine the extent
that local relative availability of DBEs
differs from the relative availability of
DBEs in the contracting area relied on
by the state. The local recipient would
also need [o examine the differences in
the type of contracting work in its
program and determine whether [here
are significant differences in the relative
availability of DBEs In any fields [ha[
are unique to its program-or unique to
the program of the other recipient.
Similarly, if one local recipient used the
goal of another local recipient in the
same market as its base figure. it would
also need to adjust for differences in the
contracting fields used by the two
programs.
Finally, the rule contains a brief list
of other types of data a recipient could
consider when adjusting its base figure
[o arrive at an overall goal. The list is
by no means intended to be exhaustive.
Instead, i[ is mean[ as a guide to the
types of information a recipient should
look For in Step 2 of the goal setting
process. There is a wide array oC
relevant local, regional and national
information about the utilization of
disadvantaged businesses. Recipients
are encouraged to cast as wide a net as
they can to carefully examine their
contracting programs and the public and
private markets in which [hey operate.
Additional Coal Sertlng Issues
The Department proposed, in both the
1992 NPRM and the 1997 SNPRM, that
overall goals be calculated as a
percentage of DOT funds a recipient
expects to expend in DOT-assisted
contracts. This is different from the
existing pan 23 rule, which asked
recipients to set overall goals on the
basis of all funds, including state and
local funds. [o be expended in DOT-
assisted contracts. This change is far
accounting and administrative
convenience and is not intended to have
a substantive effect on [he program.
While not the subject of many
comments, those who did comment on
the proposal favored the change. The
final rule adopts this approach.
A few recipients commented that
public participation concerning goal
setting was bothersome. Nevertheless,
5112 Federal Register/Vol. 64, No. 2l/Tuesday. February 'l. 1999/Rules and Regulations
we view It as an essential part of the
goal setting process. There are many
stakeholders involved in setting goals.
and it is reasonable [hat [hey should be
involved in [he process and have an
opportunity for comment. The par[ 23
provision requiring getting a state
governor's approval of a goal of less
than 10 percent has been eliminated,
both because overall goals are no longer
tied to the national !0 percent goal and
[o reduce administrative burdens.
The goal setting provision of the final
rule continues to direct recipients to set
one annual overall goal for DBEs, rather
than group-specific goals separating
minority and women-owned businesses
Section 26.47 Can Recipients Be
Penalized for Failing To Meet Overall
Goals?
This is a new section of the
regulation, the purpose of which is to
clarify the Department s views on the
situations in which i[ is appropriate to
impose sanctions on recipients with
respect to goals. The provision states
explicitly what has long been [he
Department's policy: no recipient is
sanctioned, or found in noncompliance,
simply because it fails to meet its
overall goal. In fact, through [he history
of the DBE program, the Department
never has sanctioned a recipient for
falling to obtain a particular amount of
DBE participation.
On the other hand. If a recipient fails
to se[ an overall goal which the
concerned operating administration
approves, or fails to operate its program
in good faith toward the objective of
meeting the goal, it is subject to a
finding of noncompliance and possible
sanctions. For example, if a recipient
refuses to establish a goal or, having
established one, does little or nothing to
work toward attaining it, 1[ would be
reasonable for the Department to find
the recipient in noncompliance. Like all
compliance provisions of the rule. this
provision is subJect [o the "court order"
exception recently created by statute
(see § 26.101(6)).
Section 26.49 How Are Overall Goals
Established for Transit Vehicle
Manulac[urers?
This provision basically continues in
effect the existing transit vehicle
manufacturer (TVM) provisions of the
tole. The SNPRM proposed to change
[he existing rule in two respects. FHWA
or FAA recipients could avail
themselves of similar provisions, if they
chose. The final rule retains this
Flexibility. Also, it was proposed that
FTA, rather than manufacturers, would
set TVM goals. The few comments we
received on this section objected to the
latter change. Consequently, we will not
adopt the proposed change and wilt
continue to require the TVMs
themselves [o set their own goals based
on the principles outlined in § 26.45 of
this rule.
Section 26.51 What Means Do
Recipients Use To Meet Overall Goals?
One of the key points of both the
SNPRM and this final rule is that, in
meeting overall goals, recipients have to
give priority to race-neutral means. By
race-neutral means (a term which, for
purposes of this rule, includes gender
neutrality), we mean outreach, technical
assistance, procurement process
modification, etc.-measures which can
be used to increase opportunities for a(I
small businesses. not just DBEs, and do
not involve setting specific goals for the
use of DBEs on individual contracts.
Contract goals, on [he other hand. are
race-conscious measures.
In the context of these definitions. it
is important to note that awards of
contracts to DBEs are not necessarily
race-conscious actions. Whenever a DBE
receives a prime contract because it is
the lowest responsible bidder, the
resulting DBE participation was
achieved through race-neutral means.
Similarly, when a DBE receives a
subcontract on a project that does not
have a contract goal, its participation
was also achieved through race-neutral
means. Finally, even on protects that do
carry contract goals, when a prime
awards a particular subcontract to a DBE
because it has proven in the past [ha[ it
does the best or quickest work, or
because i[ submitted the lowest quote.
the resulting DBE participation has, in
fact, been achieved through race-neutral
means. We also note that the use of race-
neu[ral measures (e.g., outreach,
technical assistance) specifically [o
increase the participation of DBEs does
not convert these measures into race-
conscious measures.
A number of non-DBE contractors
commented that race-neutral measures
should not only be given priority, but
must be tried and fail before any use of
contract goals can occur. This, they
asserted, is essential for a program to be
narrowly tailored. The law on this point
is fairly clear, and does not support the
commenters' contention. The extent to
which race-neutral alternatives were
considered and deemed inadequate to
remedy the problem is [he relevant
narcow tailoring question. Both in past
legislation and when considering TEA-
21, Congress did consider race-neutral
altematives. In fact, as described above,
throughout the debate. Member after
Member gave examples of how state and
local race-neutral programs without
goals fail to overcome the
discriminatory barriers that face DBEs.
Congress' careful consideration and
conclusion that race-neutral means are
insufficient, buttressed by this rule's
emphasis on achieving as much of the
goal as possible through race-neutral
means, satisfies this part of the narcow
tailoring requirement.
No one opposed [he use of race-
neutral means, though a number of
DBEs and recipients stressed that these
means, standing alone, were insufficient
to address discrimination and its effects.
Most recipients and non-DBE
contractors supported [he use of race-
neutral measures, though some
recipients said that increased use of
these measures would require
additional resources.
The relationship between race-
conscious and race-neutral measures in
the final rule is very important. The
recipient establishes an overall goal.
The recipient estimates, in advance,
what part of [ha[ goal it can meet
through the use of race-neutral means.
This projection, and the basis for it,
would be provided to the concemed
operating administration at the same
time as the overall goal. and is subject
to OA approval.
The requirement of [he rule is that the
recipient get the maximum feasible DBE
participation through race-neutral
means. The recipient uses race-
conscious measures (e.g., sets contract
goals) to get the remainder of the DBE
participation it needs [o meet [he overall
goal. If the recipient expects to be able
to meet its entire overall goal through
race-neutral means, it could, with OA
approval, implement its program
without any use of contract goals.
For example, suppose Recipient X
establishes an 11 percent overall goal for
Fiscal Year 2000. This is the amount of
DBE participation that X has determined
it would have if the playing field were
level. Recipient X projects that, using a
combination of race-neutral means, it
can achieve 5 percent DBE
participation. Recipient X then sets
contract goals on some of its contracts
throughout [he year to bring in an
additional 6 percent DBE participation.
Recipients would keep data separately
on the DBE participation obtained
through those contracts that either did
or did not involve the use of contract
goals. Recipients would use this and
other data to adjust their use of race-
neutral means and contract goals during
the remainder of the year and in Future
years. For example, if Recipient X
projected being able to attain 5 percent
DBE participation through race-neutral
measures, but was only able [o obtain l
percent From the race-neutral measures
Federal Register/Vol. 64, No. 2I/'Cucsday, February 2, 1999/Rules and Regulations 5113
it used, Recipient X would increase its
future use of contract goals. On the
other hand. if Recipient X exceeded its -
prediction that i[ would get 5 percent
DBE participation from race-neutral
measures and actually obtained 10
percent DBE participation from the
contracts on which there were no
contract goals, it would reduce its future
use of convact goals. A recipient that
was consistently able to meet its overall
goal using only race-neutral measures
would never need to use contract goals.
Most recipients and non-DBE
contractors agreed with the SNPRM's
proposal that (contrary to the par[ 23
provision on this subject) contract goals
not be required on all contracts. This
provision is retained in the final rule.
We believe that this provision provides
recipients the ability to achieve the
objective of a narrowly tailored
program. The rule also reiterates that the
contract goal need not be set at the same
level as the overall goal. To express this
more clearly, let us return to the above
example of Recipient X. Ius[ because
Recipient X has an overall goal of I 1
percent, it does not have to set a
contract goal on each contract. Nor does
it have to establish an 1 I percent goal
on each contract on which it does set a
contract goal. Indeed, since X has
projected that it can achieve almost half
of its overall goal through race-neutral
means, it would most likely set contract
goals on some contracts but not on
othecs. On contracts with a contract
goal, the goal might be 4 percent one
time, l8 percent another time, 9 percent
another time, depending on the actual
work involved in each contract, the
location of the work and the
subcontracting opportunities available.
The idea is for X to set contract goals
that, cumulatively over the year, bring
in 6 percent DBE participation. which,
added [o the 5 percent participation X
projects achieving from race-neutral
measures, ends up meeting the 1 I
percent overall goal.
The SNPRM asked for comment on
evaluation credits as an additional race-
conscious measure that recipients could
use to meet overall goals. The vast
majority of the many comments on thLs
subject opposed [he use of evaluation
credits, on both legal (e.g.. as contrary
to narrow tailoring) and policy (e.g., as
confusing and subjective) grounds. A
smaller number of commenters favored
at least giving recipients discretion to
use this tool. While the Department
does not agree with the contention that
evaluation credits are legally suspect,
we do agree with much of the sentiment
against using them in the DBE program,
particularly the practical difficulties
they might involve when applied to
subcontracting (which constitutes the
main source of DBE participation in the
program). As a result, the final rule does
not contain an evaluation credits
provision.
The SNPRM proposed certain
mechanisms for determining when it
was appropriate to ratchet back the use
of contract goals. Most commenters said
[hey found these particular mechanisms
complicated and confusing. The
Department believes [hat, as a matter of
narrow tailoring, it is important to have
concrete mechanisms in place to ensure
that race-conscious measures like
contract goals are used only [o the
extent necessary to ensure a level
playing field. The final rule contains
examples of four such mechanisms.
The first mechanism applies to a
situation in which a recipient estimates
that it can meet its overall goal
exclusively through the use of race-
neutral goals. In this case, the recipient
simply does not se[ contract goals
during the year. The second mechanism
takes this approach one step further. If
the recipient meets its overall goal two
years in a row using only race-neutral
measures, the recipient continues to use
only race-neutral measures in future
years, without having to project each
year how much of its overall goal it
anticipates meeting through race-neutral
and race-conscious means. respectively.
However, if in any year the recipient
does not meet its overall goal, [he
recipient must make the projection for
the following year, using race-conscious
means as needed [o meet [he goal.
The third mechanism applies to
recipients who exceed [heir overall
goals for two years in a row while using
contract goals. In the third year, when
setting their overall goal and making
their projection of the amount of DBE
participation they will achieve through
race-neutral means, they would
determine the average percentage by
which they exceeded their overall goals
in [he two previous years. They would
then use that percentage to reduce their
reliance on contract goals in the coming
year, as noted in the regulatory text
example. The rationale for [his
reduction is [hat the recipient s overall
goal represents its best estimation of the
participation level expected for DBEs in
the absence of discrimination. By
exceeding that goal consistently, the
recipient may be relying too heavily on
race-conscious measures. Scaling back
the use of contract goals-while keeping
careful track of DBE participation rates
on projects without contract goals-will
ensure that the recipient s DBE program
remains narrowly tailored to
overcoming the continuing effects of
discrimination.
The Fourth mechanism operates
within a given year. If a recipient
determines part way through the year
[hat it will exceed (or fall short of) Its
overall goal, and it is using contract
goals during that year, it would scale
back its use of contract goals (or
increase it use of race-neutral means
and/or contract goals) during the
remainder of [he year to ensure [ha[ it
is using an appropriate balance of
means to meet its "level playing field"
ob'ectives.
here were also a number of
comments on how contract goals should
be expressed. Most favored continuing
the existing practice of adding together
the Federal and local shares of a
contract and expressing the contract
goal as a percentage of the sum because
it works well and avoids confusion. A
Cew comments Cavored expressing
contract goals as a percentage of only
the Federal share of a contract.
Ultimately, we believe that it is not
necessary for the Department to dictate
which method to use. Recipients may
continue [o use whichever method [hey
feel works best and allows them to
accurately track the participation of
DBEs In their program. Recipients need
only ensure that they are consistent and
clearly express the method they are
using, and report to the Department the
total Federal aid dollars spent and the
federal aid dollars spent with DBEs.
As a last note on this topic, FAA
recipients are reminded that funds
derived from passenger facility charges
(PFCs) are not covered by this part and
should not be counted as part of the
Federal share in any goal calculation. If
a recipient chooses to express its
contract goals as a percentage of the
combined Federal and local share, it
may include the PFC funds as part of
the local share.
Section 26.53 What Are the Cood
Faith Erfons Procedures Reciptents
Follow to SltuaUons Where There Are
Contract Coals?
There was little disagreement about
the main point of this section. When a
recipient sets a contract goal, the basic
obligation of bidders is to make good
faith efforts (GFE) to meet it. They can
demonstrate these efforts in either of
two ways, which are equally valid. First,
they can meet the goal, by documenting
that they have obtained commitments
For enough DBE participation [o meet
the goal. Second, even though they have
not me[ [he goal, they can document
that [hey have made good faith efforts to
do so. The Department emphasizes
strongly that [his requirement is an
important and serious one. A refusal by
a recipient to accept valid showings of
5114 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
good faith is not acceptable under this
rule.
Appendix A discusses in greater
detail the kinds of good faith efforts
bidders are expected to make. There was
a good deal of comment concerning its
contents. Non-minority contractors
recited that good faith efforts standards
should be "objective, measurable,
realistically achievable, and
standardized." Not one of these
comments provided any examples or
.suggestions of what "objective,
measurable, realistically achievable, and
standardized" standards would look
like, however Certainly cone-size-fi[s-
allchecklist is neither desirable nor
possible. What constitutes a showing of
adequate good faith efforts in a
particular procurement is an
intrinsically fact-specific judgment that
recipients must make. Circumstances of
procurements vary widely, and GFE
determinations must Fit each individual
situation as closely as ossible.
The proposed good faith efforts
appendix suggested that one of the
Factors recipients could take into
account is the behavior of bidders other
than the apparent successful bidder. For
example. if the latter Failed to meet the
contract goal, but other bidders did, that
could suggest that the apparent
successful bidder had no[ exerted
sufficient efforts to get DBE
participation. Recipients who
commented on [his issue favored the
concept: non-DBE contractors opposed
it. The final Wile's Appendix A makes
clear that recipients are not to use a
"conclusive presumption" approach. In
which [he apparent successful bidder is
summarily found to have failed [o make
good faith efforts simply because
another bidder was able to meet the
goal. However, the track record of other
bidders can be a relevant factor in a GFE
determination, in more than one way. If
other bidders have met the goal, and the
apparent successful bidder has not, this
at least raises the question of whether
the apparent successful bidder's efforts
were adequate. It does not, by itself,
prove that the apparent successful
bidder did not make a good faith effort
to get DBE participation, however. On
the other hand. iF the apparent
successful bidder-even if it failed to
meet the goal-got as much or more
DBE participation than other bidders,
then this fact would support the
apparent successful bidder's showing of
CFE. The revised Appendix makes these
points.
The proposed good faith efforts
appendix also expanded on language in
part 23 concerning price-based
decisions by prime contractors. The
existing language provides that a
recipient can use, as evidence of a
bidder's failure to make good faith
efforts, the recipient's rejection of a DBE
subcontractor's "reasonable price" offer.
The SNPRM added that a recipient
could set a price differential from 1-IO
percent to evaluate bidders' efforts. If a
bidder did not meet the goal and
rejected a DBE offer within the range.
[he recipient could view [he bidder as
not making good faith efforts. This was
an attempt to provide additional,
quantified, guidance to recipients on
this issue.
Comment was mixed on [his issue.
Non-DBE prime contractors generally
opposed the price differential idea.
saying that it encouraged deviations
from the traditional low bid system. It
should be noted, however, that
subcontracts are typically awarded
outside any formal low bid system.
Some recipients thought that it was a
bad idea to designate a range. because
it would limit their discretion, while
others liked the additional definiteness
of the range. Most recipients supported
the "reasonable price" concept in
general, even if they had their doubts
about the value of a range. Some DBE
organizations Favored the range
approach.
Taking all the comments into
consideration, [he Department has
decided [o retain language similar to
[hat of par[ 23, without reference to any
specific range. Appendix A now
provides that the fact that some
additional costs may be involved in
finding and using DBEs is not in itself
sufficient reason for a bidder's failure to
meet a DBE contract goal. as long as
such costs are reasonable. Along with
this emphasis on the reasonableness of
the cost necessarily comes the fact [hat
prime contractors are not expected to
bear unreasonable costs. The availability
of a good faith efforts waiver of the
contract goal helps [o ensure that a
prime contractor will not be in a
position where it has to accept an
excessive or unreasonable bid from a
DBE subcontractor. At the same Ume.
any burden that anon-DBE
subcontractor might face is also limited
by the reasonableness of competing.
bids. This approach retains Flexibility
for recipients while avoiding the
concerns commenters expressed about a
particular range.
The SNPRM proposed that recipients
would have to provide for an
administrative review of decisions [hat
a bidder's GFE showing was inadequate.
The purpose of the provision was to
ensure that recipients did not arbitrarily
dismiss bidders' attempts [o show that
they made good faith efforts. The
provision was meant to emphasize the
seriousness with which the Department
takes the GFE requirement and to help
respond to allegations that some
recipients administered [he program in
a quota-like fashion. The SNPRM also
asked whether such a mechanism
should be operated entirely by the
recipient or whether a committee
including representatives of DBE and
non-DBE contractors should be
involved.
A number of recipients, and a few
contractors, opposed the idea on the
basis of concern about administrative
burdens on recipients and potential
delays in the procurement process. A
greater number of commenters, largely
non-DBE contractors but also including
recipients and DBEs, supported the
proposal as ensuring greater fairness in
the process. A significant majority of all
commenters said that the recipient
should operate the system on its own,
because a committee would make the
process more cumbersome and raise
conFlict of interest issues.
The Department will adopt this
proposal, which should add to the
fairness of the system and make
allegations of de facto quota operations
less likely. The Department intends that
reconsideration be administered by
recipients. The regulation does no[ call
for a committee involving non-recipient
personnel. The Department intends that
the process be informal and timely. The
recipient could ensure that the process
be completed within a brief period (e.g.,
5-10 days) to minimize any potential
delay in procurements. The bidder
would have an opportunity to meet with
the reconsideration official, but a formal
hearing is not required. To ensure
fairness, the reconsideration official
must be someone who did not
participate in the original decision to
reJect the bidder's showing. The
recipient would have to provide a
written decision on reconsideration, but
[here would be no provision for
administrative appeals to DOT.
A point raised by several non-DBE
commenters was that DBEs should have
to make good faith efforts (even when
they were not acting as prime
contractors). The commenters suggested
things like providing capacity
statements and documenting that they
have bid on contracts. This point is
unrelated to the subject of this section,
which has to do with what efforts
bidders for prime contracts have to
make to show that they have made to
obtain DBE subcontractors. It is difficult
to see what purpose the additional
paperwork burdens these commenters'
requests would serve.
One of the most hotly debated issues
among commenters was whether DBE
Federal Register/Vol. 64, No. Zl/Tuesday, February 2, 1999/Rules and Regulations 5115
firms bidding on prime contracts should
have to meet goals and make good faith
efforts to employ DBE subcontractors.
Under part 23, DBE prime contractors
did not have to meet goals or make good
faith efforts. The rationale For this
position was that, as DBEs. I00 percent
of the work of these contractors counted
toward recipients' contract goals, which
the firms automatically met.
A significant majority of commenters
on this issue-particularly non-DBE
contractors but also including some
recipients and a few DBEs-argued that
DBE primes should meet goals and
make GFE the same as other contractors.
Failing [o do so, they said. went beyond
providing a level playing field to the
point of providing an unfair advantage
for DBE bidders for prime contracts.
This change would also increase
opportunities For DBE subcontractors.
they said. One comment suggested
requiring DBE prime contractors to meet
goals or make GFE, but stressed that
work they performed with their own
forces as well as work awarded to DBE
subcontractors should count toward
goals.
Supporters of the current system said
that many prime contracts performed by
DBEs are too small to permit
subcontracting (of course, goals need be
set only on contracts with
subcontracting possibilities). Moreover.
these commenters-mostly DBEs and
recipients-said that there was already
inequity as between DBEs and non-
DBFs, and requiring DBEs [o meet the
same requirements simply maintained
the inequity. There was also some
support for a third option the
Department included in the SNPRM, in
which DBEs would have to meet goals
and make GFE to the extent [hat work
they proposed to perform with their
own forces was insufficient to meet
goals.
The Department believes that, in a
rule aimed at providing a level playing
field for DBEs, i[ is appropriate to
impose the same requirements on all
bidders for prime contracts.
Consequently, par[ 26 will depart from
the part 23 approach and require DBE
prime contractors to meet goals and
make good faith efforts on the same
basis as other prime contractors.
However, in recognition of the DBE
bidders' status as DBEs, we will permit
them to count toward goals the work
that [hey commit to performing with
[heir own forces, as well as [he work
that they commit to be performed by
DBE subcontractors. DBE bidders on
prime contracts will be expected to
make the same outreach efforts as other
bidders and to document good faith
efforts in situations where they do not
fully meet contract goals.
Under part 23 and the SNPRM,
recipients have a choice between
handling bidder compliance with
contract goals and good faith efforts
requirements as a matter of
responsiveness or responsibility. Some
recipients and other contractors
recounted successful experience with
one approach or the other, and
suggested reasons why everyone should
follow each approach (e.g.,
responsiveness as a deterrent to bid-
shopping: responsibility as a more
Bexible and cost-effective approach).
Both approaches have their merits, and
the Department believes the best course
is to maintain the existing recipient
discretion on [his issue.
Some recipients use so-called
"design-build" or "turnkey" contracts,
in which the design and construction of
an entire project is contracted out to a
master contractor. The master contractor
then lets subcontracts, which are often
equivalent to the prime contracts that
the recipient would let if it were
designing and building the project
directly. In a sense, the master
contractor stands in the shoes of the
recipient.
On design-build contracts, the normal
process for setting contract goals does
not fit the contract award process well.
At the time of the award of the master
convact, neither the recipient nor the
master contractor knows in detail what
the project will look like or exactly what
contracting opportunities there will be,
let alone [he identity of DBEs who may
subsequently be involved.ln these
situations. the recipient may alter the
normal process, setting a project goal to
which the master contractor commits.
Later, when the master contractor is
letting subcontracts, it will set contract
goals as appropriate, standing in the
shoes of the recipient. The recipient will
exercise oversight of this process.
The final issue in this section has to
do with replacement of DBEs that drop
out of a contract. What actions, if any,
should a prime contractor have to take
when a DBE is unable to complete a
subcontract, for whatever reason?
Should it matter whether or not the
DBE's participation Is needed to achieve
the prime contractor's goal?
Comment on this issue came mostly
from recipients, with some non-DBE
contractors and a few DBEs providing
their views. A majority of the
commenters believed that replacement
of a fallen-away DBE with another DBE
(or making a good faith effort toward
that end) should be required only when
needed to ensure that the prime
contractor continued to meet its contract
goal. Others said that, since using DBEs
to which the prime had committed at
the time of award was a contractual
requirement, replacement or good faith
efforts should be required regardless of
[he prime's ability to meet the goal
without the lost DBE's participation.
The Department believes that, in a
narrowly tailored rule. it is not
appropriate to require DBE participation
at a level exceeding that needed to
ensure a level playing field.
Consequently, we will require a prime
contractor to replace afallen-away DBE
(or to demonstrate that it has made good
Faith efforts toward that end) only to the
extent needed to ensure that the prime
contractor is able to achieve the contract
goal established by the recipient for the
procurement. The Department will also
retain the SNPRM provision-supported
by most commenters who mentioned
it-[hat a prime contractor may not
terminate a DBE firm for convenience
and [hen perform the work with its own
forces without the recipient's written
consent. This provision is intended to
prevent abuse of the program by a prime
contractor who would commit to using
a DBE and [hen bump the DBE off [he
project in favor of doing [he work itself.
Seclton 26.55 How Is DBE Participation
Counted Toward Coals?
In a narrowly tailored program. it Is
important that DBE credit be awarded
only for work actually being performed
by DBEs themselves. The necessary
implication of this principle is that
when a DBE prime convactor or
subcontractor subcontracts work to
another firm, the work counts toward
DBE goals only if the other firm is itself
a DBE. This represents a change from
the existing rule and the SNPRM, which
said [ha[ all [he work of a DBE's contract
(implicitly including work
subcontracted to non-DBEs) counts
toward goals. A few comments urged
such a change. The new language is also
consistent with [he way that the final
rule veats goals For DBE prime
contractors.
The value of work performed by DBEs
themselves is deemed to include the
cost of materials and supplies
purchased, and equipment leased, by
the DBE from non-DBE sources. For
example, if a DBE steel erection firm
buys steel from anon-DBE
manufacturer. or leases a crane from a
non-DBE conswction fine, these costs
count [owazd DBE goals. There is one
exception: if a DBE subcontractor buys
supplies or leases equipment from the
prime contractor on its contract, these
costs do not count toward DBE goals.
Several comments From prime
contractors suggested these costs should
5116 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
count, but this situation is too
problematic, in our view, from an
independence and commercially useful
Function (CUF) point of view to permit
DBE credit.
One of the most difficult issues in this
section concerns how to count DBE
credit for the services of DBE trucking
firms. The SNPRM proposed that, to be
performing a CUF, a DBE trucking firm
had to own 50 percent of the trucks it
used in connection with a contract. A
number of comments said that this
requirement was out of step with
industry practice, which commonly
involves companies leasing trucks from
owner-operators and other sources for
purposes of a project. In response to
these comments, the Department
revisited this issue and reviewed the
trucking CUF policies of a number of
states. The resulting provision requires
DBEs to have overall control of trucking
operations and own at least one truck.
but permits leasing from a variety of
sources under controlled conditions.
with varying consequences for DBE
credit awarded.
A DBE need not provide all the trucks
on a contract to receive credit for
transportation services, but it must
control the trucking operations for
which it seeks credit It must have at
least one truck and driver of its own. but
it can lease the trucks of others, both
DBEs and non-DBEs, including owner
operators. For work done with its own
trucks and drivers, and for work with
DBE lessees, the firm receives credit for
all transportation services provided. For
work done with non-DBE lessees, the
firm gets credit only for the fees or
commissions it receives for arranging
the transportation services. since the
services themselves are being performed
by non-DBEs.
When we say that a DBE firm must
own at least one of the trucks it uses on
a contract, we intend for recipients to
have a certain amount of discretion for
handling unexpected circumstances,
beyond the control of [he firm. For
example. suppose firm X starts the
contract with one truck it owns. The
truck is disabled by an accident or
mechanical problem part way through
the contract. Recipients need not
conclude that the firm has ceased to
perform a commercially useful function.
Most commenters who addressed [he
issue agreed with the SNPRM proposal
that a DBE does not perform a CUF
unless if performs a[ least 30 percent of
the work of a contract with its own
forces (a few commenters suggested 50
percent). This provision has been
retained. A commenter suggested that
the use of two-party checks by a DBE
and another firm should not
automatically preclude [here being a
CUF. While we do not believe it is
necessary to include rule text language
on ibis point, we agree with the
commenter. As long as the other party
acts solely as a guarantor, and the funds
do not come from the other party. we do
not object to [his practice where it is a
commonly-recognized way of doing
business. Recipients who accept this
practice should monitor its use closely
to avoid abuse.
One commenter noted an apparent
inconsistency between counting 100
percent of the value of materials and
supplies used by a DBE construction
contractor (e.g.. in the context of a
furnish and install contract) and
counting only 60 percent of the value of
goods obtained by a non-DBE contractor
from a DBE regular dealer. The two
situations are treated differently, but
there is a policy reason for the
difference. There is a continuing
concern in the program that, if non-
DBEs are able to meet DBE goals readily
by doing nothing more than obtaining
supplies made by non-DBE
manufacturers through DBE regular
dealers, the non-DBEs will be less likely
to hire DBE subcontractors for other
purposes. As a policy matter, the
Department does not want to reduce
incentives to use DBE subcontractors, so
we have not permitted 100 percent
credit for supplies in [his situation.
Giving l00 percent credit for materials
and supplies when a DBE convactor
performs a furnish and install contract
does not create the same type of
disincentive. so the policy concern does
not apply. In our experience, the 60
percent credit has been an effective
incentive for the use of DBE regular
dealers, so those firms are not unduly
burdened.
Section 26.61 How Are Burdens of
Proof Allocated in the CerUTicaUon
Process?
This section, which states a
"preponderance of evidence" standard
for applicants' demonstration [o
recipients concerning group
membership, ownership, control, and
business size, received favorable
comment from all commenters who
addressed it. We are retaining It with
only one change, a reference to the fact
that, in the final rule, recipients will
collect Information concerning the
economic status of prospective DBE
owners.
Section 26.63 What Rules Covern
Croup Membership Determinations?
There were several comments on
details of this provision. One
commenter suggested that tribal
registration be used as an identifier for
Native Americans. The suggestion Is
consistent with long-standing DOT
guidance; however this section of [he
regulation is meant to set out general
rules applicable to all determinations of
group membership, not to enumerate
means of making the determination for
specific groups. The same commenter
suggested that if someone knowingly
misrepresents himself as a group
member, he should no[ be given further
consideration For eligibility.
Misrepresentation of any kind on an
application is a serious matter. Indeed,
misrepresen[aton of material facts in an
application can be grounds for
debarment or even criminal
prosecution. While it would certainly be
appropriate for recipients to take action
against someone who so misrepresented
himself, the regulatory text on group
membership is not the place to make a
general point about the consequences of
misrepresentation.
Some commenters wanted further
definition of what "a long period of
time" means. We believe i[ would be
counterproductive to designate a
number of years that would apply in all
cases, since circumstances are likely to
differ. The point is to avoid
"certification conversions" in which an
individual suddenly discovers, not long
before the application process, ancestry
or culture with which he previously has
had little Involvement.
We are adopting the SNPRM
provision without substantive change.
Section 26.65 Wha[ Rules Covern
Business Size Determinations?
By statute, the Department is
mandated to apply SBA small business
size standards to determining whether a
firth is a small business. The
Department is also mandated to apply
the statutory size cap ($16.6 million in
the current legislation, which the
Department adjusts for inflation from
time to dme). Consequently, the
Department cannot adopt the variety of
comments we received to adjust size
standards or the gross ceceipts cap to
take differences among industries or
regions into account. We are adopting
the proposed language, using the new
statutory gross receipts cap. As under
part 23, a firth must fit under both the
relevant SBA size standard and the
generally applicable DOT statutory cap
to be eligible for certification.
A few commenters asked for
additional guidance for situations in
which a firth is working in more than
one SIC code, and the SBA size
standards for [he different SIC codes are
different. First, size determinations are
made for the firm as a whole, not for one
Federal Register/Vol. 69. No. 2l/Tuesday, February 2, 1999/Rules and Regulations 5117
division or another. Second, suppose
the size of Firm X (e.g., determined
through looking at the firm's gross
receipts) is $5 million, and X is seeking
certification as a DBE in SIC code yyyy
and zzzz, whose SBA small business
size standards are $3.5 and $7 million,
respectively. Firm X would be a small
business that could be certified as a
DBE, and that could receive DBE credit
toward goals, in SIC code zzzz but not
in SIC code yyyy. This approach to the
issue of differing standards being
involved with the same firm fits in well
with the general requirement of part 26
that certification be for work in
particular SIC codes.
Section 26.67 Wha[ Rules Determine
Social and Economic Disadvantage?
The statutes governing the DBE
program continue to state that members
of certain designated groups are
presumed to be both socially and
economically disadvantaged. Therefore,
the Department is not adopting
comments suggesting that one or both of
the presumptions be eliminated from
[he DBE rule. While the rule does
specify that applicants who are
members of the designated groups do
have to submit a signed certification
that they are, in fact, socially and
economically disadvantaged, this
requirement should not be read as
making simple "self-certification"
sufficient to establish disadvantage. As
has been the case since the beginning of
the DBE program, the presumptions of
social and economic disadvantage are
rebuttable.
The Department is making an
important change in this provision in
response [o comments about how to
rebut the presumption of economic
disadvantage. Recipient comments
unanimously Bald that recipients should
collect Financial information, such as
statements of personal net worth (PNW)
and income tax returns, in order to
determine whether [he presumption of
economic disadvantage really applies to
individual applicants. Particularly in
the context of a narowly tailored
program. in which it is important to
ensure that the benefits are focussed on
genuinely disadvantaged people (not
just anyone who is a member of a
designated group), we believe that these
comments have merit. While charges by
opponents of the program that
fabulously wealthy persons could
readily participate under part 23 have
been exceedingly hyperbolic and
inaccurate (e.g., references to the Sultan
of Brunei as a potential DBE). i[ is
appropriate to give recipients this tool
to make sure that non-disadvantaged
persons do not participate.
For this reason, part 26 requires
recipients to obtain a signed and
notarized statement of personal net
worth from all persons who claim to
own and control a firm applying for
DBE certification and whose ownership
and control are relied upon for DBE
certification. These statements must be
accompanied by appropriate supporting
documentation (e.g., tax returns. where
relevant). The rule does not prescribe
the exact supporting documentation that
should be provided, and recipients
should strive for a good balance
between the need For thorough
examination of applicants' PNW and the
need to limit paperwork burdens on
applicants. For reasons of avoiding a
retroactive paperwork burden on firms
that are now certified. the rule does not
require recipients to obtain this
Information from currently certified
firms. These firms would submit the
information the next time they apply for
renewal or recertification. The final
rule's provisions on calculating personal
net worth are derived directly from SBA
regulations on this subject (see 13 CFR
§ 124.104(c)(2), as amended on ]one 30.
1998).
One of the primary concerns of DBE
firms commenting about submitting
personal financial information Is
ensuring that the Information remains
confidential. [n response [o [his
concern, the rule explicitly requires that
this material be kept confidential. II may
be provided to a third party only with
the written consent of [he individual to
whom [he information pertains. This
provision is specifically intended to pre-
empt any contrary application of state or
local law (e.g.. a state freedom of
information act that might be
interpreted to require a state
transportation agency to provide [o a
requesting party the personal income
tax return of a DBE applicant who had
provided the return as supporting
documentation for his PNW statement).
There is one exception to this
confidentiality requirement. If there is a
certification appeal in which [he
economic disadvantage of an individual
is at issue (e.g., the recipient has
determined that he or she Is not
economically disadvantaged and the
individual seeks DOT review of the
decision), the personal financial
information would have to be provided
to DOT as part of the administrative
record. The Department would treat the
information as confidential.
Creating a clear and definitive
standard for determining when an
individual has overcome the economic
disadvantage [hat [he DBE program is
meant to remedy has long been a
contentious issue. In 1992. the
Department proposed to use a personal
net worth standard of $750,000 to rebut
the presumption of disadvantage for
members of the designated groups. [n
1997, the Department proposed a
similar idea, though rather than use [he
$750.000 figure, the SNPRM asked the
public for input on what the specific
amount should be. Finally, as discussed
in detail above, the issue of ensuring
that wealthy individuals do not
participate in the DBE program was a
central part of the 1998 Congressional
debate.
Public comment on both proposals
was sharply divided. Roughly equal
numbers of commenters thought
$750,000 was too high as thought it was
too low. Commenters proposed figures
ranging from $250,000 to $2 million.
Others supported the $750,000 level. -
which is based on the SBA's threshold
for participation in the SDB program (it
is also the retention level for the 8(a)
program). One theme running through a
number of comments was that recipients
should have discretion to vary the
threshold depending on such factors as
the local economy or the type of firms
involved. Some comments opposed the
idea of a PNW threshold altogether or
suggested an alternative approach (e.g..
based on Census data about the
distribution of wealth).
Others commented that rebutting the
presumption did not go far enough,
pointing out that the only way to ensure
that wealthy people did not participate
in the program was for the threshold to
act as a complete bar on [he eligibility
of an individual to participate in the
program. Congress appears [o share this
concern. While they differed on the
effectiveness of past DOT efforts, both
proponents and opponents of the
program agreed that preventing the
participation of wealthy individuals was
central to ensuring the constitutionality
of the DBE program.
The Department agrees and, in light of
the comments and the intervening TEA-
2l debate, is adopting the clearest and
most effective standard available: when
an individual's personal net worth
exceeds the $750,000 threshold, the
presumption of economic disadvantage
is conclusively rebutted and the
Individual is no longer eligible to
participate in the DBE program. The
Department is using the $750,000 figure
because it is a well established and
effective part of [he SBA programs and
is a reasonable middle ground in view
of the wide range of commend calling
for higher or lower thresholds. Using a
figure any lower, as some commenters
noted, could penalize success and make
growth for DBEs difficult (since, for
example, banks and insurers frequently
5118 Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations
look to the personal assets of small
business owners in making lending and
bonding decisions). Operating the -
[hreshold as a cap on eligibility for all
applicants also serves to treat men and
women. minorities and non-minorities
equally.
When a recipient determines, from
the PNW statement and supporting
information, [hat an individual's
personal net worth exceeds $750,000.
the recipient must deem [he
individual's presumption of economic
disadvantage to have been conclusively
rebutted. No hearing or other
proceeding is called for in this case.
When this happens in the course of an
application for DBE eligibility, [he
certification process for the applicant
firm stops, unless other socially and
economically disadvantaged owners can
account For the required 51 percent
ownership and control. A recipient
cannot count the participation of the
owner whose presumption of economic
disadvantage has been conclusively
rebutted toward the ownership and
control requirements for DBE eligibility.
There may be other situations in
which a recipient has a reasonable basis
(e.g., from information in its own files,
as the result of a complaint from a third
party) for believing that an individual
who benefits From the statutory
presumptions is not really socially and/
or economically disadvantaged. In these
cases, the recipient may begin a
proceeding to rebut the presumptions.
For example, if a recipient had reason
to believe that the owner of a currently-
certified fir'rrr had accumulated personal
assets well in excess of $750.000, it
might begin such a proceeding. The
recipient has the burden of proving, by
a preponderance ofevidence. that the
individual is not disadvantaged.
However, the recipient may require the
individual to produce relevant
information.
It is possible that, at some time in the
future. SBA may consider changing the
$750.000 cap amount. The Department
anticipates working closely with SBA
on any such matter and seeking
comment on any potential changes [o
this rule that would be coordinated with
changes SBA proposes far Federal
procurement programs in this area.
Under part 23, recipients had to
accept 8(a)-certified firms (except for
those who exceeded the statutory gross
receipts cap). The SNPRM proposed
some modifications of this requirement.
Recipients were concerned that in some
situations information used for 8(a)
certification could be inaccurate or out
of date. They noted differences between
8(a) and DBE certification standards and
procedures. They asked for the ability to
look behind 8(a) certifications and make
their own certification decisions.
In response to these comments, the
Deparunen[ is providing greater
discretion to recipients. Under part 26,
recipients can treat 8(a) certifications as
they do certifications made by other
DOT recipients. A recipient can accept
such a certification in lieu of conducting
its own certification process or it can
require the firm to go through part or all
of its own application process. Because
SBA is beginning a certification process
for firms participating in the small and
disadvantaged business (SDB) program.
we will treat certified SDB firms in [he
same way. If an SDB firm is certified by
SBA or an organization recognized by
SBA as a certifying authority, a recipient
may accept this certification instead of
doing its own certification. (This does
not apply to firms whose participation
in the SDB program is based on a self-
certification.) We note [hat this way of
handling SBA program certifications is
in the context of the development by
DOT recipients of uniform certification
programs. ]Fa unified certification
program (UCP) accepts a firm's 8(a) oc
8(d) certification, then the firm will be
certified for all DOT recipients in the
state.
People who are not presumed socially
and economically disadvantaged can
still apply for DBE certification. To do
so. [hey must demonstrate to the
recipient that they are disadvantaged as
individuals. Using the guidance
provided in Appendix E, recipients
must make case-by-case decisions
concerning such applications. II should
be emphasized that the DBE program is
a disadvantage-based program. not one
limited to members of certain
designated groups. For this reason,
recipients must take these applications
seriously and consider them fairly. The
applicant has the burden of proof
concerning disadvantage, however.
Sectlon 26.69 Wha[ Rules Covern
Determinations of Ownership?
Commenters on the ownership
provisions of the SNPRM addressed a
variety of points. Most commenters
agreed that the general burden of proof
on applicants should be the
preponderance of the evidence. A few
commenters thought that this burden
should also apply in situations where a
firm was formerly owned by a non-
disadvantaged individual. For some of
these situations, the SNPRM proposed
the higher "clear and convincing
evidence" standard, because of the
heightened opportunities for abuse
involved. The Department believes this
safeguard is necessary,~and we will
retain the higher standard in these
situations.
Commenters asked for more guidance
in evaluating claims that a contribution
of expertise from disadvantaged owners
should count toward the required 5l
percent ownership. They cited the
potential for abuse. The Department
believes that there may be
circumstances in which expertise can be
legitimately counted toward the
ownership requirement. For example,
suppose someone with a great deal of
expertise in acomputer-related field.
without whom the success of his or her
high-tech start-up business would no[
be feasible. receives substantial capital
from anon-disadvantaged source.
We have modified [he final rule
provision to reflect anumber of
considerations. Situations in which
expertise must be recognized for Ihis
purpose are limited. The expertise must
be outstanding and in a specialized
field: everyday experience in
administration, construction, or a
professional field is unlikely to meet
this test. (This is not a "sweat equity"
provision.) We believe that i[ is Fair [ha[
[he critical expertise of this individual
be recognized in terms of the ownership
determination. At [he same time, the
individual must have a significant
financial stake In the company. This
program Focuses on entrepreneurial
activity. not simply expertise. While we
will not designate a specific percentage
of ownership that such an individual
must have, entrepreneurship without a
reasonable degree of financial risk is
inconceivable.
The SNPRM's proposals on how to
treat assets obtained through
inheritance. divorce, and gifts were
somewhat controversial. Most
comments agreed with the proposal that
assets acquired through death or divorce
be counted. One commenter objected to
the provision that such assets always be
counted, saying [hat the owner should
have to make an additional
demonstration [ha[ it truly owned [he
assets before the recipient counted
[hem. We do not see the point of such
an additional showing. If a white male
business owner dies, and his widow
inherits the business, the assets are
clearly hers, and the deceased husband
will play no further role in operating the
firm. Likewise, assets a woman obtains
through a divorce settlement are
unquestionably hers. Absent a term of a
divorce settlement or decree [hat limits
the customary incidents of ownership of
the assets or business (a contingency for
which the proposed provision
provided), there Is no problem for
which an additional showing of some
Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations 5119
sort by the owner would be a useful
remedy.
A majority oC comments on the issue -
of gifts opposed the SNPRM proposal,
saying that gifts should not be counted
toward ownership at all. The main
reason was that allowing gifts would
make it easier for fronts to infiltrate the
program. Some comments also had a
flavor of opposition to counting what
commenters saw as unearned assets.
The Department understands these
concerns. If anon-disadvantaged
individual who provides a gift is no
longer connected with [he business, or
a disadvantaged individual makes [he
gift, the issue of the firm being a
potential front is much reduced. Where
a non-disadvantaged individual makes a
gift and remains involved with the
business. the concern about potential
fronts is greater.
For this reason, the SNPRM erected a
presumption that assets acquired by gift
in this situation would not count. The
applicant could overcome this
presumption only by showing, through
clear and convincing evidence-a high
standard of proof-that the transfer was
not for the purpose of gaining DBE
certification and that the disadvantaged
owner really controls the company. This
provides effective safeguards against
fraud. without going [o the unfair
extreme of creating a conclusive
presumption that all gifts are
illegitimate. Also, for purposes of
ownership, all assets are created equal.
If the money chat one invests in a
company is really one's own, it does not
matter whether it comes from the sweat
of one's brow, a bank loan, a gift or
inheritance, or hitting the lottery. As
long as there are sufficient safeguards in
place to protect against fronts-and we
believe the rule provides them-the
origin of the assets is unimportant. We
are adopting the proposed provisions
without change.
Commenters were divided about how
to handle marital property, especially in
community property states. Some
commenters believed that such assets
should not be counted at all. This was
based, In part. on the concern that
allowing such assets to be counted
could make it difficult to screen out
in[erspousal gifts designed to se[ up
fronts, even if irrevocable transfers of
assets were made. Other commenters
said they thought the proposal was
appropriate. and some of these thought
the requirement for irrevocable transfers
was unfair.
The Department is adopting the
proposed language. [n a community
property state, or elsewhere where
property is jointly held between
spouses. the wife has a legal interest in
a portion of [he property. IL is really
hers. It would be inappropriate to treat
this genuine property interest as if it did
not exist for purposes of DBE
ownership.
To ensure the Integrity of the
program, it is necessary to put
safeguards in place. The regulation does
so. First, recipients would not count
more assets toward DBE ownership than
state law treats as belonging to [he wife
(the final rule provision adds language
to this effect). Second, the irrevocable
transfer requirement prevents the
husband from being in a position to
continue to claim any ownership rights
in the assets. If an irtevocable transfer
of assets constitutes a gift from anon-
disadvantaged spouse who remains
involved in the business, then the
presumption/clear and convincing
evidence mechanism discussed above
for gifts would apply to the transaction.
If recipients in community property
states wanted to establish a mechanism
for allocating assets between spouses
that was consistent with state law, but
did not require court involvement or
other more formal procedures, they
could propose doing so as part of their
DBE programs, subject to operating
administration approval.
Most commenters supported the
SNPRM's proposal concerning [rusts,
particularly the distinction drawn
between revocable living and
irrevocable trusts. One commenter
favored counting revocable living trusts
when the same disadvantaged
individual is both [he grantor and
beneficiary. The Department believes
there is merit in making this exception.
If the same disadvantaged individual is
grantor, beneficiary, and trustee (i.e., an
individual puts his own money in a
revocable living trust for tax planning or
other legitimate purposes and he alone
plays the roles of grantor, beneficiary.
and trustee), the situation seems
indistinguishable for DBE program
purposes from the situation of the same
individual controlling his assets without
the [rust. In all other situations.
revocable living trusts would not count.
Some comments asked for
clarification of the 51 percent
ownership requirement. a subject on
which [he Department has received a
number of questions over the years. The
Department has clarified this
requirement, with respect to
corporations, by stating that socially and
economically disadvantaged individuals
must own 51 percent of each class of
voting stock of a corporation, as well as
51 percent of the aggregate stock. A
similar point applies to partnerships
and limited liability companies. This
latter type of company was not
mentioned in the SNPRM, but a
commenter specifically requested
clarification concerning i[. (We have
also noted, in § 26.83, that limited
liability companies must report changes
in management responsibility to
recipients. This is intended to include
situations where management
responsibility is rotated among
members.) These clarifications are
consistent with SBA regulations.
There are some ownership issues (e.g.,
concerning stock options and
distribution of dividends) that SBA
addresses in some detail in its
regulations (see 13 CFR § 124.105 (c),
(e), (f)) that were not the subject of
comments to the DOT SNPRM. These
issues have not been prominent in DOT
certification practice, to the best of our
knowledge, so we are not adding them
to the rule. However. we would use the
SBA provisions as guidance in the event
such issues arise.
Section 26.7] What Rules Govern
Determinations Concerning Control?
Commenters generally agreed with the
proposed provisions conceming
expertise and delegation of
responsibilities. 51 percent control of
voting stock, and differences in
remuneration. A few commenters
expressed concern about having to make
judgments concerning expertise.
However. [his expertise standard, as a
matter of interpretatlon, has been part of
the DBE program since the mid-1980s.
We do no[ believe [hat articulating it in
the regulatory text should cause
problems, and we believe it is a very
reasonable and understandable
approach to expertise issues. The
provision concerning 51 percent
ownership of voting stock. as discussed
above. has been relocated in [he
ownership section of the rule. The
Department has added three useful
clarifications of the general requirement
that disadvantaged owners must control
the firm (e.g., by serving as president or
CEO, controlling a corporate board).
These clarifications are based on SBA's
regulations (see 13 CFR § 124.I06(a)(2).
(b), (d)(1)). The Department intends to
use other material in 13 CFR § 124.106
as guidance on control matters, when
applicable. Otherwtse, the Department
is adopting these provisions as
proposed.
There was some concern about the
proposal concerning licensing. Some
recipients though[ that it would be
better [o require a license as proof of
control in the case of all licensed
occupations. We do not think it is
justifiable for the DBE program to
require more than state law does. If state
law allows someone to run a certain
5120 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
type of business (e.g., electrical
contractors. engineers) without
personally having a license in that
occupation, then we do not think it is
appropriate for the recipient to refuse to
consider that someone without a license
may be able to control the business. The
rule is very explicit in saying that the
recipient can consider the presence or
absence of a license in determining
whether someone really has sufficient
ability to control a firm.
Family-owned firms have long been a
concern in the program. The SNPRM
provided explicitly that if the threads of
control in a family-run business cannot
be disentangled, such that the recipient
can specifically find that a woman or
other disadvantaged individual
independently controls the business, the
recipient may not certify the firm. A
business that is controlled by [he family
as a group. as distinct from controlled
individually by disadvantaged
individuals. is not eligible.
Notwithstanding this provision, a few
recipients commented [hat certifying
any businesses in which non-
disadvantaged family members
participate would open the program to
fronts. We do not agree. Non-
disadvantaged individuals can
participate in any DBE film, as long as
disadvantaged individuals control the
firm. It is not Fair and does not achieve
any reasonable program objective to say
that an unrelated white male may
perform functions in a DBE while the
owner's brother may never do so.
Commenters generally supported [he
provision calling for recipients to certify
firms only for types of work in which
disadvantaged owners had the ability to
control the firm's operations. One
commenter suggested that recipients.
while not requiring recertification of
firms seeking to perform additional
types of work as DBEs (e.g., work in
other than their primary industrial
classification), should have [o approve a
written request from firms in this
position. We do believe it is necessary
for recipients to verify that
disadvantaged owners can control work
in an additional area, and we have
added language to this effect. Recipients
will have discretion about how to
administer this verification process.
Commenters asked for additional
clarification about the eligibility of
people who work only part-time in a
firm. We have done so by adding
examples of situations that do not lead
to eligibility (part-time Involvement in a
full-time firm and absentee ownership)
and a situation that may, depending on
circumstances, be compatible with
eligibility (running apart-time firm all
the time it is operating). It should be
noted that this provision does not
preclude someone running aFull-time
firm from having outside employment.
Outside employment is incompatible
with eligibility only when it interferes
with the Individual's ability to control
the DBE firm on a full-time basis.
One commenter brought to the
Department s attention the situation of
DBFs who use "empluyee leasing
companies." According to the
commenter, employee leasing
companies fill a number of
administrative functions for employers.
such as payroll, personnel, forwarding
of taxes to governmental entities, and
drug testing. Typically, the employees
of the underlying firm are transferred to
the payroll of [he employee leasing firm,
which in turn leases them back to the
underlying employer. The underlying
employer continues to hire, fire, train,
assign, direct, control etc. the employees
with respect to their on-the-job duties.
While the employee leasing firm sends
payments to the IRS, Social Security,
and state tax authorities on behalf of the
underlying employer, it is the latter who
is remains responsible for paying the
taxes.
For practical and legal purposes, [he
underlying employer retains an
employer-employee relationship with
the leased employees. The employee
leasing company does not get involved
in the operations of the underlying
employer. in this situation, the use of an
employee leasing company by a DBE
does not preclude the DBE from meeting
the control requirements of [his rule.
Nor does the employee leasing company
become an affiliate of the DBE for
business size purposes. Case-by-case
judgement, of course, remains
necessary. Should an employee leasing
company in fact exercise control over
the on-the-job activities of employees of
the DBE, then the ability of the DBE to
meet control requirements would be
compromised.
One commenter said, as a general
matter, that Independence and control
should be considered separately. We
view independence as an aspect of
control: If a firm is not independent of
some other business, then [he other
firm, not the disadvantaged owners,
exercise control. While independence is
an aspect of control that recipients must
review, we do no[ see any benefit in
separating consideration of the two
concepts.
A recent court decision (/ack Wood
Construction Co., Inc. v. US.
Department of Transportatlon, 12 F.
Supp. 2d 25 (D.D.C., 1998)) overturned
a DOT Office of Civil Rights certification
appeal decision that upheld a denial of
certification based on lack of control.
The court, reading existing part 23
closely, said that anon-disadvantaged
individual who was an employee, but
not an owner, of a firm could
disproportionately control the affairs of
a firm without making i[ ineligible. The
court also said that the existing rule
language did not make it necessary for
a disadvantaged owner to have both
technical and managerial competence to
control a firm. Part 26 solves both
problems that the court found to exist in
part 23's control provisions (see
Section 26.73 What Are Other Rules
Affecting Certification?
There were relatively few comments
on this section. One commenter
disagreed with the proposal to continue
[he provision that a firm owned by a
DBE firm, rather than by socially and
economically disadvantaged
individuals, was not eligible. The
argument against this provision, as we
understand it, is that precluding a DBE
firm from being owned by. for example.
a holding company that is in rum
owned by disadvantaged Individuals
would deny those individuals a
financing and tax planning toot
available to other businesses.
This argument has merit in some
circumstances. The purpose of the DBE
program is to help create a level playing
field for DBEs. It would be inconsistent
with the program's intent to deny DBEs
a financial tool that is generally
available to other businesses. The
Department will allow [his exception.
Recipients must be careful, however, to
ensure that certifying a firm under this
exception does not have the etFect of
allowing the firm, or its parent
company. to evade any of the
requirements or restrictions of the
certification process. The arrangement
must be consistent with local business
practices and must no[ have the effect
of diluting actual ownership by
disadvantaged individuals below the S I
percent requirement. All other
certification requirements, including
control by disadvantaged individuals
and size limits, would continue to
apply.
Another commenter suggested a firm
should not be certified as a DBE if its
owners have interests in non-DBE
businesses. We believe [hat a per se rule
to this effect would be too draconian. If
owners of aDBE-whether
disadvantaged individuals or not-also
have interests in other businesses, [he
recipient can look at the relationships
among the businesses to determine if
the DBE is really independent.
One commenter opposed basing
certification on the present status of
Federal Register/Vol. 64. No. 21/Tuesday, February 2, 1999/Rules and Regulations 5121
firms, seeking discretion to deny
certification based on [he history of [he
firm. We believe there is no rational or -
Iegal basis for denying certification to a
firm on the basis of what it was in the
past. Is it a small business presently
owned and controlled by socially and
economically disadvantaged
individuals? If so, it would be contrary
to the statute, and to the intent of the
program, to deny certification because at
some time-perhaps years-in the past,
it was not owned and controlled by
such individuals. The rule specifies that
recipients may consider whether a firm
has engaged in a pattern of conduct
evincing an intent to evade or subvert
the program.
The final provision of this section
concerns firms owned by Alaska Native
Corporations (ANCs). Indian tribes, and
Native Hawaiian Organizations. Like the
NPRM, it provides that firms owned by
these entities can be eligible DBEs. even
though their ownership does not reside,
as such, in disadvantaged individuals.
These firms must meet [he size
standards applicable to other firms,
including affiliation (lest large
combinations of tribal or ANC-owned
corporations put other DBEs at a strong
competitive disadvantage). Also, they
must be controlled by socially and
economically disadvantaged
individuals. For example. if a tribe or
ANC owns a company, but its daily
business operations are controlled by a
non-disadvantaged white male, the firm
would not be eligible.
Commenters pointed us to the
following provision of the Alaska Native
Claims Settlement Act (ANCSA):
(e) Minority and economically
disadvantaged status-
(1) For all purposes of Federal law. a
Native Corporation shall be considered to be
a corporation owned and controlled by
Natives and a minority and economically
disadvantaged business enteiprtse if the
Settlement Common Stock of the corporation
and other stock of [he corporation held by
holders of Settlement Common Stock and by
Natives and descendants of Natives,
represents a majodty of both the total equity
of [he corporation and [he total voting power
of [he corporation for the purposes of electing
directors.
(2) For all purposes of Federal law, direct
and indirect subsidiary corpora[ions.joint
ventures, and partnerships of a Native
Corporation qualifying pursuant to paragraph
(1) shall be considered to be entities owned
and controlled by Natives and a minority and
economically disadvantaged business
enterprise if the shares of stack or other units
of ownership interest in any such entity held
by such Native Corporation and by the
holders of its Settlement Common Stock
represent a majority of both-
(A) The total equity of the subsidiary
corporation,Joint venture. or partnership:
and
(R) The total voting power of the subsidiary
corporation. Joint venture. or partnership for
the purpose of electing directors, the general
partner. or principal officers. (43 U.S.C.
1626(e)).
The question for the Department is
whether, reading this language together
with the language of the Department s
DBE statutes, DOT must alter these
provisions.
The DOT DBE statute (TEA-21
version) provides as follows:
(b) Disadvantaged Business Enterprises.-
(p General rule-Except to the extent [hat
the Secretary determines otherwise, no[ less
than 10 percent of the amounts made
available for any program under titles I, Ill,
and V of this Act shall be expended with
small business concerns owned and
controlled by socially and economically
disadvantaged individuals.
(2) Definitions.-In this subsection. the
following definitions apply:
(A) Small business concern.-The term
"small business concern" has the meaning
such term has under section 3 of the Small
Business Ac[ (15 U.S.C. 632); except that
such term shall not include any concern or
group of concerns controlled by the same
socially and economically disadvantaged
Individual or individuals which has average
annual gross receipts over [he preceding 3
fiscal years in excess of S 16.600,000, as
adjusted by the Secretary for inflation.
(B) Socially and economically
disadvantaged individuals.-The term
"socially and economically disadvantaged
individuals" has the meaning such term has
under section 8(d) of [he Small Business Act
(15 U.S.C. 637(d)) and relevant
subcontracting regulations promulgated
pursuant thereto; except that women shall be
presumed to be socially and economically
disadvantaged individuals for purposes of
[his subsection.
(4) Uniform certification.-The Secretary
shall establish minimum unlfonn criteria for
State governments to use in certifying
whether a concern qualifies for purposes of
this subsection. Such minimum uniform
criteria shall include but not be limited to on-
si[e visits. personal Interviews. licenses.
analysis of stack ownership, lis[Ing of
equipment. analysis of bonding capaUty.
listing of work completed, resume of
principal owners, ilnancial capacity, and
type of work preferred.
While the language § 1626(e) is broad.
the terms used in the two statutes are
not identical. Section I626(e) refers to
"minority and economically
disadvantaged business enterprises[",
while the Department's statutes refer to
"small business concerns owned and
controlled by socially and economically
disadvantaged individuals."
Requirements applicable to the former
need no[ necessarily apply to the latter.
The legislative history of § i626(e)
lends support [o distinguishing the two
statutes. The following excerpt from
House Report 102-673 suggests [hat the
intent of Congress in enacting [his
provision was to focus on direct Federal
procurement programs:
[The sta[utel amends section h626(e)~ of
ANCSA to clarify that Alaska Native
Corporations are minority and economically
disadvantaged business enterprises for the
purposes of implementing the SBA programs
• ' 'This section would futther clarify that
Alaska Native Corporations and their
subsidiary companies are minority and
economically disadvantaged business
enterprises for purposes of qualifying for
participation in federal contracting and
subcontracting programs, the largest of which
include the SBA 8(a) program and the
Department of Defense Small and
Disadvantaged Business Program. These
programs were established to increase [he
participation of certain segments of the
population that have historically been denied
access to Federal procurement activities.
While this section eliminates the need for
Alaska Native Cotporadons or their
subsidiaries to prove their "economic"
disadvantage the corporations would still be
required to meet size requirements a5 small
businesses. This will continue to be
determined on a case-by-case basis. (Id. a[
I9.)
This statute, in other words. was meant
to apply to direct Federal procurement
programs like [he B(a) program or the
DOD SBD program, rather than a
program involving state and local
procurements reimbursed by DOT
financial assistance.
The TEA-21 program is a more
recent, more specific statute governing
DOT recipients' programs. In contrast.
the older. more general section I626(e)
evinces no specific intent to govern the
DOT DBE program. There is no evidence
that Congress, in enacting section
1626(e), had any awareness of or intent
to alter the DOT DBE program.
A number of provisions of the TEA-
21 statute suggest that Congress
intended to impose specific
requirements for the DOT program,
without regard to other more general
statutory references. For example. the
$ I6.6 million size tap and the uniform
certification requirements suggest that
Congress wanted the eligibility for the
DOT program to be determined in very
specific ways, giving no hint [hat they
intended these specific requirements to
be overridden in the case of ANCs.
The Department concludes that
section 1626(e) is distinguishable from
[he DOT DBE statutes, and that the latter
govern the implementaUOn of the DBE
program. The Department is not
compelled to alter its approach to
certification in the case of ANCs.
5122 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
Section 26.81 What Are the
Requirements for Unified Certification
Programs?
As was the case following the 1992
NPRM, a significant majority of the large
number of commenters addressing the
issue Favored implementing the
proposed UCP requirement, which the
final rule retains largely as proposed. A
few commenters suggested that airports
be included in UCPs for concession
purposes as well as (or FAA-assisted
contracting, because there are not any
significant differences between the
certification standards for
concessionaires and contractors (the
only exception is size standards, which
are easy to apply). We agree, and the
final rule does not make an exception
for concessions (regardless of [he CFR
part in which the concessions
provisions appear). Some commenters
wanted either a longer or shorter
implementation period than the SNPRM
proposed, but we believe the proposal is
a good middle ground between the goal
of establishing UCPs as soon as possible
and the time recipients will need to
resolve organizational, operational, and
funding issues.
There were a number of comments
and questions about details of the UCP
provision. One recipient wondered
whether a UCP may or must be separate
from a recipient and what [he legal
liability implications of various
arrangements might be. As far as the
rule is concerned. a UCP can either be
situated within a recipient's
organization or elsewhere. Recipients
can take state law concerning liability
into account in determining how best to
structure a UCP in their state. Another
recipient asked if existing UCPs could
be exempted from submitting plans for
approval. Rather than being exempted.
we believe that it would be appropriate
for such UCPs to submit their existing
plans. They would have to change them
only [o the extent needed to conform to
the requirements of the rule.
Some commenters asked about the
relationship of UCPs to recipients. For
example. should a recipient be able to
certify a firm that the UCP had not
certified (or whose application [he UCP
had not yet acted on) or refuse [o
recognize the UCP certification of a firm
the recipient did not think should be
eligible? In both cases, the answer is no.
Allowing [his kind of discretion would
fatally undermine the "one-stop
shopping" rationale of UCPs. However,
a recipient could, like any other party,
initiate athird-party challenge to a UCP
certification action, the result of which
could be appealed to DOT.
We would emphasize that [he (orm of
the UCP Is a matter for negotiation
among DOT recipients in a state, and
[his regulation does not prescribe its
organization. A number o(models are
available, including single state
agencies, consortia of recipients that
hire a contractor or share the workload
among themselves, mandatory
reciprocity among recipients, etc. It
might be conceivable for a UCP to be a
"virtual entity" that is not resident in
any particular location. What matters is
that the UCP meet the functional
requirements of this rule and actually
provide one-stop shopping service to
applicants. The final rule adds a
provision to clarify that UCPs-even
when not part of a recipient's own
organization-must comply with all
provisions of this rule concerning
certification and nondiscrimination.
Recipients cannot use a UCP that does
not do so. For example, iFa UCP fails
to comply with part 26 certification
standards and procedures, or
discriminates against certain applicants.
the Secretary reserves the right to direct
recipients not to use the UCP,
effectively "decertifying" the UCP for
purposes of DOT-assisted programs. In
this case, which we hope will never
happen, the Department would work
with recipients in the state on interim
measures and replacement of the erring
UCP.
The SNPRM proposed "pre-
certification." That is, [he UCP would
have to certify a firm before the firm
became eligible to participate as a DBE
in a contract. The application could not
be submitted as alast-minute request in
connection with a procurement action.
which could lead [o hasty and
inaccurate certification decisions.
Commenters were divided on this issue.
with most expressing doubts about the
concept. The Department believes that
avoiding last-minute (and especially
post-bid opening) applications is
important to an orderly and accurate
certification process. so we are retaining
this requirement. However, we are
modifying the timing of the
requirement, by requiring that
certification take place before the bid/
offer due date. rather than before the
issuance of the solicitation. The
certification action must be completed
by this date in order for the firms
proposed work on the particular
convact to be credited toward DBE
goals. It is not enough for the
application to have been submitted by
the deadline.
The SNPRM proposed that, once
UCPs were up and running, a UCP in
State A would not have to process an
application from a firm whose principal
place of business was in State B unless
State B had first certified the firm. Most
commenters supported this proposal,
one noting [ha[ it would help eliminate
problems of having to make costly out-
of-state site visits. It would also
potentially reduce confusion caused by
multiple. and potentially conflicting,
outcomes in certification decisions. One
commenter was concemed [ha[ this
provision would lead to "free-rider"
problems among recipients. The
Department will be alert to this
possibility, but we do not see it as
precluding going forward with this
provision. We have added a provision
making explicit that when State B has
certified a firm, it would have an
obligation to send copies of the
information and documents it had on
the firm to State A when the firm
applied there.
All save one of the comments on
mandatory reciprocity opposed the
concept. That is. commenters favored
UCPs being able to choose whether or
not to accept certification decisions
made by other UCPs. The Deparvnent
urges UCPs to band together in multi-
state or regional alliances, but we
believe that it is best to leave reciprocity
discretionary. Mandatory reciprocity,
even among UCPs. could lead to forum
shopping problems.
UCPs will have a common directory,
which will have to be maintained in
electronic form (i.e.. on the intemet).
One commenter suggested that this
electronic directory be updated daily.
We think this comment has merit, and
the final rule will require recipients to
keep a tvnning update of the electronic
directory, making changes as they occur.
Section 26.83 What Procedures Do
Recipients Follow in Making
Certlfication Decisions?
Commenters generally supported this
certification process section, and we are
adopting it with only minor changes.
Commenters suggested that provision
for electronic filing of applications be
discretionary rather than mandatory. We
agree, and the final rule does not
mandate development of electronic
filing systems. Some commenters
remained concerned about site visits
and asked for more guidance on the
subject. We intend to provide future
guidance on this subject.
Most commenters who addressed the
subject favored [he development of a
mandatory, nationwide, standard DOT
application form for DBE eligibility. A
number of commenters supplied [he
forms they use as examples. We believe
that this is a good idea, which will help
avoid confusion among applicants in a
nationwide program. However, we have
Federal Register/Vol. 64. No. 2l/Tuesday. February 2, 1999/Rules and Regulations 5123
not yet developed a form for this
purpose. The final rule reserves a
requirement for recipients [o use a -
uniform form. We intend to work on
developing such a form during the next
year, in consultation with recipients and
applicants. Meanwhile, recipients can
continue to use existing forms, modified
as necessary to conform to the
requirements of this part.
The SNPRM said recipients could
charge a reasonable Fee to applicants. A
majority of commenters, both recipients
and DBEs, opposed the idea of a fee or
said it should be capped at a low figure.
Fees are not mandatory, and they would
be limited, under the final rule, to
modest application fees (not intended to
recover the cost of the certification
process). However, if a recipient wants
to charge a modest application fee, we
do no[ see that i[ Is Inconsistent with
[he nature of the program [o allow it to
do so. Fee waivers would be required if
necessary (i.e., a firm who showed they
could not afford it). All tees would have
to be approved by the concerned OA as
part of the DBE program approval
process, which would preclude
excessive fees.
Given that reciprocity is discretionary
among recipients, we thought i[ would
be useful to spell out the options a
recipient has when presented by an
applicant with the information that
another recipient has certified [he firm.
The recipient may accept the other
recipient s certification without any
additional procedures. The recipient
can make an independent decision
based, in whole or in part, on the
Information developed by [he first
recipient (e.g., application forms.
supporting documents. reports of site
visits). The recipient may make the
applicant start an entire new application
process. The choice among these
options is up to the recipient. (As noted
above. UCPs will have these same
options)
Most commenters on the subject
supported the three-year term for
certifications. Some wanted a shorter or
longer period. We believe the three-year
term is appropriate, particularly given
[he safeguards of annual and update
affidavits that the rule provides. In
response to a Few comments that
recipients should have longer than the
proposed 21 days after a change in
circumstances [o submit an update
affidavit, we have extended the period
to 30 days. If recipients want to have a
longer term in [heir DBE programs than
the three years provided in [he rule.
they can do so, with [he Department s
approval, as part of their DBE programs.
A few recipients said that the 90-day
period for making decisions on
applications (with the possibility of a
60-day extension) was too short.
Particularly since this clock does not
begin ticking until a complete
application, including necessary
supporting documentation, is received
from the applicant, we do not think this
time frame is unreasonable. We would
urge recipients and applicants to work
together to resolve minor errors or data
gaps during the assembly of the
package, before this time period begins
[o run.
Section 26.85 What Rules Govern
Recipients' Denials of Initial Requests
for Certification?
A modest number of commenters
addressed this section, most of whom
supported it as proposed. One
commenter noted that it was
appropriate to permit minor errors [o be
corrected in an application without
invoking the l2-month reapplication
waiting period. We agree, and we urge
recipients to follow such a policy. Most
commenters thought 12 months was a
good length for a reapplication period.
A few opposed the idea of a waiting
period or thought a shorter period was
appropriate. The rule keeps 12 months.
but permits recipients to seek DOT
approval, through [he DBE program
review process, for shorter periods.
Section 26.87 Wha[ Procedures Does a
Recipient Use To Remove a DBE's
Eligibility?
As long ago as 1983, the Department
(in [he preamble to the firs[ DBE rule)
strongly urged recipients to use
appropriate due process procedures for
decertification actions. Recipient
procedures are still inconsistent and. in
some cases, inadequate, in this respect.
Quite recently, for example, litigation
forced one recipient to rescind a
decertification of an apparently
ineligible firm because it had failed to
provide administrative due process. We
believe that proper due process
procedures are crucial [o maintaining
the integrity of this program. The
majority of commenters agreed, though
a number of commenters had concerns
about particular provisions of [he
SNPRM proposal.
Some recipients, for example, thought
separation of functions was an
unnecessary requirement. or too
burdensome, particularly for small
recipients. We believe separation of
functions is essential: [here cannot be a
fair proceedsng if the same party acts as
prosecutor and judge. We believe that
the burdens are modes[, particularly in
the context of state DOTS and statewide
UCPs. We acknowledge that for small
recipients. like small airports and transit
authorities, small staffs may create
problems in establishing separation of
functions (e.g.. if there is only one
person in the organization who is
knowledgeable about the DBE program).
For [his reason, the rule will permit
small recipients to comply with this
requirement [o the extent feasible until
UCPs are in operation (at which time
[he UCPs would have to ensure
separation of functions in all such
cases). The organizational scheme for
providing separation of functions will
be part of each recipient s DBE program.
In the case of a small recipient, if the
DBE program showed that other
alternatives (e.g., the airport using the
transit authority's DBE officer as the
decisionmaker in decertification
actions, and vice-versa) were
unavailable, the Department could
approve something less than ideal
separation of functions for the short
term before the UCP becomes
operational. In reviewing certification
appeals from such recipients. the
Department would take into account the
absence of separation of functions.
It is very important that the
decisionmaker be someone who is
familiar with the DBE certification
requirements of this part. The
decisionmaker need not be an
administrative lawjudge or some
similar official: a knowledgeable
program official is preferable to an ALJ
who lacks familiarity with the program.
Another aspect of the due process
requirements [hat commenters
addressed was [he requirement Cor a
record of the hearing, which some
commenters found to be burdensome.
We want to emphasize that, while
recipients have to keep a hearing record
(including a verbatim record of the
hearing), they do not need to produce a
transcript unless there is an appeal. A
hearing record is essential, because DOT
appellate review is a review of the
administrative record.
Some commenters suggested deleting
two provisions. One of these allowed
recipients [o impose a sort of
administrative temporary restraining
order on firms pending a final
decertification decision. The other
allowed the effect of a decertification
decision to be retroactive to the date of
the complaint. The Department agrees
that these two provisions could lead to
unfairness, and so we have deleted
them.
Section 26.89 What !s the Process for
Certification Appeals to the Department
of Transportation?
Several commenters addressed this
section, supporting it with a few
requests for modification. Some
5124 Federal Register/Vol. 64, No. 2l/Tuesday. February 2. 1999/Rules and Regulations
commenters wanted a time limit for
DOT consideration of appeals. We have
added a provision saying that if DOT
takes longer than Igo days From the time
we receive a complete package. we will
write everyone concerned with an
explanation of the delay and a new
target date for completion. Some
commenters thought a different time
limit for appeals to the Department (e.g..
160 days) would be beneficial. We
believe that 90 days is enough time for
someone to decide whether a decision
of a recipient or UCP should be
appealed and write a letter to DOT. This
time period starts to run from the date
of the final recipient decision on the
matter. DOT can accept late-filed
appeals on the basis of a showing of
good cause (e.g.. (actors beyond the
control of the appellant). Some
recipients thought [ha[ more time might
be necessary to compile an
administrative record, so we have
permitted DOT to grant extensions for
good cause. Generally, however, the
Department will adhere to the 90-day
time period in order to prevent delays
in the appeals process. As a
clarification, we have added a provision
that all recipients involved must
provide administrative record material
to DOT when there is an appeal. For
example. State A has relied on the
information gathered by State B to
certify Firm X. A competitor files an
ineligibility complaint with State A.
which decertifies the firm. Fltm X
appeals to the Department. Both State A
and State B must provide their
administrative record materials to DOT
for purposes of the appeal. (The material
would be provided [o the Departmental
Office of Civil Rights.)
Section 26.91 What Actions Do
Recipients Take Following DOT
Certification Appeal Decisions?
There were few comments concerning
this section. Some comments suggested
DOT appeal decisions should have
mandatory nationwide effect. That is if
DOT upheld the decertification action of
Recipient A. Recipients B, C, D, E, etc.
should automatically decertify the Btm.
This approach is inconsistent with the
administrative review of the record
approach Ihls rule takes for appeals to
DOT.
A DOT decision that A's
decertification was supported by
substantial evidence is no[ a DOT
decision [hat the firm is ineligible. I[ is
only a finding that A had enough
evidence to decertify the firm. Other
results might also be supported by
substantial evidence. Nevertheless,
when the Department takes action on an
appeal, other recipients would be well
advised to review their own decisions to
see if any new proceedings are
appropriate. One comment suggested
the Department should explain a refusal
to accept a complaint. This is already
the Department's practice.
The SNPRM included a proposal to
permit direct third-party complaints to
the Department. There were few
comments on [his proposal, which
would have continued an existing DOT
practice. Some of these comments
suggested dropping this provision,
saying it made more sense to have all
certification matters handled at the
recipient level in the first instance.
Others raised procedural issues (e.g., the
possibility of the Department holding de
novo hearings). The Department has
reconsidered this proposal, and we have
decided to delete it. We believe it will
avoid administrative confusion and
simplify procedures for everyone if all
certification actions begin at the
recipient level, with DOT appellate
review on the administrative record.
Subpart F-Compliance and
Enforcement
There were very few comments
concerning this subpart, which we are
adopting as proposed. One section has
been added [o reflect language in TEA-
21 that prohibits sanctions against
recipients for noncompliance in
situations where compliance is
precluded by a final Federal court order
finding the program unconstitutional.
DBE Participation in Airport
Concessions
The Department proposed a number
of changes [o its airport concessions
DBE program rule in the 1997 SNPRM.
We received a substantial number of
comments on these proposals. The
Department is continuing to work on its
responses to these comments, as well as
on refinements of the rule [o ensure that
i[ is narrowly tailored. This work is not
complete. Rather than postpone
issuance of the rest of the rule pending
completion of this work, we are not
issuing final concessions provisions at
this time. The existing concessions
provisions of 49 CFR part 23 will
remain in place pending completion of
the revised rule.
Regulatory Analyses and Notftes
Executive Order ]2866
This rule is a significant rule under
Executive Order 12866, because of the
substantial public interest concerning
and policy importance of programs to
ensure nondiscrimination in Federally-
assisted contracting. It also affects a
wide variety of parties, including
recipients in three important DOT
financial assistance programs and [he
DBE and non-DBE contractors that work
for them. It has been reviewed by the
Office of Management and Budget. It is
also a significant rule for purposes of
the Department's Regulatory Policies
and Procedures.
We do not believe that the rule will
have significant economic impacts.
however. In evaluating the potential
economic impact of this rule, we begin
by noting that it does not create a new
program. It simply revises [he rule
governing an existing program. The
economic impacts of the DBE program
are created by the existing regulation
and the statutes that mandate it, not by
these revisions. The changes that we
propose in this program are likely [o
have some positive economic impacts.
For example, "one-stop shopping" and
clearer standards in certification are
likely [o reduce costs for small
businesses applying for DBE
certification, as well as reducing
administrative burdens on recipients.
The rule's "narrow tailoring changes
are likely to be neutral in terms of their
overall economic impact. These could
have some distributive impacts (e.g., if
the proposed goal-setting mechanism
results in changes in DBE goals. a
different mix of firms may work on
recipients' contracts), but there would
probably not be net gains or losses to the
economy. There could be some short-
term costs to recipients owing to
changes in program administration
resulting from "narrow tailoring,"
however.
In any event, the economic impacts
are quite speculative and appear nearly
Impossible to quantify. Comments did
not provide, and the Department does
no[ have, any significant infonna[ion
that would allow [he Department to
estimate any such impacts.
Regulatory Flexibility Act Analysis
The DBE program is aimed at
improving contracting opportunities for
small businesses owned and controlled
by socially and economically
disadvantaged individuals. Virtually all
the businesses it affects are small
entities. There is no doubt that a DBE
rule always affects a substantial number
of small entities.
This rule, while improving program
administration and facilitating DBE
participation (e.g., by making the
certification process clearer) and
responding to legal developments.
appears essentially cost-neutral with
respect to small entities in general (as
noted above, the one-stop shopping
feature is intended to benefit small
entities seeking to participate). It does
Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations 5125
not impose new burdens or costs on
small entities. compared to the existing
rule. It does not affect the total funds or
business opportunities available to
small businesses that seek to work in
DOT financial assistance programs. To
the extent that the proposals in this rule
(e.g., with respect to changes in the
methods used to set overall goals) lead
to different goals than the existing rule,
some small firms may gain, and others
lose, business.
There is no data of which the
Department is aware that would permit
us, at this time, to measure the
distributive effects of the revisions on
various types of small entities. It is
likely that any attempt to gauge these
effects would be highly speculative. For
this reason, we are not able to make a
quantitative. or even a precise
qualitative, estimate of these effects.
Paperwork Reduction Ac[
A number of provisions of this rule
involve information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA). One of
these provisions, concerning a report of
DBE achievements that recipients make
to the Department, is the subject of an
existing OMB approval under the PRA.
With one exception, the other
information collection requirements of
the rule continue existing part 23
requirements, major elements of the
DBE program that recipients and
contractors have been implementing
since 1980 or 1983. While the final tole
modifies these requirements in some
ways, the Department believes the
overall burden of these requirements
will remain the same or shrink. These
requirements are the following:
• Firms applying for DBE certification
must provide infomralion [o recipients
to allow [hem [o make eligibility
decisions. Currently certified firms must
provide information to recipients to
allow them [o review the firms'
continuing eligibility. (After the UCP
requirements of the rule are
implemented, the burdens of the
certification provisions should be
substantially reduced.)
• When contractors bid on prime
contracts that have contract goals, they
must document [heir DBE participation
and/or the good faith efforts they have
made to meet the contract goals. (Given
the final rule's emphasis on race-neutral
measures, it is likely the burden in this
area will be reduced.)
• Recipients must maintain a
directory of certified DBE firms. (Once
UCPs are implemented, there will be 52
consolidated directories rather than [he
hundreds now required, reducing
burdens substantially.)
• Recipients must calculate overall
goals and transmit them to the
Department for approval. (The process
of setting overall goals is more flexible,
but may also be more complex, than
under part 23. As they make their
transition to the final rule's goal-setting
process during the first years of
implementation, recipients may
temporarily expend more hours than in
the past on information-related [asks.)
• Recipients must have a DBE
program approved by [he Department.
(The final rule includes aone-time
requirement to submit a revised
program document making changes to
conform to the new regulation.)
The Department estimates that these
program elements will result in a total
of approximately 1.58 million burden
hours to recipients and contractors
combined during the first year of
implementation and approximately 1.47
million annual burden hours thereafter.
The final rule also fncludes one new
information collection element. I[ calls
for recipients to collect and maintain
data concerning both DBE and non-DBE
bidders on DOT-assisted contracts. This
information is intended to assist
recipients in making more precise
determinations of the availability of
DBEs and [he shape of [he "level
playing field" the maintenance of which
is a major objective of the rule. The
Department estimates that this
requirement will add 254,595 burden
hours in the firs[ year of
implementation. This figure is projected
to decline to 193.261 hours in the
second year and to 161.218 hours in the
third and subsequent years.
Both as the result of comments and
what the Department learns as it
implements the DBE program under par[
26. it is possible for the Department s
information needs and the way we meet
them to change. Sometimes the way we
collect information can be changed
informally (e.g., by guidance telling
recipients they need no[ repeat
information that does not change
significantly from year to year). In other
tircurnstances, atechnical amendment
to [he regulation may be needed. In any
case. [he Department will remain
sensitive to situations in which
modifying information collection
requirements becomes appropriate.
As required by the PRA. [he
Department has submitted an
information collection approval request
to OMB. Organizations and individuals
desiring to submit comments on
information collection requirements
should direct them to the Department's
docket for this rulemaking. You may
also submit copies of your comments to
the Office of Information and Regulatory
Affairs (OIRA). OMB, Room 10235, New
Executive Office Building, Washington,
DC, 20503: Attention: Desk Officer for
U.S. Department of Transportation.
The Department considers comments
by the public on information collections
for several purposes:
• Evaluating the necessity of
information collections for the proper
performance of the Department's
functions, including whether the
information has practical utility.
• Evaluating the accuracy of the
Department's estimate of the burden of
the information collections, including
the validity of the methods and
assumptions used.
• Enhancing [he quality, usefulness,
and clarity of the information to be
collected.
• Minimizing the burden of the
collection of information on
respondents, including through the use
of electronic and other methods.
The Department points out that, with
the exception of the bid data collection,
all the information collection elements
discussed in this section of [he
preamble have not only been part of the
Department s DBE program for many
years, but have also been the subject of
extensive public comment following the
1992 NPRM and 1997 SNPRM. Among
the over 900 comments received in
response [o these notices were a number
addressing administrative burden issues
surrounding these program elements. In
this final rule, the Deparument has
responded to these comments.
OMB is required to make a decision
concerning information collections
within 30-60 days of the publication of
this notice. Therefore. for best effect.
comments should be received by DOT/
OMB within 30 days of publication.
Following receipt of OMB approval, the
Department will publish a Federal
Register notice containing the
applicable OMB approval numbers.
Federalism
The rule does no[ have suR'icien[
Federalism impacts to warrant the
preparation of a Federalism assessment.
While the rule concerns [he activities of
state and local governments in DOT
Financial assistance programs, the rule
does not significantly alter the role of
state and local governments vis-a-vis
DOT from the present part 23. The
availability of program waivers could
allow greater Flexibility for state and
local participants, however.
List of Subjects
49 CFR Part 23
Administratlve practice and
procedure. Airports, Civil rights.
5126 Federal Register/Vol. 64. No. 21/Tuesday, February 2. 1999/Rules and Regulations
Concessions. Government contracts.
Grant programs-transportation,
Minority businesses, Reporting and
recordkeeping requirements.
99 CFR Part 26
Administrative practice and
procedure, Airports, Civil rights,
Government contracts, Grant
programs-transportation, Highways
and roads, Mass transportation,
Minority businesses, Reporting and
recordkeeping requirements.
Issued this 8th day of January. 1999. at
Washington, DC.
Rodney E. Slater,
Secretary ofTransportation.
For the reasons set forth in the
preamble, the Department amends 49
CFR subtitle A as follows:
PART 23-PARTICIPATION BY
DISADVANTAGED BUSINESS
ENTERPRISE IN AIRPORT
CONCESSIONS
1. Revise the heading of 49 CFR part
23 as set forth above.
2. Revise the authority citation for 49
CFR part 23 [o read as follows:
Authority: 42 U.S.C. 200d et seq.; 49 U.S.C.
47107 and 47123; Executive Order 12138. 3
CFR. 1979 Comp.. p. 393.
Subparts A, C, D, and E~Removed
and Reserved]
3. Remove and reserve subparts A, C.
D, and E of part 23.
§23.89 [Amended]
4. Amend § 23.89 as follows:
a. In the definition of "disadvantaged
business," remove the words "§ 23.61 of
subpart D of this part" and add the
words "49 CFR part 26": and remove
the words "§ 23.61" in the last line of
the definition and add the words "49
CFR part 26".
b. In the definition of "small business
concern," paragraph (b), remove the
words "§ 23.43(d)" and add the words
"§ 23.43(d) in effect prior to March 4,
1999 (See 49 CFR Parts 1 to 99 revised
as of October 1. 1998.)".
c. In the definition of "socially and
economically disadvantaged
individuals." remove [he words "§ 23.61
of subpart D of this part" and add "49
CFR part 26".
§23.93 [Amended]
5. Amend § 23.93(a) introductory text
by removing the words "§ 23.7" and
adding the words "§ 26.7".
§23.95 [Amended]
6. Amend §23.95(a)(1) by removing
the words "based on the factors listed in
§ 23.45(8) (5)" and adding the words
"consistent with the process for setting
overall goals set forth in 49 CFR 26.45".
7. In addition, amend § 23.95 as
follows:
a. In paragraph (f)(l), remove the
words "§ 23.51" and add the words "49
CFR part 26, subpart E";
b. In paragraph (t)(2), remove the
words "Except as provided in § 23.51(c)
each" and add "Each";
c. Remove paragraph (t)(5):
d. in paragraph (g)(1), remove the
words "§ 23.53" and add the words "49
CFR part 26, subpart D".
§23.97 [Amended]
8. Amend § 23.97 by removing the
words "§ 23.55" and adding the words
"49 CFR 26.89".
§23.11 [Removed]
9. Remove § 23.111.
10. Add a new 49 CFR part 26, to read
a5 fOIIOWS:
PART 26-PARTICIPATION BY
DISADVANTAGED BUSINESS
ENTERPRISES IN DEPARTMENT OF
TRANSPORTATION FINANCIAL
ASSISTANCE PROGRAMS
Subpart A~eneral
Sec.
26.1 What are the obJectives oC [his part?
26.3 To wham does [his par[ apply?
26.5 What do the terms used in [his part
mean?
26.7 What discriminatory actions are
forbidden?
26.9 How does the Department issue
guidance and interpretations under this
part?
26.1 t Wha[ records do recipients keep and
report?
26.13 What assurances must recipients and
contractors make?
26.15 How can recipients apply for
exemptions or waivers?
Subpart B-Adminiatrativa Requlremants
for DBE Programs for Faderelly-Assisted
ConVacdng
26.21 Who must have a DBE program?
26.23 What Is the requirement for a policy
statementl
26.25 What is the requirement for a liaison
officer?
26.27 What efforts must recipients make
concerning DBE financial institutions?
26.29 What prompt payment mechanisms
may recipients have?
26.31 What requirements pertain to the DBE
directory?
26.33 Wha[ steps must a recipient take to
address overconcentratlon of DBEs in
certain types of work?
26.35 Wha[ role do business development
and mentor-protege programs have in the
DBE program?
26.37 Wha[ are a recipient s responsibilities
for monitoring [he performance of other
program participants?
Subpart Goals, Good Faith Efforts, and
Counting
26.41 Wha[ is the role of the statutory 10
percent goal in this program?
26.43 Can recipients use se[-asides or
quotas as part of this program?
26.45 How do recipients set overall goals?
26.47 Can recipients be penalized for failing
to meet overall goals?
26.49 How are overall goals established for
transit vehicle manufacturers?
26.51 What means do recipients use [o meet
overall goals?
26.53 Wha[ are [he good faith efforts
procedures recipients follow in
situations where there are contract goals?
2fi.55 How is DBF participation counted
toward goals?
Subpart D-Certification Standards
26.61 How are burdens of proof allocated in
the certification process?
26.63 What roles govern group membership
detertninetions?
26.65 What Hiles govern business size
determinations?
26.67 What rules govern determinations of
social and economic disadvantage?
26.69 What roles govern determinations of
ownership?
26.71 What Hiles govern determinations
concerning control?
26.73 Wha[ are other rules affecting
certification?
SubpaR E~ertlflcation Procedures
26.61 What are the requirements for Unified
Certification Programs?
26.83 What procedures do recipients follow
in making certification decisions?
26.65 What rules govem recipients' denials
of initial requests for certlficatlon?
26.87 What procedures does a recipient use
to remove a DBE's eligibility?
26.89 What is the process for certlficatlon
appeals [o the Department of
Transportation?
26.91 What actions do recipients take
following DOT certification appeal
decisions?
Subpart F-Compliance and Enforcement
26.101 What compliance procedures apply [o
recipients?
26.103 Wha[ enforcement acttons apply in
FHWA and FTA programs?
26.105 What enforcement actions apply in
FAA Programs?
26.107 What enforcement actions apply to
fimss participating in the DBE program?
26.109 What are the Hiles governing
informatlon, confidentiality.
cooperation, and Intlmlda[ion or
retaliation?
Appendix A to part 26-Guidance
Concerning Good Faith Efforts
Appendix B to part 26-Forms (Reserved)
Appendix C to part 26-DBE Business
Development Program Guidelines
Appendix D to part 26-Mentor-Protege
Program Guidelines
Appendix E to part 26-Individual
Determinations of Social and Economic
Disadvantage
Authority. 23 U.S.C. 324; 42 U.S.C. 2000d
et seq.); 49 U.S.C 1615, 47107, 47113. 47123;
Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations 5127
Sec. 1101(6). Pub. L. 105-178, 112 Stat. 107
113.
Subpart A--General
§ 26.1 What are the objectives of this part?
This part seeks to achieve several
objectives:
(a) To ensure nondiscrimination in
the award and administration of DOT-
assisted contracts in [he Department's
highway, transit, and airport financial
assistance programs;
(b) To create a level playing field on
which DBEs can compete fairly for
DOT-assisted contracts:
(c) To ensure [hat the Department's
DBE program is narrowly tailored in
accordance with applicable law;
(d) To ensure that only firms that fully
meet this part s eligibility standards are
permitted to participate az DBEs:
(e)'fo help remove barriers to the
participation of DBEs in DOT-assisted
contracts:
(f) To assist [he development of firms
that can compete successfully in the
marketplace outside the DBE program;
and
To provide appropriate flexibility
to recipients of Federal financial
assistance in establishing and providing
opportunities for DBEs.
§26.3 To whom does thla part apply4
(a) If you are a recipient of any of the
fallowing types of funds, [his par[
applies to you:
(l) Federal-aid highway funds
authorized under Titles I (other than
Part B) and V of [he Intermodal Surface
Transportation Efficiency Act of 1991
(ISTEA), Pub. L. 102-240. 105 Stat.
1914, or Titles I. III. and V of the
Transportation Equity Act for the 21st
Century (TEA-21). Pub. L. 105-178, l12
Slat. 107.
(2) Federal transit funds authorized by
Titles I, III, V and Vl of ISTEA, Pub. L.
102-240 or by Federal transit laws in
Title 49. U.S. Code, or Titles I, III, and
V of [he TEA-2l, Pub. L. 105-178.
(3) Airport funds authorized by 49
U.S.C. 47101, et seq.
(b) [Reserved[
(c) If you are letting a contract, and
that contract is to be performed entirely
outside the United States. its territories
and possessions, Puerto Rlco. Cuam, or
the Northern Marianas Islands. this par[
does not apply to the contract.
(d) If you are letting a contract in
which DOT financial assistance does
not participate, this part does not apply
to [he contract.
28.5 What do the terms used In this part
mean?
Afillatlon has the same meaning the
term has in the Small Business
Administration (SBA) regulations. 13
CFR part 12i.
(l) Except as otherwise provided in l3
CFR part 121, concerns are affiliates of
each other when, either directly or
indirectly:
(i) One concern controls or has the
power to control the other; or
(ii) A third party or parties controls or
has [he power to control both; or
(iii) An identity of interest between or
among parties exists such that affiliation
may be found.
(2) 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 Natlve 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 Natlve village or Native group
regards as an Alaska Native if their
father or mother is regarded as an
Alaska Native.
Alaska Native Corporation (ANC)
means any Regional Corporation,
Village Corporation. Urban Corporation,
or Group Corporation organized under
the laws of the Stale of Alaska in
accordance with the Alaska Native
Claims Settlement Act, as amended (43
U.S.C. 1601, et seq.).
Compliance means that a recipient
has correctly implemented the
requirements of this part.
Contract means a legally binding
relationship obligating a seller to
furnish supplies or services (including,
but not limited to, constructlon and
professional services) and [he buyer to
pay for them.
Contractor means one who
participates, through a contract or
subcontract (at any tier), in a DOT-
assisted highway, Iranslt, or airport
program.
Department or DOT means the U.S.
Department of'fransporta[ion, including
the Office of the Secretary, [he Federal
Highway Administration (FHWA), the
Federal Transit Administrauon (FTA),
and the Federal Aviation
Administration (FAA).
Disadvantaged business enterprise or
DBE means afor-profit small business
concern-
(1) That is at leas[ 51 percent owned
by one or more individuals evho 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
(2) Whose management and daily
business operations are controlled by
one or more of the socially and
economically disadvantaged individuals
who own it.
DOT-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
[he purchase of land.
Good faith efforts means efforts to
achieve a DBE goal or other requirement
of this part which, by their scope.
intensity, and appropriateness to the
objective, can reasonably be expected to
fulfill the program requirement.
/mmediate 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 [he tribe, band, nation, group, or
community resides. See definition of
"tribally-owned concern" in this
section.
Joint venture means an association of
a DBE firm and one or more other films
to carry out a single, for-profit business
enterprise, for which the parties
combine their property, capital, efforts.
skills and knowledge, and in which the
DBE is responsible for a distinct, clearly
defined portion of the work of the
contract and whose share in [he capital
contribution, control, management,
risks, and profits of the Joint venture are
commensurate with its ownership
interest.
Native Hawaiian means any
individual whose ancestors were
natives, prior to 1778, of the area which
now comprises the State of Hawaii.
Native Hawaiian Organization means
any community service organization
serving Native Hawaiians in [he State of
Hawaii which is a no[-for-profit
organization chartered by the State of
Hawaii, is controlled by Native
Hawaiians, and whose business
activities will principally benefit such
Native Hawaiians.
5128 Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations
Noncompliance means that a
recipient has not correctly implemented
[he requirements of [his par[.
Operating Administration or OA
means any of the Following parts of
DOT: the Federal Aviation
Administration (FAA), Federal Highway
Administration (FHWA), and Federal
Transit Administration (FTA). The
"Administrator" of an operating
administration includes his or her
designees.
Personal net worth 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 community
property with [he individual's spouse.
Primary industry classification means
the four digit Standard Industrial
Classification (SIC) code designation
which best describes the primary
business of a firm. The SIC code
designations are described in [he
Standard Industry Classification
Manual. As the North American
Industrial Classification System
(NAICS) replaces the SIC system.
references to SIC codes and [he SIC
Manual are deemed to refer [o the
NAICS manual and applicable codes.
The SIC Manual and the NAICS Manual
are available through the National
Technical Information Service (NTIS) of
[he U.S. Department of Commerce
(Springfield, VA. 22261). NTIS also
makes materials available through its
web site (www.ntis.gov/naics).
Primary recipient means a recipient
which receives DOT 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. [he recipient will
determine the principal place of
business for DBE program purposes.
Program means any undertaking on a
recipient's part to use DOT financial
assistance, authorized by the laws to
which this part applies.
Race-conscious measure or program is
one that is focused specifically on
assisting only DBEs, including women-
owned DBEs.
Race-neutral measure or program is
one that is, or can be, used to assist all
small businesses. For the purposes of
[his part, race-neutral includes gender-
neu V ably.
Recipient is any entity, public or
private, [o which DOT financial
assistance is extended, whether directly
or through another recipient. through
[he programs of the FAA, FHWA, or
FTA. or who has applied for such
assistance.
Secretary means the Secretary of
Transportation or his/her designee.
Se4aslde means a contracting practice
restricting eligibility for the competitive
award of a contract solely to DBE firms.
Small Business Administration or
SBA means the United States Small
Business Administration.
Smolt business concern means, with
respect to firms seeking to participate as
DBEs in DOT-assisted contracts, a small
business concern as defined pursuan(to
section 3 of the Small Business Act and
Small Business Administration
regulations implementing i[ (13 CFR
part l2 t) that also does not exceed the
cap on average annual gross receipts
specified in § 26.65(b).
Socially and economically
dtsadvantaged indlvldual means any
individual who is a citizen (or lawfully
admitted permanent resident) of the
United Stales and who is-
(I) Any individual who a recipient
finds [o be a socially and economically
disadvantaged Individual on a case-by-
case basis.
(2) Any individual in the Following
groups, members of which are
rebuttably presumed to be socially and
economically disadvantaged:
(i) "Black Americans," which
includes persons having origins in any
of [he Black racial groups of Africa:
(ii) "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;
(iii) "Native Americans," which
includes persons who are American
Indians, Eskimos, Aleuts, or Native
Hawaiians:
(iv) "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. [he U.S. Trust
Territories of the Pacific Islands
(Republic of Palau), the Commonwealth
of the Northern Marianas Islands,
Macao. Fiji, Tonga, Kirbati, Juvalu.
Nauru, Federated States of Micronesia.
or Hong Kong;
(v) "Subcontinent Asian Americans."
which includes persons whose origins
are from India. Pakistan, Bangladesh,
Bhutan, the Maldives Islands, Nepal or
Sri Lanka;
(vi) Women;
(vii) Any additional groups whose
members are designated as socially and
economically disadvantaged by the
SBA. a[ such time as [he SBA
designation becomes effective.
Tribally-owned concern means any
concern a[ least 51 percent owned by an
Indian tribe as defined in [his section.
You refers to a recipient, unless a
statement in the text of this part or [he
context requires otherwise (i.e., 'You
must do XYZ' means that recipients
must do XYZ).
§ 28.7 What discriminatory actions are
forbidden?
(a) You must never exclude any
person from participation in, deny any
person the benefits of, or otherwise
discriminate against anyone in
connection with the award and
performance of any contract covered by
this part on the basis of race, color, sex,
or national origin.
(b) In administering your DBE
program, you must 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
program with respect to individuals of
a particular race, color, sex. or national
origin.
§ 26.9 How does the Department Issue
guidance and interpntatlons under this
part?
(a) This part applies instead of
subparts A and C through E of 49 CFR
part 23 in effect prior [o March 4, 1999.
(See 49 CFR Parts 1 to 99, revised as of
October I, 1998.) Only guidance and
interpretations (including
interpretations set forth in certification
appeal decisions) consistent with this
part 26 and issued after March 4. 1999
have definitive, binding effect in
implementing the provisions of this part
and constitute the official position of
the Department of Transportadon.
(b) The Secretary of Transportation,
Office of the Secretary of
Transportation. FHWA. FTA, and FAA
may issue written interpretations of or
written guidance concerning [his part.
Written interpretations and guidance are
valid and binding, and constitute [he
official position of the Depanment of
Transportation, only if they are issued
over the signature of the Secretary of
Transportation or if they contain [he
Following statement:
Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations 5129
The General Counsel o(the Department of
Transportation has reviewed this document
and approved it as consistent with [he
language and intent of 49 CFR part 26. -
§ 26.11 What records do recipients keep
and repoR7
(a) [Reserved)
(b) You must continue to provide data
about your DBE program to the
Department as directed by DOT
operating administrations.
(c) You must create and maintain a
bidders list, consisting of all firms
bidding on prime contracts and bidding
or quoting subcontracts on DOT-assisted
projects. For every nrm, the following
information must be included:
(I) Firm name;
(2) Firm address:
(3) Firm's status as a DBE or non-DBE;
(4) The age of the firm; and
(5) The annual gross receipts of the
firth.
§ Section 26.13 What assurances must
recipients and contractors make
(a) Each financial assistance
agreement you sign with a DOT
operating administration (or a primary
recipient) must include the following
assurance:
The recipient shall not discriminate on the
basis of race, color, national origin, or sex In
the award and performance of any DOT-
assisted contract or in the administration of
its DBE program or [he requirements of 49
CFR part 26. The recipient shall take all
necessary and reasonable steps under 49 CFR
part 26 to ensure nondiscrimination in the
award and administration of DOT-assisted
contracts. The recipient s DBE program. as
required by 49 CFR part 26 and as approved
by DOT, is incorporated by reference in this
agreement. Implementation of this program is
a legal obligation and failure to carry out its
terms shall be treated as a violation of this
agreement Upon notification to the recipient
of its failure to carry out its approved
program, the Department may impose
sanctions as provided for under part 26 and
may. in appropriate cases, refer the matter for
enforcement under IB U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986
(3t U.S.C. 3801 er seq.).
(b) Each contract you sign with a
Contractor (and each subcontract the
prime contractor signs with a
subcontractor) must include the
following assurance:
The contractor, sub recipient or
subcontractor shall not discriminate on the
basis of race. color, national origin. or sex in
[he performance of this contract. The
contractor shall carry out applicable
requirements of 49 CFR part 26 in the award
and administration of DOT-assisted
contracts. Failure by the contractor to tarty
out these requirements Is a material breach
of [his contract. which may result in the
termination of [his contract or such other
remedy as the recipient deems appropriate.
§26.15 Haw can recipients apply for
exemptions or waivers?
(a) You can apply for an exemption
from any provision of this part. To
apply, you must request Itte exemption
in writing from the Office of the
Secretary of Transportation. FHWA,
FTA, or FAA. The Secretary will grant
the request only if it documents special
or exceptional circumstances, not likely
to be generally applicable, and not
contemplated in connection with [he
tvlemaking that established this part.
that make your compliance with a
specific provision of [his part
impractical. You must agree to take any
steps that the Department specifies to
comply with the intent of [he provision
from which an exemption is granted.
The Secretary will issue a written
response to all exemption requests.
(b) You can apply for a waiver of any
provision of Subpart B or C of this part
including, but not limited [o, any
provisions regarding administrative
requirements, overall goals, contract
goals or good faith efforts. Program
waivers are for the purpose of
authorizing you to operate a DBE
program that achieves [he objectives of
[his par[ by means that may differ from
one or more of the requirements of
Subpart B or C of [his part. To receive
a program waiver, you must follow
these procedures:
(I) You must apply through the
concerned operating administration.
The application must Include a specific
program proposal and address how you
will meet the criteria of paragraph (b) (2)
of this section. Before submitting your
application, you must have had public
participation in developing your
proposal, Including consultation with
the DBE community and at least one
public hearing. Your application must
include a summary of the public
participation process and the
information gathered through it.
(2) Your applicatlon must show that-
(i) There Is a reasonable balls to
conclude that you could achieve a level
of DBE participation consistent with the
objectives of this part using different or
innovative means other than those that
are provided in subpart B or C of this
par[;
(il) Conditions in your Jurisdiction are
appropriate for implementing the
proposal:
(iii) Your proposal would prevent
discrimination against any individual or
group in access [o contracting
opportunities or other benefits of the
program; and
(iv) Your proposal is consistent with
applicable law and program
requirements of the concerned operating
administration's financial assistance
program.
(3) The Secretary has the authority to
approve your application. If the
Secretary grants your application, you
may administer your DBE program as
provided in your proposal, subject to
the following conditions:
(i) DBE eligibility is determined as
provided in subparts D and E of this
part, and DBE participation is counted
as provided in § 26.49:
(ii) Your level of DBE participation
continues to be consistent with the
objectives of this part;
(iii) There is a reasonable limitation
on the duration of your modified
program; and
(iv) Any other conditions the
Secretary makes on [he grant of the
waiver.
(4) The Secretary may end a program
waiver at any time and require you to
comply with this part's provisions. The
Secretary may also extend the waiver, if
he or she determines that all
requirements of paragraphs (b) (2) and
(3) of this section continue to be met.
Any such extension shall be for no
longer than period originally set for the
duration of the program.
Subpart B-Administrative
Requirements for DBE Programs for
Federally-Assisted Contracting
§ 26.21 Who must have a DBE program?
(a) If you are in one of these categories
and let DOT-assisted contracts, you
must have a DBE program meeting the
requirements of this part:
(1) All FHWA recipients receiving
funds authorized by a statute to which
this part applies:
(2) FTA recipients that receive
$250,000 or more in FTA planning,
capital, and/or operating assistance in a
Federal fiscal year:
(3) FAA recipients that receive a grant
of $250,000 or more for airport planning
or development.
(b)(I) You must submit a DBE
program conforming to this part by
August 31. 1999 [o the concerned
operating administration (OA). Once [he
OA has approved your program, the
approval counts For all of your DOT-
assisted programs (except that goals aze
reviewed and approved by the
particular operating administration [hat
provides funding for your DOT-assisted
contracts).
(2) You do no[ have to submit regular
updates of your DBE programs, as long
as you remain in compliance. However,
you must submit significant changes in
[he program for approval.
(c) You are not eligible to receive DOT
financial assistance unless DOT has
5130 Federal Register/Vol. 64, No. 21/Tuesday, February 2. 1999/Rules and Regulations
approved your DBE program and you
are incompliance with it and this part.
You must continue to carry out your ..
program until all funds from DOT
financial assistance have been
expended.
§ 26.23 What Is the requirement for a
policy statement?
You must issue a signed and dated
policy statement that expresses your
commitment to your DBE program,
states its objectives, and outlines
responsibilities for its implementation.
You must circulate the statement
throughout your organization and to [he
DBE and non-DBE business
communities that perform work on your
DOT-assisted contracts. '
§ 26.25 What is the requirement for a
liaison officer?
You must have a DBE liaison officer.
who shall have direct, independent
access to your Chief Executive Officer
concerning DBE program matters. The
liaison officer shall be responsible for
Implementing all aspects of your DBE
program. You must also have adequate
staff to administer the program in
compliance with this part.
26.27 What efforts must recipients make
concerning DBE financial InstitutionsY
You must thoroughly investigate the
full extent of services offered by
financial institutions owned and
controlled by socially and economically
disadvantaged Individuals in your
community and make reasonable efforts
to use these institutions. You must also
encourage prime contractors to use such
institutions.
§26.29 What prompt payment
mechanisms must reciplarrta have?
(a) You must establish, as part of your
DBE program, a contract clause to
require prime contractors to pay
subcontractors for satisfactory
perfotrrtance of their contracts no later
than a specific number of days From
receipt of each payment you make to the
prime contractor. This clause must also
require the prompt return of retainage
payments from the prime contractor to
the subcontractor within a specific
number of days after the subcontractor's
work is satisfactorily completed.
(l) This clause may provide for
appropriate penalties for failure to
comply, the terms and conditions of
which you set.
(2) This clause may also provide that
any delay or postponement of payment
among the parties may take place only
for good cause. with your prior written
approval.
(b) You may also establish, as part of
your DBE program, any of [he following
additional mechanisms to ensure
prompt payment:
(I) A contract clause that requires
prime contractors to include in their
subcontracts language providing that
prime contractors and subcontractors
will use appropriate alternative dispute
resolution mechanisms to resolve
payment disputes. You may specify the
nature of such mechanisms.
(2) A contract clause providing that
the prime contractor will not be
reimbursed for work performed by
subcontractors unless and until the
prime contractor ensures that the
subcontractors are promptly paid for the
work they have performed.
(3) Other mechanisms, consistent
with this part and applicable state and
local law, to ensure that DBEs and other
contractors are fully and promptly paid.
§ 26.37 What requirements pertain to the
DBE directory?
You must maintain and make
available to interested persons a
directory identifying all firms eligible to
participate as DBEs in your program. In
the listing for each Firm, you must
include its address, phone number, and
the types of work the firm has been
certified to perform as a DBE. You must
revise your directory a[ least annually
and make updated information available
to contractors and the public on request.
§26.33 What steps must a recipient take to
address overconcentretlon of DBEs In
eartaln types of work?
(a) If you determine that DBE firms
are so overconcentrated in a certain type
of work as to unduly burden [he
opportunity of non-DBE Firms to
participate in this type of work, you
must devise appropriate measures to
address this overconcentration.
(b) These measures may include the
use of incentives, technical assistance.
business development programs,
mentor-protege programs, and other
appropriate measures designed to assist
DBEs in performing work outside of the
specific field in which you have
determined that non-DBEs are unduly
burdened. You may also consider
varying your use of contract goals, to the
extent consistent with § 26.51, to unsure
that non-DBEs are not unfairly
prevented from competing for
subcontracts.
(c) You must obtain the approval of
the concerned DOT operating
administration for your determination of
overconcentration and the measures you
devise to address it. Once approved, the
measures become part of your DBE
program.
§ 26.35 What role do business
development and mentor-protege programs
have In the DBE program?
(a) You may or, iF an operating
administration directs you to, you must
establish a DBE business development
program (BDP) to assist firms in gaining
the ability [o compete successfully in
the marketplace outside the DBE
program. You may require a DBE firm,
as a condition of receiving assistance
through the BDP, to agree to terminate
its participation in the DBE program
after a certain time has passed or certain
objectives have been reached. See
Appendix C of this part for guidance on
administering BDP programs.
(b) As part of a BDP or separately, you
may establish a "mentor-protege"
program, in which another DBE or non-
DBE firm is the principal source of
business development assistance to a
DBE firm.
(1) Only firms you have certified as
DBEs before they are proposed for
participation in amentor-protege
program are eligible [o participate in the
mentor-protege program.
(2) During the course of the mentor-
protege relationship, you must:
(i) Not award DBE credit to a non-DBE
mentor firm for using its own protege
firm for more than one half of its goal
on any contract let by the recipient; and
(ii) Not award DBE credit to a non-
DBE mentor firm for using its own
protege firm for more than every other
contract performed by the protege firm.
(3) For purposes of making
determinations of business size under
[his part, you must not treat protege
firms as affiliates of mentor firms, when
both fitms are participating under an
approved mentor-protege program. See
Appendix D of this part for guidance
concerning the operation of mentor-
protege programs.
(c) Your BDPs and mentor-protege
programs must be approved by the
concerned operating administration
before you implement them. Once
approved, they become part of your DBE
program.
§26.37 What are a reciplenYs
responaibilltles for monitoring the
performance of other program partielpantsi
(a) You must implement appropriate
mechanisms to ensure compliance with
the part's requirements by all program
participants (e.g., applying legal and
conVact remedies available under
Federal, state and local law). You must
set forth these mechanisms in your DBE
program.
(b) Your DBE program must also
include a monitoring and enforcement
mechanism to verify that the work
committed to DBEs at contract award is
Federal Register/Vol. 64, Nu. 21/Tuesday. February 2, 1999/Rules and Regulations 5131
actually performed by the DBEs. This
mechanism must provide for a running
tally of actual DBE attainments (e.g., _
payments actually made [o DBE firms)
and include a provision ensuring that
DBE participation is credited toward
overall or contract goals only when
payments are actually made to DBE
firms.
Subpart Goals, Good Faith Efforts,
and Counting
§ 26.41 What is the role of the statutory 16
percent goal In this program?
(a) The statutes authorizing this
program provide that, except to the
extent the Secretary determines
otherwise, not less than 10 percent of
[he authorized funds are to be expended
with DBEs.
(b) This 10 percent goal is an
aspirational goal at the national level,
which the Department uses as a tool in
evaluating and monitoring DBEs'
opportunities to participate in DOT-
assisted contracts.
(c) The national I O percent goal does
not authorize or require recipients to set
overall or contract goals at the 10
percent level, or any other particular
level, or to take any special
administrative steps if their goals are
above or below IO percent.
§26.43 Can recipients use set-asides or
quotas as part of this program?
(a) You are no[ permitted to use
quotas for DBEs on DOT-assisted
contracts subject to this part.
(b) You may no[ sebaside contracts for
DBEs on DOT-assisted contracts subject
to this part, except that. in limited and
extreme circumstances, you may use
set-asides when no other method could
be reasonably expected [o redress
egregious instances of discrimination.
§ 26.46 Now do recipients sat overall
goals?
(a) You must set an overall goal for
DBE participation in your DOT-assisted
contracts.
(b) Your overall goal must be based on
demonstrable evidence of the
availability of ready. willing and able
DBEs relative to all businesses ready,
willing and able [o participate on your
DOT-assisted contracts (hereafter, the
"relative availability of DBEs"). The
goal must reflect your determination of
the level of DBE participation you
would expect absent the effects of
discrimination. You cannot simply rely
on either the 10 percent national goal,
your previous overall goal or past DBE
participation rates in your program
without reference to the relative
availability of DBEs in your market.
(c) Step 1. You must begin your goal
setting process by determining a base
(figure for the relative availability of
DBEs. The following are examples of
approaches that you may take toward
determining a base figure. These
examples are provided as a starting
point far your goal setting process. Any
percentage figure derived from one of
these examples should be considered a
basis from which you begin when
examining all evidence available in your
jurisdiction. These examples are not
intended as an exhaustive list. Other
methods or combinations of methods to
determine a base figure may be used.
subject to approval by the concerned
operating administration.
(t) Use D8E Directories and Census
Bureau Data. Determine [he number of
ready, willing and able DBEs in your
market from your DBE directory. Using
the Census Bureau's County Business
Pattern (CBP) data base, determine the
number of all ready, willing and able
businesses available in your market [hat
perform work in the same SIC codes.
(Information about [he CBP data. base
may be obtained from the Census
Bureau at their web site,
www. census.gov/epcd/cbp/view/
cbpview.html.) Divide the number of
DBEs by the number of all businesses to
derive a base figure for [he relative
availability of DBEs in your market.
(2) Use a bidders list. Determine the
number of DBEs that have bid or quoted
on your DOT-assisted prime contracts or
subcontracts in the previous year.
Determine the number of all businesses
[ha[ have bid or quoted on prime or
subcontracts in the same time period.
Divide the number of DBE bidders and
quo[ers by [he number for all businesses
to derive a base figure for [he relative
availability of DBEs in your market.
(3) Use data from a disparity study.
Use a percentage figure derived from
data in a valid, applicable disparity
study.
(4) Use the goal oFanother DOT
recipient. If another DOT recipient in
the same, or substantially similar,
market has se[ an overall goal In
compliance with this rule, you may use
that goal as a base figure for your goal.
(5) Alternative methods. Subject [o the
approval of the DOT operating
administration, you may use other
methods [o determine a base figure for
your overall goal. Any methodology you
choose must be based on demonstrable
evidence of local market conditions and
be designed to ultimately attain a goal
that is rationally related to the relatlve
availability of DBEs in your market.
(d) Step 2. Once you have calculated
a base figure, you must examine all of
the evidence available in your
jurisdiction to determine what
adjustment, if any, is needed to the base
figure in order to arrive at your overall
goal.
(1) There are many types of evidence
that must be considered when adjusting
the base figure. These include:
(i) The current capacity of DBEs to
perform work in your DOT-assisted
contracting program, as measured by lfie
volume of work DBEs have performed in
recent years;
(ii) Evidence from disparity studies
conducted anywhere within your
jurisdiction, to the extent it is not
already accounted for In your base
figure; and
(iii) If your base figure is the goal of
another recipient, you must adjust it for
differences in your local market and
your contracting program.
(2) You may also consider available
evidence from related fields that affect
[he opportunities for DBEs to (orm, grow
and compete. These include. but are not
limited to:
(i) Statistical disparities in the ability
of DBEs to get the financing, bonding
and Insurance required to participate in
your program;
(ii) Data on employment, self-
employment, education, training and
union apprenticeship programs. to the
extent you can relate it [o the
opportunities for DBEs to perform in
your program.
(3) If you attempt to make an
adjustment to your base figure to
account for the continuing effects of
past discrimination (often called the
"but for" factor) or the effects of an
ongoing DBE program, the adjustment
must be based on demonstrable
evidence that is logically and directly
related [o the effect for which the
adjustment is sought.
(e) Once you have determined a
percentage figure in accordance with
paragraphs (c) and (d) of this section.
you should express your overall goal as
follows:
(I) If you are an FHWA recipient, as
a percentage of all Federal-aid highway
funds you will expend in FHWA-
assisted convects in the forthcoming
fiscal year;
(2) If you are an FTA or FAA
recipient, as a percentage of all FTA or
FAA funds (exclusive of FTA funds to
be used for the purchase of transit
vehicles) that you will expend in FTA
or FAA-assisted contracts 1n the
forthcoming fiscal year. In appropriate
cases. the FTA or FAA Administrator
may permit you to express your overall
goal as a percentage of funds for a
particular grant or project or group of
grants and/or projects.
5132 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
(f)(I) If you sel overall goals on a
Fiscal year basis, you must submit them
to the applicable DOT operating
administration Cor review on August 1
of each year, unless the Administrator of
the concerned operating administration
establishes a different submission date.
(2) If you are an FTA or FAA recipient
and set your overall goal on a project or
grant basis. you must submit [he goal for
review at a time determined by the FTA
or FAA Administrator.
(3) You must include with your
overall goal submission a description of
the methodology you used to establish
the goal. including your base figure and
the evidence with which it was
calculated, and the adjustments you
made [o the base figure and the
evidence relied on for the adjustments.
You should also include a summary
listing of the relevant available evidence
in yourjurisdiction and. where
applicable, an explanation of why you
did not use that evidence to adjust your
base figure. You must also include your
projection of the portions of the overall
goal you expect [o meet through race-
neutral and race-conscious measures,
respectively (see § 26.5 l (c)).
(4) You are not required to obtain
prior operating administration
concurrence with the your overall goal.
However, if the operating
administration's review suggests that
your overall goal has not been correctly
calculated, or that your method for
calculating goals is inadequate, the
operating administration may. after
consulting with you, adjust your overall
goal or require [hat you do so. The
adjusted overall goal is binding on you.
(5) If you need additional time to
collect data or take other steps to
develop an approach to setting overall
goals, you may request the approval of
the concerned operating administration
for an interim goal and/or goal-setting
mechanism. Such a mechanism must:
(1) Reflect the relative availability of
DBEs in your local market to the
maximum extent feasible given [he data
available to you: and
(ii) Avoid Imposing undue burdens on
non-DBEs.
(g) In establishing an overall goal. you
must provide for public participation.
This public participation must include:
(1) Consultation with minority,
women's and general contractor groups,
community organizations, and other
officials or organizations which could
be expected to have information
concerning the availability of
disadvantaged and non-disadvantaged
businesses, the effects of discrimination
on opportunities for DBEs, and your
efforts to establish a level playing field
for [he participation of DBEs.
(2) A published notice announcing
your proposed overall goal, informing
the public that the proposed goal and its
rationale are available for inspection
during normal business hours at your
principal office for 30 days following
the date of the notice, and informing the
public that you and the Department will
accept comments on the goals for 45
days From [he date of the notice. The
notice must include addresses to which
comments may be sent, and you must
publish it in general circulation media
and available minority-focused media
and trade association publications.
(h) Your overall goals must provide
for participation by all certified DBEs
and must not be subdivided into group-
specific goals.
§26.47 Can recipients be penalized for
falling to meet overall goals?
(a) You cannot be penalized. or
treated by the Department as being in
noncompliance with this rule, because
your DBE participation fails short of
your overall goal, unless you have failed
to administer your program in good
faith.
(b) If you do not have an approved
DBE program or overall goal, or if you
fail to implement your program in good
faith, you are in noncompliance with
this part.
§26.49 How are overall goals established
for transit vehicle manufacturers?
(a) If you are an FTA recipient, you
must require in your DBE program that
each transit vehicle manufacturer, as a
condition of being authorized to bid or
propose on FTA-assisted transit vehicle
procurements. certify that it has
complied with the requirements of this
section. You do not include FTA
assistance used in transit vehicle
procurements in [he base amount from
which your overall goal is calculated.
(b) If you are a transit vehicle
manufacturer, you must establish and
submit for FTA's approval an annual
overall percentage goal. In setting your
overall goal, you should be guided, to
the extent applicable. by the principles
underlying § 26.45. The base from
which you calculate this goal is the
amount of FTA financial assistance
included in transit vehicle contracts you
will perform during the fiscal year in
question. You must exclude from this
base funds attributable to work
performed outside the United States and
its territories. possessions, and
commonwealths. The requirements and
procedures of this part with respect to
submission and approval of overall
goals apply to you as they do to
recipients.
(c) As a transit vehicle manuFacturer,
you may make the certification required
by this section if you have submitted the
goal this section requires and FTA has
appproved it or not disapproved it.
(d) As a recipient, you may, with FTA
approval, establish project-specific goals
For DBE participation in the
procurement of transit vehicles in lieu
of complying through the procedures of
this section.
(e) If you are an FHWA or FAA
recipient. you may, with FHWA or FAA
approval, use the procedures of this
section with respect to procurements of
vehicles or specialized equipment. If
you choose to do so, [hen the
manufacturers of this equipment must
meet the same requirements (including
goal approval by FHWA or FAA) as
transit vehicle manufacturers must meet
in FTA-assisled procurements.
§ 26.51 What means do recipients use to
meet overall goals4
(a) You must meet the maximum
feasible portion of your overall goal by
using race-neutral means of facilitating
DBE participation. Race-neutral DBE
participation includes any time a DBE
wins a prime contract through
customary competitive procurement
procedures, is awarded a subcontract on
a prime contract that does not carry a
DBE goal, or even if there is a DBE goal.
wins a subcontract From a prime
contractor that did not consider its DBE
status in making the award (e.g., a prime
contractor that uses a strict low bid
system to award subcontracts).
(b) Race-neutral means Include, but
are not limited to, the following:
(I) Arranging solicitations, times for
the presentation of bids, quantities.
specifications, and delivery schedules
in ways that Facilitate DBE, and other
small businesses, participation (e.g.,
unbundling large contracts to make
[hem more accessible to small
businesses, requiring or encouraging
prime contractors to subcontract
portions of work [hat they might
otherwise perform with their own
forces):
(2) Providing assistance in
overcoming limitations such as inability
[o obtain bonding or financing (e.g., by
such means as simplifying the bonding
process, reducing bonding
requirements, eliminating the impact of
surety costs from bids, and providing
services to help DBEs, and other small
businesses, obtain bonding and
financing);
(3) Providing technical assistance and
other services;
(4) Carrying out information and
communications programs on
contracting procedures and specific
Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations 5133
contract opportunities (e.g., ensuring the
inclusion of DBEs, and other small
businesses, on recipient mailing lists for
bidders: ensuring the dissemination to
bidders on prime contracts oC lists of
potential subcontractors; provision of
information in languages other than
English, where appropriate);
5) Implementing a supportive
services program to develop and
improve immediate and long-term
business management, record keeping.
and financial and accounting capability
for DBEs and other small businesses;
(6) Providing services to help DBEs,
and other small businesses, improve
long-term development, increase
opportunities to participate in a variety
of kinds of work, handle increasingly
significant projects. and achieve
eventual self-sufficiency;
(7) Establishing a program to assist
new, start-up firms, particularly in
fields in which DBE participation has
historically been low;
(g) Ensuring distribution of your DBE
directory, through print and electronic
means, to the widest feasible universe of
potential prime contractors; and
(9) Assisting DBEs, and other small
businesses, to develop their capability
to utilize emerging technology and
conduct business through electronic
media.
(c) Each time you submit your overall
goal for review by the concerned
operating administration, you must also
submit your projection of the portion of
the goal that you expect to meet through
race-neutral means and your basis for
that projection. This projection is
subject to approval by the concerned
operating administration, in conjunction
with its review of your overall goal.
(d) You must establish contract goals
to meet any portion of your overall goal
you do not project being able to meet
using race-neutral means.
(e) The following provisions apply [o
[he use of contract goals:
(1) You may use contract goals only
on those DOT-assisted convects that
have subcontracting possibilities.
(2) You are not required to set a
convact goal on every DOT-assisted
convact. You are not required to set
each contract goal at the same
percentage level as the overall goal. The
goal for a specific contract may be
higher or lower than that percentage
level of the overall goal, depending on
such factors as the type of work
involved, the location of the work, and
the availability of DBEs for the work of
the particular contract. However, over
the period covered by your overall goal,
you must set contract goals so that they
will cumulatively result in meeting any
portion of your overall goal you do no[
protect being able to meet through the
use of race-neutral means.
(3) Operating administration approval
of each contract goal is not necessarily
required. However, operating
admiNstrations may review and
approve or disapprove any contract goal
you establish.
(4) Your contract goals must provide
for participation by all certified DBEs
and must not be subdivided into group-
specific goals.
(f) To ensure that your DBE program
continues to be narrowly tailored [o
overcome the effects of discrimination,
you must adjust your use of contract
goals as follows:
(I) If your approved projection under
paragraph (c) of this section estimates
that you can meet your entire overall
goal for a given year through race-
neutral means, you must implement
your program without setting contract
goals during that year.
Example [o Paragraph (n(I): Your overall
goal for Year 1 is l2 percent. You estimate
that you can obtain 12 percent or more DBE
participation through the use nfxace-neutral
measures, without any use of contract goals.
In this case, you do not set any contract goals
for the contracts that will he performed in
Year 1.
(2) If, during the course of any year in
which you are using contract goals, you
determine that you will exceed your
overall goal, you must reduce or
eliminate the use of contract goals to the
extent necessary to ensure [hat [he use
of contract goals does no[ result in
exceeding the overall goal. If you
determine that you will Fall short of
your overall goal. then you must make
appropriate modifications in your use of
race-neutral and/or race-conscious
measures to allow you to meet the
overall goal.
Example [o Paragraph (f)(2): In Year II.
your overall goal rs 12 percent. You have
estimated [hat you can obtain 5 percent DBE
participation through use of race-neutral
measures. You therefore plan to obtain the
remaining 7 percent participation through
use of DBE goals. By September. you have
already obtained I1 percent DBE
participation for the year. For contracts let
during the remainder of the year, you use
contract goals only to the extent necessary to
obtain an additional one percent DBE
participation. However, if you detemrine in
September that your participation for the
year is likely to be only 8 percent total. then
you would increase your use of race-neutral
and/or Lace-conscious means during the
remainder of the year in order to achieve
your overall goal.
(3) If [he DBE participation you have
obtained by race-neutral means alone
meets or exceeds your overall goals for
two consecutive years, you are not
required to make a projection of [he
amount of your goal you can meet using
such means in the next year. You do not
set contract goals on any contracts in the
next year. You continue using only race-
neutral means to meet your overall goals
unless and until you do not meet your
overall goal for a year.
Example to Paragraph (n(3): Your overall
goal for Years I and Year II is ]0 percent. The
DBE participation you obtain through race-
neutral measures alone is 10 percent or more
in each year. (For this purpose, i[ does not
matter whether you obtained additional DBE
participation through using contract goals in
these years.) In Year III and following years,
you do not need to make a projection under
paragraph (c) of [his section of the portion of
your overall goal you expect to meet using
race-neutral means. You simply use race-
neutral means to achieve your overall goals.
However, if in Year VI your DBE
participation falls short of your overall goal,
[hen you must make a paragraph (c)
projection for Year VII and, if necessary.
resume use of contract goals in that year.
(4) If you obtain DBE participation
that exceeds your overall goal in two
consecutive years through [he use of
contract goals (i.e., no[ through the use
of race-neutral means alone), you must
reduce your use of contract goals
proportionately in the following year.
Example to Paragraph (n(4): In Years I and
II. your overall goal is 12 percent. and you
obtain 14 and l6 percent DBE participation.
respectively. You have exceeded your goals
over [he two-year period by an average o(25
percent. In Year [II, your overall goal Is again
12 percent and your paragraph (c) projection
estimates that you will obtain 4 percent DBE
participation through race-neutral means and
8 percent through contract goals. You then
reduce the contract goal projection by 25
percent (i.e.. from 8 [0 6 percent) and set
convact goals accordingly during the year. If
in Year I[I you obtain 11 percent
participation, you do not use this mntmct
goal adjustment mechanism for Year IV.
because there have not been two consecurtve
years of exceeding overall goals.
(g) In any year in which you project
meeting part of your goal through race-
neutral means and the remainder
through contract goals, you must
maintain data separately on DBE
achievements in those contracts with
and without contract goals, respectively.
You must repot[ this data to the
concerned operating adminlsVation as
provided in § 26.11.
§ 28.53 What are the good faith efforts
procedures reclplants follow in situadona
where there are contract goals?
(a) When you have established a DBE
contract goal, you must award the
contract only to a bidder/offeror who
makes good faith efforts to meet it. You
must determine that abidder/offeror has
made good faith efforts if the bidder/
5134 Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations
offeror does either of the Following
things:
(I) Documents that it has obtained ..
enough DBE participation to meet the
goal: or
(2) Documents that it made adequate
good faith efforts to meet the goal, even
though it did not succeed In obtaining
enough DBE participation to do so. If
the bidder/offeror does document
adequate good faith efforts, you must
not deny award of the contract on the
basis that the bidder/offeror failed to
meet the goal. See Appendix A of this
part for guidance in determining the
adequacy of a bidder/offeror's good faith
efforts.
(b) In your solicitations for DOT-
assisted contracts for which a contract
goal has been established, you must
require the following:
(1) Award of the contract will be
conditioned on meeting the
requirements of this section;
(2) All bidders/offerors will be
required to submit [he following
information to the recipient, at the time
provided in paragraph (h)(3) of this
section:
(i) The names and addresses of DBE
firms [ha[ will participate in [he
contract;
(ii) A description of the work that
each DBE will perform:
(iii) The dollar amount of the
participation of each DBE firm
participating;
(iv) Written documentation of the
bidder/offeror's commitment to use a
DBE subcontractor whose participation
it submits to meet a contract goal:
(v) Written confirmation from the DBE
that i[ is participating in the contract as
provided in the prime contractor's
commitment; and
(vi) If the contract goal is no[ met.
evidence of good faith efforts (see
Appendix A of this part): and
(3) At your discretion, the bidder/
offeror must present the information
required by paragraph (b)(2) of this
section-
(i) Under sealed bid procedures, as a
matter of responsiveness, or with initial
proposals, under contract negotiation
procedures: or
(ii) At any time before you commit
yourself m [he performance of the
contract by the bidder/offeror, as a
matter of responsibility.
(c) You must make sure all
information is complete and accurate
and adequately documents the bidder/
oFferor's good faith efforts before
committing yourself to the performance
of the contract by [he bidder/offeror.
(d) if you determine that the apparent
successful bidder/offeror has failed to
meet the requirements of paragraph (a)
of this section, you must, before
awarding the contract, provide the
bidder/offeror an opportunity for
administrative reconsideration.
(I) As part of this reconsideration, the
bidder/offeror must have [he
opportunity to provide written
documentation or argument concerning
the issue of whether it met the goal or
made adequate good faith efforts to do
so.
(2) Your decision on reconsideration
must be made by an official who did not
take part In the original determination
[hat the bidder/offeror failed to meet the
goal or make adequate good faith efforts
[o do so.
(3) The bidder/offeror must have the
opportunity to meet in person with your
reconsideration official to discuss [he
issue of whether it met the goal or made
adequate good faith efforts to do so.
(4) You must send [he bidder/offeror
a written decision on reconsideration,
explaining the basis for finding that the
bidder did or did not meet the goal or
make adequate good faith efforts to do
so.
(5) The result of the reconsideration
process 1s no[ administratively
appealable to the Department of
Transportation.
(e) Ina "design-build" or "turnkey"
contracting situation, in which the
recipient lets a master contract to a
contractor, who in turn lets subsequent
subcontracts for the work of [he project,
a recipient may establish a goal for the
project. The master contractor then
establishes contract goals, as
appropriate, for the subcontracts i[ lets.
Recipients must maintain oversight of
[he master contractor's activities to
ensure that they are conducted
consistent with the requirements of this
part.
(t)(I) You must require that a prime
contractor not terminate for
convenience a DBE subcontractor listed
in response [o paragraph (b)(2) of this
section (or an approved substitute DBE
firm) and then perform the work of the
terminated subconvact with its own
forces or those of an affiliate. without
your prior written consent.
(2) When a DBE subcontractor is
terminated. or fails to complete its work
on the conVact for any reason, you must
require the prime contractor to make
good faith efforts to find another DBE
subcontractor [o substitute for the
original DBE. These good faith efforts
shall be directed at finding another DBE
to perform at leas[ the same amount of
work under the contract as the DBE that
was terminated, to the extent needed to
meet the contract goal you established
for the procurement.
(3) You must include in each prime
contract a provision for appropriate
administrative remedies that you will
invoke if the prime contractor fails [o
comply with the requirements of this
section.
(g) You must apply the requirements
of this section to DBE bidders/offerors
for prime contracts. In determining
whether a DBE bidder/offeror for a
prime contract has met a contract goal,
you count the work the DBE has
committed to performing with its own
forces as well as the work that it has
committed to be performed by DBE
subcontractors and DBE suppliers.
§ 26.55 How is DBE participatlon counted
toward goals?
(a) When a DBE participates in a
contract, you count only the value of the
work actually performed by the DBE
toward DBE goals.
(1) Count the entire amount of that
portion of a construction contract (or
other contract not covered by paragraph
(a)(2) of this section) that is performed
by [he DBE's own Forces. Include the
cost of supplies and materials obtained
by the DBE for the work of the contract,
including supplies purchased or
equipment leased by the DBE (except
supplies and equipment the DBE
subcontractor purchases or leases from
the prime contractor or its affiliate).
(2) Count the entire amount of fees or
commissions charged by a DBE firm for
providing a bona fide service, such as
professional, technical. consultant, or
managerial services, or for providing
bonds or insurance specifically required
for the performance of aDOT-assisted
contract, toward DBE goals, provided
you determine the fee to be reasonable
and not excessive as compared with fees
customarily allowed for similaz services.
(3) When a DBE subcontracts part of
the work of its contract to another firm,
the value of the subcontracted work may
be counted toward DBE goals only if the
DBE's subcontractor is itself a DBE.
Work that a DBE subcontracts to a non-
DBE firm does not count toward DBE
goals.
(b) When a DBE performs as a
participant in a join[ venture, count a
portion of the total dollar value of the
contract equal to [he distinct, clearly
defined portion of the work of the
contract that the DBE performs with its
own forces toward DBE goals.
(c) Count expenditures to a DBE
convactor toward DBE goals only if the
DBE is performing a commercially
useful function on [hat contract.
(1) A DBE performs a commercially
useful function when it is responsible
for execution of the work of the contract
and is carying out its responsibilities
Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations 5135
by actually performing. managing, and
supervising the work involved. To
perform a commercially useful function,
the DBE must also be responsible, with
respect to materials and supplies used
on the contract, for negotiating price,
determining quality and quantity,
ordering the material, and installing
(where applicable) and paying for the
material itself. To determine whether a
DBE is performing a commercially
useful function. you must evaluate [he
amount of work subcontracted, industry
practices, whether the amount the firm
is to be paid under the contract is
commensurate with the work it is
actually performing and the DBE credit
claimed for its performance of [he work,
and other relevant factors.
(2) A DBE does not perform a
commercially useful function if its role
is limited to that of an extra participant
in a transaction, contract, or project
through which funds are passed in order
to obtain the appearance of DBE
participation. In determining whether a
DBE is such an extra participant, you
must examine similar transactions.
particularly those in which DBEs do not
participate.
(3) I a DBE does not perform or
exercise responsibility for at least 30
percent of the total cost of its contract
with its own work force, or the DBE
subcontracts a greater portion of the
work of a contract than would be
expected on the basis of normal
industry practice for the type of work
involved, you must presume that it is
not performing a commercially useful
function.
(4) When a DBE is presumed no[ to be
performing a commercially useful
function as provided in paragraph (c) (3)
of this section, the DBE may present
evidence to rebut this presumption. You
may determine that the firm is
performing a commercially useful
function given the type of work
involved and normal industry practices.
(5) Your decisions on commercially
useful function matters are subject to
review by the concerned operating
administration, but are not
administratively appealable to DOT.
(d) Use the following factors in
determining whether a DBE [rucking
company is performing a commercially
useful function:
(1) The DBE must be responsible for
the management and supervision of the
entire [tucking operation for which it is
responsible on a particular conVact, and
there cannot be a contrived arrangement
for the purpose of meeting DBE goals.
(2) The DBE must itself own and
operate at least one fully licensed.
insured, and operational truck used on
the contract.
(3) The DBE receives credit for the
total value of the transportation services
it provides on [he contract using [rucks
it owns, insures. and operates using
drivers it employs.
(4) The DBE may lease trucks from
another DBE firm, including an owner-
operator who is certified as a DBE. The
DBE who leases trucks from another
DBE receives credit For [he total value of
the transportation services [he lessee
DBE provides on the contract.
(5) The DBE may also lease trucks
from anon-DBE firm, including an
owner-operator. The DBE who leases
[rucks from anon-DBE is entitled to
credit only for the fee or commission it
receives as a result of the lease
arrangement. The DBE does not receive
credit for the total value of the
transportation services provided by the
lessee, since these services are no[
provided by a DBE.
(6) For purposes of this paragraph (d),
a lease must indicate [hat the DBE has
exclusive use of and control over the
truck. This does not preclude [he leased
truck from working for others during the
term of [he lease with the consent of the
DBE, so long as the lease gives the DBE
absolute priority for use of the leased
truck. Leased trucks must display the
name and identification number of the
DBE.
(e) Count expenditures with DBEs for
materials or supplies toward DBE goals
as provided in the following:
(1)(i) If the materials or supplies are
obtained from a DBE manufacturer.
count 100 percent of the cost of the
materials or supplies toward DBE goals.
(ii) For purposes of this paragraph
(e)(1), a manufacturer is a firm that
operates or maintains a factory or
establishment that produces, on the
premises, the materials, supplies.
articles, or equipment required under
the conVact and of [he general character
described by the specifications.
(2)(i) If the materials or supplies are
purchased from a DBE regular dealer,
count 60 percent of the cost of the
materials or supplies toward DBE goals.
(ii) For purposes of this section, a
regular dealer 1s a Firm that owns.
operates. or maintains a store.
warehouse, or other establishment in
which [he materials, supplies, articles or
equipment of the general character
described by the specifications and
required under [he contract are bought.
kept in stock, and regularly sold or
leased to the public in [he usual course
of business.
(A) To be a regular dealer, the firm
must be an established, regular business
that engages, as its principal business
and under its own name, in [he
purchase and sale or lease o(the
products in question.
(B) A person may be a regular dealer
in such bulk items as petroleum
products, steel, cement, gravel, stone, or
asphalt without owning, operating, or
maintaining a place of business as
provided in this paragraph (e)(2)(ii) if
[he person both owns and operates
distribution equipment for [he products.
Any supplementing of regular dealers'
own distribution equipment shall be by
a long-term lease agreement and not on
an ad hoc or contract-by-contract basis.
(C) Packagers, brokers, manufacturers'
representatives. or other persons who
arrange or expedite transactions are not
regular dealers within the meaning of
this paragraph (e)(2).
(3) With respect to materials or
supplies purchased from a DBE which
is neither a manufacturer nor a regular
dealer, count the entire amount of fees
or commissions charged for assistance
in the procurement of the materials and
supplies, or fees or transportation
charges for the delivery of materials or
supplies required on ajob site, toward
DBE goals, provided you determine the
fees to be reasonable and not excessive
as compared with fees customarily
allowed for similar services. Do not
count any portion of the cost of the
materials and supplies themselves
toward DBE goals, however.
(t) If a firm is not currently certified
as a DBE in accordance with [he
standards of subpart D of this part at the
time of the execution of the conVact, do
not count [he firm's participation
toward any DBE goals, except as
provided for In § 26.87(1)).
~ Do not count the dollar value of
work performed under a contract with a
firth after it has ceased to be certified
toward your overall goal.
(h) Do no[ count [he participation of
a DBE subcontractor toward the prime
contractor's DBE achievements or your
overall goal until the amount being
counted toward the goal has been paid
to [he DBE.
Subpart D-Certification Standards
§ 26.67 How are burdens of proof allrxatad
In the certiflratlon procass7
(a) In determining whether to certify
a firm as eligible to participate as a DBE.
you must apply [he standards of [his
subpart.
(b) The firm seeking certification has
[he burden of demonsvating [o you, by
a preponderance of the evidence, that it
meets the requirements of this subpart
concerning group membership or
individual disadvantage. business size,
ownership, and control.
(c) You must rebuttably presume that
members of the designated groups
5136 Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations
identified in § 26.67(a) are socially and
economically disadvantaged. This
means that they do not have the burden
of proving to you that [hey are socially
and economically disadvantaged.
However, applicants have the obligation
to provide you information concerning
their economic disadvantage (see
§ 26.67).
(d) Individuals who are not presumed
to be socially and economically
disadvantaged, and individuals
concerning whom the presumption of
disadvantage has been rebutted, have
the burden of proving [o you, by a
prepunderance of [he evidence, that
they are socially and economically
disadvantaged. (See Appendix E of this
part.)
(e) You must make determinations
concerning whether individuals and
firms have met their burden of
demonstrating group membership,
ownership, control, and social and
economic disadvantage (where
disadvantage must be demonstrated on
an individual basis) by considering all
the facts in the record, viewed as a
whole.
§26.63 What rules govam group
membership determinations?
(a) If you have reason to question
whether an individual is a member of a
group [hat is presumed [o be socially
and economically disadvantaged, you
must require the individual to
demonstrate, by a preponderance of the
evidence, that he or she is a member of
the ggroup.
(b) In making such a determination,
you must cort~ider whether [he person
has held himself out [o be a member of
the group over a long period of time
prior to application for certification and
whether the person is regarded as a
member of the group by the relevant
community. You may require the
applicant to produce appropriate
documentation of group membership.
(I) If you determine that an individual
claiming [o be a member of a group
presumed to be disadvantaged is not a
member of a designated disadvantaged
group, the individual must demonstrate
social and economic disadvantage on an
individual basis.
(2) Your decisions conceming
membership in a designated group are
subject [o the certification appeals
procedure of § 26.89.
§ 28.66 What rules govam business size
datarminatlons7
(a) To be an eligible DBE, a firm
(including its affiliates) must be an
existing small business. as defined by
Small Business Administration (SBA)
standards. You must apply current SBA
business size standard(s) found in 13
CFR part 121 appropriate to the type(s)
of work the (irm seeks to perform in
DOT-assisted contracts.
(b) Even if it meets the requirements
of paragraph (a) of this section, a firm
is not an eligible DBE in any Federal
fiscal year if the firm (including its
affiliates) has had average annual gross
receipts, as defined by SBA regulations
(see 13 CFR 121.402), over the firm's
previous three fiscal years. in excess of
$16.6 million. The Secretary adjusts this
amount for inflation from time to time.
§26.67 What rules determine social and
economic disadvantage?
(a) Presumption of disadvantage. (I)
You must rebuttably presume that
citizens of the United Slates (or lawfully
admitted permanent residents) who are
women. Black Americans. Hispanic
Americans, Native Americans, Asian-
Pacific Americans, Subcontinent Asian
Americans, or other minorities found to
be disadvantaged by the SBA, are
socially and economically
disadvantaged individuals. You must
require applicants to submit a signed,
notarized certification that each
presumptively disadvantaged owner is.
in fact, socially and economically
disadvantaged.
(2) (i) You must require each
individual owner of a firm applying to
participate as a DBE whose ownership
and control are relied upon for DBE
certification to submit a signed,
notarized statement of personal net
worth, with appropriate supporting
documentation.
(ii) In determining net worth, you
must exclude an individual's ownership
interest in the applicant firm and the
individual's equity in his or her primary
residence (except any portion of such
equity that is attributable to excessive
withdrawals from the applicant firm). A
contingent liability does no[ reduce an
individual's net worth. The personal net
worth of an individual claiming [o be an
Alaska Native will include assets and
income From sources other than an
Alaska Native Corporation and exclude
any of [he fallowing which the
individual receives from any Alaska
Native Corporation: cash (Including
cash dividends on stock received from
an ANC) to [he extent that it does not,
in the aggregate, exceed $2.000 per
individual per annum: stock (including
stock issued or distributed by an ANC
as a dividend or distribution on stock);
a partnership interest; land or an
interest in land (including land or an
interest in land received from an ANC
as a dividend or distribution on stock);
and an interest in a settlement trust.
(b) Rebuttal of presumption of
disadvantage. (I) If the statement of
personal net worth that an individual
submits under paragraph (a)(2) of [his
section shows that the individual's
personal net worth exceeds $750,000,
the individual's presumption of
economic disadvantage is rebutted. You
are not required to have a proceeding
under paragraph (b)(2) of [his section in
order to rebut the presumption of
economic disadvantage in this case.
(2) If you have a reasonable basis to
believe that an individual who is a
member of one of the designated groups
is not, in fact, socially and/or
economically disadvantaged you may, at
any time, start a proceeding to
determine whether the presumption
should be regarded as rebutted with
respect to that individual. Your
proceeding must follow the procedures
of § 26.87.
(3) In such a proceeding, you have the
burden of demonstrating, by a
preponderance of the evidence, that the
individual is not socially and
economically disadvantaged. You may
require the individual to produce
information relevant to the
determination of his or her
disadvantage.
(4) When an individual's presumption
of social and/or economic disadvantage
has been rebutted, his or her ownership
and control of the firm in question
cannot be used for purposes of DBE
eligibility under this subpart unless and
until he or she makes an individual
showing of social and/or economic
disadvantage. If the basis for rebutting
the presumption is a determination that
the individual's personal net worth
exceeds $750,000, the individual is no
longer eligible for participation in the
program and cannot regain eligibility by
making an individual showing of
disadvantage.
(c) 8(a) and SDB Firms. If a Firm
applying for certification has a cutrent,
valid certification from or recognized by
the SBA under the 8(a) or small and
disadvantaged business (SDB) program
(except an SDB certification based on
the firm's self-certlflcation as an SDB),
you may accept the firm's 8(a) or SDB
certification in lieu of conducting your
own certification proceeding, just as you
may accept the certification of another
DOT recipient for this purpose. You are
not required to do so, however.
(d) Individual determinations of
social and economic disadvantage.
Firms owned and controlled by
individuals who are not presumed to be
socially and economically
disadvantaged (including Individuals
whose presumed disadvantage has been
rebutted) may apply far DBE
Federal Register/Vol. 64, No. 21/Tuesday. February 2, 1999/Rules and Regulations 5137
certification. You must make acase-by-
case determination of whether each
individual whose ownership and -
control are relied upon for DBE
certification is socially and
economically disadvantaged. In such a
proceeding, [he applicant firm has the
burden of demonstrating to you, by a
preponderance of the evidence. that the
individuals who own and control it are
socially and economically
disadvantaged. An individual whose
personal net worth exceeds $750,000
shall not be deemed to be economically
disadvantaged. In making these
determinations, use [he guidance Cound
in Appendix E of this part. You must
require [hat applicants provide
sufficient information to permit
determinations under the guidance of
Appendix E of this part.
§ 26.69 What rules govern determinations
of ownership?
(a) In determining whether the
socially and economically
disadvantaged participants in a firm
own the firm, you must consider all the
facts in the record, viewed as a whole.
(b) To be an eligible DBE, a firm must
be at least 51 percent owned by socially
and economically disadvantaged
individuals.
(l) In [he case of a corporation, such
individuals must own at least 51
percent of the each class of voting stock
outstanding and 51 percent of [he
aggregate of all stock outstanding.
(2) In the case of a partnership, 51
percent of each class of partnership
interest must be owned by socially and
economically disadvantaged
individuals. Such ownership must be
refec[ed in [he firm's partnership
agreement.
(3) In [he case of a limited liability
company, at least 5l percent of each
class of member interest must be owned
by socially and economically
disadvantaged individuals.
(c) The firm's ownership by socially
and economically disadvantaged
individuals must be real, substantial.
and continuing, going beyond pro forma
ownership of the firm as reflected in
ownership documents. The
disadvantaged owners must enjoy the
customary incidents of ownership, and
share in the risks and profits
commensurate with their ownership
interests, as demonstrated by the
substance, not merely the form, of
arrangements.
(d) All securities [hat constitute
ownership of a firm shall be held
directly by disadvantaged persons.
Except as provided in this paragraph
(d), no securities or assets held in [nest,
or by any guardian for a minor. are
considered as held by disadvantaged
persons in determining [he ownership
of a firm. However, securities or assets
held in trust are regarded as held by a
disadvantaged individual for purposes
of determining ownership of the firth,
if-
(I) The beneficial owner of securities
or assets held in trust is a disadvantaged
individual, and [he trustee is the same
or another such individual; or
(2) The beneficial owner of a mist is
a disadvantaged individual who. rather
than the trustee, exercises effective
control over the management, policy-
making. and daily operational activities
of [he firm. Assets held in a revocable
living trust may be counted only in the
situation where the same disadvantaged
individual is the sole grantor,
beneficiary, and trustee.
(e) The contributions of capital or
expertise by [he socially and
economically disadvantaged owners to
acquire their ownership interests must
be real and substantial. Examples of
insufficient contributions Include a
promise to contribute capital, an
unsecured note payable to the firm or an
owner who is not a disadvantaged
individual. or mere participation in a
firm's activities as an employee. Debt
instruments from financial institutions
or other organizations that lend funds in
the normal course of their business do
no[ render a firm ineligible, even if the
debtor's ownership interest is security
for the loan.
(t) The following requirements apply
[o situations in which expertise is relied
upon as part of a disadvantaged owner's
contribution to acquire ownership:
(I) The owner's expertise must be-
(i) In a specialized field:
(ii) Of outstanding quality;
(ill) In areas critical to the firm's
operations;
(iv) Indispensable to the firrti s
potential success;
(v) Specific to the type of work the
Brm performs; and
(vi) Documented in the records of the
firm. These records must clearly show
the convibution of expertise and its
value to the firm.
(2) The individual whose expertise is
relied upon must have a significant
financial Investment in the firm.
(p) You must always deem as held by
a socially and economically
disadvantaged individual, for purposes
of determining ownership, all interests
in a business or other assets obtained by
[he individual-
(1) As the result of a final property
settlement or court order in a divorce or
legal separation, provided that no term
or condition of the agreement or divorce
decree is inconsistent with this section;
or
(2) Through inheritance, or otherwise
because of the death of the former
owner.
(h)(1) You must presume as not being
held by a socially and economically
disadvantaged individual, for purposes
of determining ownership, all interests
in a business or other assets obtained by
the individual as the result of a gift, or
transfer without adequate consideration,
from any non-disadvantaged individual
or non-DBE firm who is-
(i) Involved in the same firm for
which [he individual is seeking
certification, or an affiliate of that firm;
(ii) Involved in the same or a similar
line of business; or
(iii) Engaged in an ongoing business
relationship with the firm, or an affiliate
of [he firm, for which the individual is
seeking certification.
(2) o overcome this presumption and
permit the interests or assets to be
counted, [he disadvantaged individual
must demonstrate [o you. by clear and
convincing evidence. Ihat-
(i) The gift or transfer to the
disadvantaged individual was made for
reasons other than obtaining
certification as a DBE; and
(ii) The disadvantaged individual
actually controls the management,
policy, and operations of [he firm,
notwithstanding the continuing
participation of anon-disadvantaged
individual who provided the gift or
transfer.
(i) You must apply the following rules
in situations in which marital assets
form a basis for ownership of a firm:
(1) When marital assets (other than
the assets of the business in question),
heldjoindy or as community property
by both spouses, are used [o acquire the
ownership interest asserted by one
spouse, you must deem the ownership
interest in the firm to have been
acquired by that spouse with his or her
own individual resources, provided [hat
the other spouse irrevocably renounces
and Vansfets all rights in the ownership
interest in the manner sanctioned by the
laws of the state in which either spouse
or the firrtr is domiciled. You do not
count a greater portion ofjoin[ or
community property assets toward
ownership than state law would
recognize as belonging to the socially
and economically disadvantaged owner
of the applicant firm.
(2) A copy of the document legally
transferring and renouncing the other
spouse's rights in the jointly owned or
community assets used to acquire an
ownership interest in [he firm must be
included as part of the firm's
application for DBE certification.
5138 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
(j) You may consider the following
factors in determining the ownership of
a firm. However. you must not regard a-
contribution of capital as failing to be
real and substantial, or find a firm
ineligible, solely because-
(1) Asocially and economically
disadvantaged individual acquired his
or her ownership interest as the result
of a gift. or transfer without adequate
consideration, other than the types set
forth in paragraph (h) of this sec(lon;
(2) There is a provision for the co-
signature of a spouse who is not a
socially and economically
disadvantaged individual on financing
agreements, contracts for the purchase
or sale of real or personal property. bank
signature cards, or other documents: or
(3) Ownership of the Firm in question
or its assets is transferred for adequate
consideration from a spouse who is not
a socially and economically
disadvantaged individual to a spouse
who is such an individual. In this case,
you must give particularly close and
careful scrutiny to the ownership and
control of a firm to ensure that it is
owned and controlled, in substance as
well as in form, by a socially and
economically disadvantaged individual.
§ 26.71 What rules govern determinations
concerning control?
(a) In determining whether socially
and economically disadvantaged owners
control a firm, you must consider all the
facts in the record. viewed as a whole.
(b) Only an independent business
may be certified as a DBE. An
independent business is one the
viability of which does not depend on
its relationship with another firm or
firms.
(1) In determining whether a potential
DBE is an independent business. you
must scrutinize relationships with non-
DBE firms, in such areas as personnel.
facilities, equipment, financial and/or
bonding support, and other resources.
(2) You must consider whether
present or recent employer/employee
relationships between [he
disadvantaged owner(s) of the potential
DBE and non-DBE t`irms or persons
associated with non-DBE firms
compromise the Independence of the
potential DBE firm.
(3) You must examine the Firm's
relationships with prime contractors to
determine whether a pattern of
exclusive or primary dealings with a
prime contractor compromises the
independence of the potential DBE firm.
(4) In considering factors related to
the independence of a potential DBE
firm, you must consider the consistency
of relationships between the potential
DBE and non-DBE firms with normal
Industry practice.
(c) A DBE Firm must no[ be subJect to
any formal or informal restrictions
which Iimi[ [he customary discretion of
the socially and economically
disadvantaged owners. There can be no
restrictions through corporate charter
provisions, by-law provisions, contracts
or any other formal or informal devices
(e.g., cumulative voting rights, voting
powers attached to different classes of
stock. employment contracts.
requirements for concurrence by non-
disadvantaged partners, conditions
precedent or subsequent, executory
agreements, voting trusts. restrictions on
or assignments of voting rights) that
prevent the socially and economically
disadvantaged owners, without the
cooperation or vote of any non-
disadvantaged individual, from making
any business decision of the firm. This
paragraph does not preclude a spousal
co-signature on documents as provided
for in § 26.69(j)(2).
(d) The socially and economically
disadvantaged owners must possess the
power to direct or cause the direction of
the management and policies of the firm
and [o make day-to-day as well as long-
term decisions on matters of
managgement, policy and operations.
(1) A disadvantaged owner must hold
the highest officer position in the
company (e.g.. chief executive officer or
president).
(2) In a corporation, disadvantaged
owners must control the board of
directors.
(3) In a partnership, one or more
disadvantaged owners must serve as
general partners, with control over all
partnership decisions.
(e) Individuals who are not socially
and economically disadvantaged may be
involved in a DBE firm as owners,
managers, employees, stockholders,
officers, and/or directors. Such
Individuals must not, however, possess
or exercise the power to control [he
firm, or be disproportionately
responsible for the operation of the firm.
(f) The socially and economically
disadvantaged owners of the firm may
delegate various areas of [he
management. policymaking, or daily
operations of the firm [o other
participants in [he firm, regardless of
whether these participants are socially
and economically disadvantaged
individuals. Such delegations of
authority must be revocable, and the
socially and economically
disadvantaged owners must retain the
power to hire and fire any person [o
whom such authority is delegated. The
managerial role of the socially and
economically disadvantaged owners in
the firm's overall affairs must be such
that the recipient can reasonably
conclude that the socially and
economically disadvantaged owners
actually exercise control over the firm's
operations, management, and policy.
(g) The socially and economically
disadvantaged owners must have an
overall understanding of, and
managerial and technical competence
and experience directly related to, the
type of business in which the firm is
engaged and [he firm's operations. The
socially and economically
disadvantaged owners are not required
to have experience or expertise in every
critical area of [he firm's operations, or
to have greater experience or expertise
in a given Field than managers or key
employees. The socially and
economically disadvantaged owners
must have [he ability to intelligently
and critically evaluate information
presented by other participants in the
firm's activities and to use [his
information [o make independent
decisions concerning the firm's daily
operations, management, and
policymaking. Generally, expertise
limited to office management,
administration, or bookkeeping
functions unrelated to the principal
business activities of the Firm is
insufficient [o demonstrate control.
(h) If state or local law requires the
persons to have a particular license or
other credential in order to own and/or
control a certain type of firm, then the
socially and economically
disadvantaged persons who own and
control a potential DBE firm of that type
must possess the required license or
credential. if state or local law does not
require such a person to have such a
license or credential to own and/or
control a firm, you must not deny
certification solely on the ground that
the person lacks the license or
credential. However, you may take into
account the absence of the license or
credential as one factor in determining
whether the socially and economically
disadvantaged owners actualty control
the firm.
(i)(1) You may consider differences in
remuneration between [he socially and
economically disadvantaged owners and
other participants in the farm in
determining whether [o certify a fine as
a DBE. Such consideration shall be in
the context of the duties of the persons
involved, normal industry practices, the
flrrri s policy and practice concerning
reinvestment of income, and any other
explanations for the differences
proffered by the firm. You may
determine that a fine is controlled by its
socially and economically
disadvantaged owner although that
Federal Register/Vol. 64, No. 2l/Tuesday, February 2. 1999/Rules and Regulations 5139
owner's remuneraion is lower than [ha[
of some other participants in the firm.
(2) In a case where anon- -
diszdvan[zged individual formerly
controlled the fine, and a socially and
economically disadvantaged Individual
now controls it. you may consider a
difference between the remuneration of
the former and current controller of the
firm as a factor in de[ennining who
controls the firm, particularly when the
non-disadvantaged individual remains
involved with the firm and continues to
receive greater compensation than the
disadvantaged individual.
(j) In order to he viewed as controlling
a firm, a socially and economically
disadvantaged owner cannot engage in
outside employment or other business
interests that conflict with the
management of the firm or prevent the
individual from devoting sufficient time
and attention to the affairs of the Firm
to control its activities. For example,
absentee ownership of a business and
part-time work in a full-time firm are
not viewed as constituting control.
However, an individual could be
viewed as controlling apart-time
business that operates only on evenings
and/or weekends, if the individual
controls it all the time it is operating.
(k)(1) A socially and economically
disadvantaged individual may control a
firm even [hough one or more of the
individual's immediate family members
(who themselves are not socially and
economically disadvantaged
individuals) participate in the firm as a
manager, employee, owner, or in
another capacity. Except as otherwise
provided in this paragraph, you must
make a judgment about [he control the
socially and economically
disadvantaged owner exercises vis-a-vis
other persons Involved in [he business
as you do in other situations, without
regard to whether or not the other
persons are immediate family members.
(2) If you cannot determine that the
socially and economically
disadvantaged owners-as distinct from
the family as awhole-control the firm,
then the socially and economically
disadvantaged owners have failed to
carry their burden of proof concerning
control, even though they may
participate significantly in the firm's
activities.
(1) Where a firm was formerly owned
and/or controlled by a non-
disadvantaged individual (whether or
not an immediate family member).
ownership and/or control were
transferred to a socially and
economically disadvantaged individual,
and the non-disadvantaged individual
remains involved with the firm in any
capacity, the disadvantaged individual
now owning the firm must demonsvate
to you, by clear and convincing
evidence, that
(I) The transfer of ownership and/or
control to [he disadvantaged individual
was made for reasons other than
obtaining certification as a DBE; and
(2) The disadvantaged individual
actually controls the management.
policy, and operations of the firm,
notwithstanding the continuing
participation of anon-disadvantaged
individual who formerly owned and/or
controlled the firm.
(m) In determining whether a firth is
controlled by its socially and
economically disadvantaged owners,
you may consider whether the firm
owns equipment necessary [o perform
its work. However, you must not
determine that a firm is not controlled
by socially and economically
disadvantaged individuals solely
because [he firm leases, rather than
owns, such equipment, where leasing
equipment is a normal industry practice
and the lease does not involve a
relationship with a prime contractor or
other party that compromises the
independence of the firm.
(n) You must grant certification to a
firm only for specific types of work in
which the socially and economically
disadvantaged owners have [he ability
to control the firm. To become certified
in an additional type of work, the firm
need demonstrate to you only that its
socially and economically
disadvantaged owners are able to
control the firm with respect to that type
of work. You may not, in this situation,
require that the firm be recertified or
submit a new application for
certification, but you must verify the
disadvantaged owner's convol of the
firm in the additional type of work.
(o) A business operating under a
fmnchise or license agreement may be
certified if it meets the standards in this
subpart and the franchiser or licenser is
not affiliated with the franchisee or
licensee. In determining whether
affiliation exists, you should generally
not consider the restraints relating to
standardized quality, advertising,
accounting forma[, and other provisions
imposed on the franchisee or licensee
by the franchise agreement or license,
provided that the franchisee or licensee
has the right [o profit from its efforts
and bears the risk of loss commensurate
with ownership. Alternatively, even
though a franchisee or licensee may no[
be controlled by virtue of such
provisions in the franchise agreement or
license, affiliation could arise through
other means, such as common
management or excessive restrictions on
[he sale or transfer of [he franchise
interest or license.
(p) In order for a partnership to be
controlled by socially and economically
disadvantaged individuals, any non-
disadvantaged partners must not have
the power, without the specific written
concurrence of the socially and
economically disadvantaged partner(s),
to contractually bind [he partnership or
subject the partnership to contract or
tort liability.
(q) The socially and economically
disadvantaged individuals controlling a
firm may use an employee leasing
company. The use of such a company
does not preclude the socially and
economically disadvantaged individuals
from controlling their Firm if they
continue to maintain an employer-
employee relationship with the leased
employees. This includesbeing
responsible for hiring, firing, vaining,
assigning, and otherwise convolling the
on-the job activities of the employees, as
well as ultimate responsibility for wage
and [ax obligations related to the
employees.
§ 26.73 What are other rules aflecting
certiflcatlon7
(a)(1) Consideration of whether a firm
performs a commercially useful
function or is a regular dealer pertains
solely to counting toward DBE goals the
participation of firms that have already
been certified as DBEs. Except as
provided in paragraph (a)(2) of this
section, you must not consider
commercially useful function issues in
any way in making decisions about
whether to certify a fine as a DBE.
(2) You may consider, in making
certification decisions. whether a fine
has exhibited a pattern of conduct
indicating its involvement in attempts
to evade or subvert the intent or
requirements of [he DBE program.
(b) You must evaluate the eligibility of
a firm on the basis of present
circumstances. You must no[ refuse to
certify a fine based solely on historical
information indicating a lack of
ownership or control of the firm by
socially and economically
disadvantaged individuals a[ some time
in the past, if the firm currently meets
the ownership and control standards of
[his part. Nor must you refuse to certify
a firm solely on the basis that it is a
newly formed firm.
(c) DBE firms and firms seeking DBE
certification shall cooperate Cully with
your requests (and DOT requests) for
information relevant to the certification
process. Failure or refusal to provide
such information is a ground for a
denial or removal of certification.
5140 Federal Register/Vol. 64, No. ZI/Tuesday, February 2, 1999/Rules and Regulations
(d) Only firms organized for profit
may be eligible DBEs. Not-for-profit
organizations, even though controlled -
by socially and economically
disadvantaged individuals, are not
eliggible to be certified as DBEs.
(e) An eligible DBE firm must be
owned by individuals who are socially
and economically disadvantaged.
Except as provided in this paragraph, a
firm that is not owned by such
individuals, but instead is owned by
another firm-even a DBE firm-cannot
be an eligible DBE.
(Q If socially and economically
disadvantaged individuals own and
control a firm through a parent or
holding company, established for tax.
capitalization or other purposes
consistent with industry practice, and
the parent or holding company in turn
owns and controls an operating
subsidiary, you may certify the
subsidiary if it otherwise meets all
requirements of this subpart. In this
situation, the individual owners and
controllers of the parent or holding
company are deemed to control [he
subsidiary through the parent or holding
company.
(2) You may certify such a subsidiary
only if [here is cumulatively 5l percent
ownership of the subsidiary by socially
and economically disadvantaged
individuals. The Following examples
illustrate how this cumulative
ownership provision works:
Example /: Socially and economically
disadvantaged individuals own 100 percent
of a holding company, which has awholly-
owned subsidiary. The subsidiary may be
certified, if it meets all other requirements.
Example 2: Disadvantaged Individuals own
100 percent of [he holding company. which
owns S l percent of a subsidiary. The
subsidiary may be certified. if all other
requirements are me[.
Example 3: Disadvantaged Individuals own
80 percent of the holding company, which in
turn owns 70 percent of a subsidiary. In [his
case, the cumulative ownership of the
subsidiary by disadvantaged individuals is
5fi percent (80 percent of the 70 percent).
This is more than S l percent. so you may
certify the subsidiary, if all other
requirements are met.
Examp/e 4: Same as Example 2 or 3, but
someone other than the socially and
economically disadvantaged owners of the
parent or holding company controls the
subsidiary. Even though the subsidiary is
owned by disadvantaged individuals,
through [he holding or parent company, you
cannot certify i[ because it fails [o meet
control requirements.
Example 5.' Disadvantaged individuals own
60 percent of the holding company, which in
turn owns 5l percent of a subsidiary. In this
case, [he cumulative ownership of [he
subsidiary by disadvantaged individuals is
about 31 percent This is less than 51
percent, so you cannot certify the subsidiary.
Example 6: The holding company, in
addition to the subsidiary seeking
certification, owns several other companies.
The combined gross receipts o(the holding
companies and its subsidiaries are greater
than the size standard for [he subsidiary
seeking certification and/or the gross receipts
cap of § 26.65(b). Under the rules concerning
affiliation, the subsidiary fails to meet [he
size standard and cannot be certified.
(Q Recognltbn of a business as a
separate entity for tax or corporate
purposes is not necessarily sufficient to
demonstrate that a firm is an
independent business, owned and
controlled by socially and economically
disadvantaged individuals.
(g) You must not require a DBE firm
to be prequalified as a condition for
certification unless the recipient
requires all firms that participate in its
contracts and subcontracts to be
preqqualitied.
(h) A firm that is owned by an Indian
tribe, Alaska Native Corporation, or
Native Hawaiian organization as an
entity, rather than by Indians. Alaska
Natives. or Native Hawaiians as
individuals, may be eligible For
certification. Such a firm must meet the
size standards of § 26.65. Such a firm
must be controlled by socially and
economically disadvantaged
individuals, as provided in § 26.71.
Subpart E~ertification Procedures
§26.61 What are the requirements for
Unified Certlflcation Programs?
(a) You and all other DOT recipients
in your state must participate in a
Unified Certification Program (UCP).
(I) Within three years of March 4.
1999, you and the other recipients in
your state must sign an agreement
establishing the UCP for that state and
submit the agreement to the Secretary
for approval. The Secretary may, on [he
basis of extenuating circumstances
shown by the recipients in the state,
extend this deadline for no more than
one additional year.
(2) The agreement must provide for
the establishment of a UCP meeting all
the requirements of this sectlon. The
agreement must specify [hat the UCP
will follow all certification procedures
and standards of this part, on the same
basis as recipients; that the UCP shall
cooperate fully with oversight, review,
and monitoring activities of DOT and its
operating administrations; and that the
UCP shall implement DOT directives
and guidance concerning certification
matters. The agreement shall also
commit recipients to ensuring that the
UCP has sufficient resources and
expertise to carry out the requirements
of this part. The agreement shall include
an implementation schedule ensuring
that the UCP is fully operational no later
than l8 months following the approval
of the agreement by the Secretary.
(3) Subject to approval by the
Secretary. the UCP in each state may
take any form acceptable to the
recipients in that state.
(4) The Secretary shall review [he
UCP and approve it, disapprove it, or
remand it to the recipients in [he state
for revisions. A complete agreement
which is not disapproved or remanded
within 180 days of its receipt is deemed
to be accepted.
(5) If you and the other recipients in
your state fail to meet the deadlines set
forth in [his paragraph (a), you shall
have the opportunity to make an
explanation to the Secretary why a
deadline could not be met and why
meeting the deadline was beyond your
control. If you fail to make such an
explanation, or the explanation does not
justify the failure to meet the deadline,
the Secretary shall direct you to
complete the required action by a date
certain. If you and the other recipients
fail to carry out [his direction in a
timely manner, you are collectively in
noncompliance with [his part.
(b) The UCP shall make all
certification decisions on behalf of all
DOT recipients in the state with respect
to participation in the DOT DBE
Program.
(I) Certification decisions by the UCP
shall be binding on all DOT recipients
within the state.
(2) The UCP shall provide "one-stop
shopping" to applicants for
certification, such that an applicant is
required to apply only once for a DBE
certification that will be honored by all
recipients in the state.
(3) All obligations of recipients with
respect to certification and
nondiscrimination must be carried out
by UCPs, and recipients may use only
UCPs that comply with the certit3cation
and nondiscrimination requirements of
this part.
(c) All certifications by UCPs shall be
pre-certifications: i.e., certifications [ha[
have been made final before the due
date for bids or offers on a contract on
which a firm seeks to participate as a
DBE.
(d) A UCP is not required to process
an application for certification from a
firm having its principal place of
business outside [he state if the firm is
not certified by [he UCP in [he state in
which It maintains its principal place of
business. The "home state" UCP shall
share its information and documents
concerning the firm with other UCPs
that are considering the firm's
application.
Federal Register/Vol. 64, No. 2l/Tuesday. February 2, 1999/Rules and Regulations 5141
(e) Subject to DOT approval as
provided in this section, the recipients
in two or more states may forma
regional UCP. UCPs may also enter into
written reciprocity agreements with
other UCPs. Such an agreement shall
outline the specific responsibilities of
each participant. A UCP may accept the
certification of any other UCP or DOT
recipient.
(f) Pending the establishment of UCPs
meeting the requirements of this
section, you may enter into agreements
with other recipients, on a regional or
inter jurisdictional basis. [o perform
certification functions required by [his
part. You may also grant reciprocity to
other recipient s certification decisions.
(g) Each UCP shall maintain a unified
DBE directory containing, for all firms
certified by the UCP (including those
from other states certified under [he
provisions of this section), [he
information required by § 26.31. The
UCP shall make the directory available
to the public electronically, on the
interne[, as well as in print. The UCP
shall update the electronic version of
the directory by including addlUons,
deletions, and other changes as soon as
they are made.
(h) Except as otherwise specified in
this section, all provisions of this
subpart and subpar[ D of this part
pertaining to recipients also apply to
UCPs.
§26.63 What procedures do recipients
follow in making tertlflcation decisions?
(a) You must ensure [hat only firms
certified as eligible DBEs under [his
section participate as DBEs in your
program.
(b) You must determine the eligibility
of firms as DBEs consistent with the
standards of subpart D of this part.
When a UCP is formed, the UCP must
meet all the requirements of subpart D
of this part and this subpart that
recipients are required to meet.
(c) You must take all the following
steps in determining whether a DBE
firm meets the standards of subpart D of
this part:
(1) Perform an on-site visit to the
offices of the firm. You must interview
the principal officers of [he firm and
review their resumes and/or work
histories. You must also perform an on-
site visit tojob sites if there are such
sites on which the firm is working at the
time of [he eligibility investigation in
yourjurisdiction or local area. You may
rely upon the site visit report of any
other recipient with respect to a firm
applying for certification;
(2) If the firm is a corporation, analyze
the ownership of stock in the firm;
(3) Analyze [he bonding and financial
capacity of the firm;
(4) Determine the work history of the
firm, including contracts it has received
and work it has completed:
(6) Obtain a statement from the firm
of the type of work it prefers to perform
as part of the DBE program and its
preferred locations for performing the
work, if any:
(6) Obtain or compile a list of the
equipment owned by or available to the
firm and the licenses the firm and its
key personnel possess to perform the
work It seeks to do as part of the DBE
proggram:
(7) Require potential DBEs to
complete and submit an appropriate
appplication Form.
(i) Unilorm form. [Reserved[
(ii) You must make sure that the
applicant attests to [he accuracy and
truthfulness of the information on the
application form. This shall be done
either in the form of an affidavit sworn
to by the applicant before a person who
is authorized by state law [o administer
oaths or In the form of an unsworn
declaration executed under penalty of
perjury of the laws of the United Stales.
(iii) You must review all information
on the form prior to making a decision
about the eligibility of the firm.
(d) When another recipient, in
connection with its consideration of the
eligibility of a film, makes a written
request for certification information you
have obtained about [hat firm (e.g.,
including application materials or the
report of a site visit, if you have made
one to the firm), you must promptly
make the information available to [he
other recipient.
(e) When another DOT recipient has
certified a firm, you have discretion to
take any of the following actions:
(1) Certify the firm in reliance on the
certification decision of the other
recipient;
(2) Make an independent certification
decision based on documentation
provided by [he other recipient.
augmented by any additional
information you require the applicant to
provide; or
(3) Require [he applicant to go
through your application process
without regard to the action of [he other
recipient.
(t) Subject to the approval of the
concerned operating administration as
part of your DBE program, you may
impose a reasonable application fee for
certification. Fee waivers shall be made
In appropriate cases.
(g) You must safeguard from
disclosure to unauthorized persons
information gathered as part of the
certification process that may
reasonably be regarded as proprietary or
other confidential business information,
consistent with applicable Federal,
state, and local law.
(h) Once you have certified a DBE, it
shall remain certified for a period of at
least three years unless and until its
certification has been removed through
the procedures of § 26.87. You may not
require DBEs [o reapply for certification
as a condition of continuing to
participate in the program during this
three-year period, unless the factual
basis on which the certification was
made changes.
(i) If you are a DBE, you must inform
the recipient or UCP in writing of any
change in circumstances affecting your
ability to meet size, disadvantaged
status, ownership, or control
requirements of this part or any material
change in the information provided in
your application form.
(1) Changes in management
responsibility among members of a
limited liability company are covered by
this requitement.
(2) You must attach supporting
documentation describing in detail the
nature of such changes.
(3) The notice must take the form of
an affidavit sworn to by the applicant
before a person who is authorized by
state law to administer oaths or of an
unsworn declaration executed under
penalty of perjury of [he laws of the
United States. You must provide the
written notification within 30 days of
the occurrence of the change. If you fail
to make timely notification of such a
change, you will be deemed to have
failed to cooperate under § 26.109(c).
Q) If you are a DBE, you must provide
to the recipient, every year on the
anniversary of the date of your
certification, an affidavit sworn to by
[he firm's owners before a person who
is authorized by state law to administer
oaths or an unsworn declaration
executed under penalty of petjury of the
laws of the United States. This affidavit
must affirm [hat there have been no
changes in the firm's circumstances
affecting its ability to meet size,
disadvantaged status, ownership, or
control requirements of this part or any
material changes in the information
provided In its application forth, except
for changes about which you have
notified the recipient under paragraph
(i) of this section. The affidavit shall
specifically affirm that your firm
continues to meet SBA business size
criteria and [he overall gross receipts
cap of this part. documenting this
affirmation with supporting
documentation of your firm's size and
gross receipts. If you fail to provide this
affidavit in a timely manner, you will be
514"L Federal Register/Vol. 64, IVO. 21/Tuesday, February 2, 1999/Rules and Regulations
deemed to have failed to cooperate
under § 26.I09(c).
(k) If you are a recipient, you must -.
make decisions on applications for
certification within 90 days of receiving
from the applicant firm all information
required under this part. You may
extend this time period once, for no
more than an additional 60 days, upon
written notice to the firm, explaining
fully and specifically [he reasons for the
extension. You may establish a different
time frame in your DBE program, upon
a showing that this time frame is not
feasible. and subject to the approval of
the concerned operating administration.
Your Failure to make a decision by the
applicable deadline under this
paragraph is deemed a constructive
denial of the application, on the basis of
which the firm may appeal to DOT
under § 26.89.
§26.85 What rules govern recipients'
denials of Initial raqueata for certiflcatlon7
(a) When you deny a request by a
firm, which is not currently certified
with you, to be certified as a DBE, you
must provide the firm a written
explanation of the reasons for the
denial, specifically referencing the
evidence in the record that supports
each reason for the denial. All
documents and other Information on
which the denial is based must be made
available to the applicant, on request.
(b) When a firm is denied
certification, you must establish a time
period of no more than twelve months
that must elapse before the fire may
reapply to [he recipient for certification.
You may provide, in your DBE program.
subject to approval by the concemed
operating administration, ashorter
waiting period for reapplication. The
time period for reapplicatlon begins to
mn on [he date the explanation required
by paragraph (a) of this section is
received by the firm.
(c) When you make an
administratively final denial of
certification conceming a firm, the firm
may appeal the denial to the
Department under § 26.89.
§26.87 What procedures does a recipient
use to remove a DBE'a ellgiblllty7
(a) Ineligibility compla/n[s. (I) Any
person may file with you a written
complaint alleging that a cutrently-
certlfied Orm is ineligible and
specifying the alleged reasons why the
firm is ineligible. You are not required
to accept a general allegation [ha[ a firm
is ineligible or an anonymous
complaint. The complaint may include
any information or arguments
supporting the complainant's assertion
that the firm Is ineligible and should not
continue to be certified. Confidentiality
of complainants' identities must be
protected as provided in § 26.109(b).
(2) You must review your records
concerning the firm, any material
provided by the firm and [he
complainant, and other available
information. You may request
additional information from [he firm or
conduct any other investigation [hat you
deem necessary.
(3) If you determine, based on this
review, that [here is reasonable cause to
believe that the firm is ineligible, you
must provide written notice to the firm
that you propose to find the firm
ineligible, setting forth the reasons for
the proposed determination. If you
determine that such reasonable cause
does no[ exist, you must notify the
complainant and the firm in writing of
this determination and the reasons for
it. All statements of reasons for findings
on [he issue of reasonable cause must
specifically reference the evidence in
the record on which each reason is
based.
(b) Recipient-initiated proceedings. If,
based on notification by the firm of a
change in its circumstances or other
information that comes to your
attention, you determine that there is
reasonable cause to believe that a
currently certified firm is ineligible, you
must provide written notice to the firm
that you propose to find the firm
ineligible. setting Forth the reasons for
[he proposed determination. The
statement of reasons for the finding of
reasonable cause must specifically
reference the evidence in [he record on
which each reason is based.
(c) DOT directive to Initlate
proceeding. (l) If the concerned
operating administration determines
[ha[ informaton in your certlfication
records, or other information available
to the concemed operating
administration, provides reasonable
cause to believe that a firm you certified
does not meet the eligibility criteria of
this part, [he concerned operating
administration may direct you [o Initiate
a proceeding to remove the firms
certification.
(2) The concerned operating
administration must provide you and
the firm a notice setting forth the
reasons for the directive, including any
relevant documentation or other
information.
(3) You must immediately commence
and prosecute a proceeding to remove
eligibility as provided by paragraph (b)
of this section.
(d) Hearing. When you notify a firm
that there Is reasonable cause to remove
its eligibility, as provided in paragraph
(a), (b). or (c) of this section, you must
give the firm an opportunity For an
informal hearing, at which the firm may
respond to the reasons for the proposal
to remove its eligibility in person and
provide information and arguments
concerning why it should remain
certified.
(1) In such a proceeding, you bear the
burden of proving, by a preponderance
of the evidence, that the firm does not
meet the certification standards of this
part.
(2) You must maintain a complete
record of the hearing, by any means
acceptable under state law for the
retention of a verbatim record of an
administrative hearing. If there is an
appeal to DOT under § 26.89, you must
provide a transcript of the hearing to
DOT and, on request. to the Finn. You
must retain the original record of the
hearing. You may charge the firm only
for the cost of copying the record.
(3) The firm may elect to present
information and arguments in writing,
without going to a hearing. In such a
situation, you bear the same burden of
proving, by a preponderance of [he
evidence. that the firm does not meet
the certification standards, as you
would during a hearing.
(e) Separation of functions. You must
ensure that the decision in a proceeding
to remove a firm's eligibility is made by
an office and personnel that did not take
part in actions leading to or seeking to
implement the proposal to remove the
firm's eligibility and are not subject.
with respect to the matter, to direction
from the office or personnel who did
take part in these actions.
(I) Your method of implementing this
requirement must be made part of your
DBE program.
(2) The decisionmaker must be an
individual who is knowledgeable about
[he certification requirements of your
DBE program and this part.
(3) Before a UCP is operational in its
state, a small airport or small transit
authority (i.e.. an airport or [tansit
authority serving an area with less than
250.000 population) is required to meet
this requirement only to the extent
feasible.
(t) Grounds for decision. You must no[
base a decision to remove eligibility on
a reinterpretation or changed opinion of
information available to the recipient at
the time of its certification of the firm.
You may base such a decision only on
one or more of [he following:
(I) Changes in the Orm's
circumstances since the certification of
the firm by the recipient [hat render the
film unable [o meet the eligibility
standards of this part;
Federal Register/Vol. 64, No. 2l/"fuesday, February 2, 1999/Rules and Regulations 5143
(2) Information or evidence not
available to you at the time the firm was
certified; -
(3) Information that was concealed or
misrepresented by the Firm fn previous
certification actions by a recipient:
(4) A change in the certification
standards or requirements of the
Department since you certified the firm;
or
(6) A documented finding that your
determination to certify the firm was
factually erroneous.
(p) Notice of decision. Following your
decision, you must provide the firm
written notice of the decision and [he
reasons for it, including specific
references [o the evidence in the record
that supports each reason for the
decision. The notice must infotrtr the
firm of the consequences of your
decision and of [he availability of an
appeal to the Department of
Transportation under § 26.89. You must
send copies of the notice [o [he
complainant in an ineligibility
complaint or the concerned operating
administration that had directed you to
initiate the proceeding.
(h) Status of firm during proceeding.
(1) A firm remains an eligible DBE
during the pendancy of your proceeding
to remove its eligibility.
(2) The firm does no[ become
ineligible until the issuance of the
notice provided for in paragraph (8) of
this section.
(1) Effects of removal of eligibility.
When you remove a firms eligibility.
you must take the following action:
(1) When a prime contractor has made
a commitment [o using [he ineligible
firm, or you have made a commitment
to using a DBE prime contractor, but a
subcontract or contract has not been
executed before you issue the
decertification notice provided for in
paragraph (~ of this section, the
ineligible firm does not count toward
the contract goal or overall goal. You
must direct the prime contractor to meet
the contract goal with an eligible DBE
firm or demonstrate to you that it has
made a good faith effort to do so.
(2) If a prime contractor has executed
a subcontract with the firm before you
have notified the titm of its ineligibility.
the prime contractor may continue to
use the firm on the contract and may
continue to receive credit toward its
DBE goal for [he firm's work. In this
case, or in a case where you have let a
prime contract to the DBE that was later
ruled ineligible, the portion of the
ineligible Firm's performance of the
contract remaining after you issued the
notice of its ineligibility shall not count
toward your overall goal, but may count
toward the contract goal.
(3) Exception: If the DBE's
ineligibility is caused solely by its
having exceeded [he size standard
during the performance of the contract,
you may continue to count its
participation on that contract toward
overall and contract goals.
(j) Availability of appeal. When you
make an administratively final removal
of a firm's eligibility under this section,
the firm may appeal the removal to the
Department under § 26.89.
§26.89 What Is the process for
certiflcation appeals to the Department of
Transportation?
(a)(I) If you are a firm which is denied
certification or whose eligibility is
removed by a recipient, you may make
an administrative appeal to the
De~~ar[ment.
(2) If you are a complainant in an
ineligibility complaint to a recipient
(including the concerned operating
administration in the circumstances
provided in § 26.87(c)), you may appeal
[o the Department if [he recipient does
not find reasonable cause [o propose
removing the firm's eligibility or,
following a removal of eligibility
proceeding, determines [hat the firm is
eliggible.
(3) Send appeals to [he Following
address: Department of Transportation,
Office of Civil Rights, 400 7th Street,
SW, Room 2401, Washington, DC 20590.
(b) Pending the Department's decision
in the matter, the recipient s decision
remains in effect. The Department does
not stay the effect of the recipient's
decision while it is considering an
appeal.
(c) If you want to file an appeal, you
must send a letter to the Department
within 90 days of the date of the
recipient s final decision, including
information and arguments concerning
why the recipient's decision should be
reversed. The Department may accept
an appeal filed later than 90 days after
the date of the decision if the
Department determines [hat there was
good cause for the late filing of the
apppear.
(I) If you are an appellant who is a
firm which has been denied
certification, whose certification has
been removed. whose owner is
determined not to be a member of a
designated disadvantaged group, or
concerning whose owner the
presumption of disadvantage has been
rebutted, your letter must state the name
and address of any other recipient
which currently certifies the firm,
which has rejected an application for
certiflcation From the firm or removed
the firm's eligibility within one year
prior to the date of the appeal, or before
which an application for certification or
a removal of eligibility is pending.
Failure to provide this information may
be deemed a failure [o cooperate under
§ 26.109(c).
(2) If you are an appellant other than
one described in paragraph (c)(1) of this
section, the Department will request,
and the firm whose certification has
been questioned shall promptly provide,
the information called for in paragraph
(c)(I) of this section. Failure to provide
this information may be deemed a
failure to cooperate under § 26.109(c).
(d) When it receives an appeal, the
Department requests a copy of the
recipient's complete administrative
record in the matter. If you are the
recipient, you must provide the
administrative record, including a
hearing transcript. within 20 days of the
Department's request. The Depactment
may extend [his time period on the basis
of a recipient's showing of good cause.
To facilitate the Department s review of
a recipient's decision. you must ensure
that such administrative records are
well organized, indexed, and paginated.
Records that do not comport with these
requirements are not acceptable and
will be returned [o you to be corrected
immediately. If an appeal is brought
concerning one recipient's certification
decision conceming a firm, and that
recipient relied on the decision and/or
administrative record of another
recipient, this requirement applies to
both recipients involved.
(e) The Department makes its decision
based solely on the entire adminlsttatlve
record. The Department does not make
a de novo review of the matter and does
not conduct a hearing. The Department
may supplement the adminis[ratlve
record by adding relevant information
made available by [he DOT Office of
Inspector General; Federal, state. or
local law enforcement authorities;
officials of a DOT operating
administration or other appropriate
DOT office: a recipient: or a firm or
other private patty.
(f) As a recipient, when you provide
supplementary information to the
Department, you shall also make [his
information available [o the firm and
any third-party complainant involved.
consistent with Federal or applicable
state laws concerning freedom of
information and privacy. The
Department makes available, on request
by the firm and any third-party
complainant involved, any
supplementary information i[ receives
from any source.
(1) The Department affirms your
decision unless it determines, based on
the entire administrative record, that
your decision is unsupported by
5144 Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations
substantial evidence or inconsistent
with the substantive or procedural
provisions of this part concerning -
certlfica[ion.
(2) If the Department determines. after
reviewing the entire administrative
record, that your decision was
unsupported by substantial evidence or
inconsistent with the substantive or
procedural provisions of this part
concerning certification, the Department
reverses your decision and directs you
to certify the firm or remove its
eligibility. as appropriate. You must
take the action directed by the
Department's decision immediately
upon receiving written notice of it.
(3) The Department is not required to
reverse your decision if the Department
determines that a procedural ercor did
not result in Fundamental unfairness to
dte appellant or substantially prejudice
the opportunity of the appellant to
present its case.
(4) If it appears that the record is
incomplete or unclear with respect to
matters likely to have a significant
hnpac[ on [he outcome of [he case, the
Department may remand the record to
you with instructions seeking
clarification or augmentation of the
record before making a finding. The
Department may also remand a case to
you for further proceedings consistent
with Department instructions
concerning the proper application of the
provisions of [his part.
(5) The Department does not uphold
your decision based on grounds not
specified in your decision.
(6) The Department's decision is
based on the status and circumstances
of the firm as of the date of [he decision
being appealed.
(7) The Department provides written
notice of its decision [o you, the firm,
and the complainant in an ineligibility
complaint. A copy of the notice is also
sent to any other recipient whose
administrative record or decision has
been involved in the proceeding (see
paragraph (d) of this sectfon). The notice
includes the reasons for the
Departments decision, including
specific references to the evidence in
the record that supports each reason for
the decision.
(8) The Department s policy is to
make its decision within 180 days of
receiving the complete adminis[rative
record. If the Department does not make
its decision within this period. the
Department provides written notice to
concerned parties, including a statement
of the reason for the delay and a date by
which the appeal decision will be made.
(g) All decisions under this section
are administratively Onal, and are not
subject to petitions for reconsideration.
§26.91 What actions do recipients take
following DOT certiflcatlon appeal
decislons4
(a) If you are [he recipient From whose
action an appeal under § 26.89 is taken,
the decision is binding. It is not binding
on other recipients.
(b) If you are a recipient to which a
DOT determination under § 26.89 is
applicable, you must take the following
action:
(l) If the Department determines that
you erroneously certified a firm, you
must remove the firm's eligibility on
receipt of the determination, without
further proceedings on your part.
Effective on the date of your receipt of
the Department s determination, the
consequences of a removal of eligibility
set forth in § 26.87(1) take effect.
(2) If the Department determines that
you erroneously failed [o find
reasonable cause [o remove the firm's
eligibility, you must expeditiously
commence a proceeding [o determine
whether the firm's eligibility should be
removed, as provided in § 26.87.
(3) If [he Department determines that
you erroneously declined to certify or
removed the eligibility of the Firm, you
must certify the firm, effective on the
date of your receipt of the written notice
of Department's determination.
(4) If the Department determines [ha[
you erconeously determined that [he
presumption of social and economic
disadvantage either should or should
not be deemed rebutted, you must take
appropriate corrective action as
determined by the Department.
(5) If the Department affirms your
determination, no further action is
necessary.
(c) Where DOT has upheld your
dental of certification to or removal of
eligibility from a firm, or directed the
removal of a firm's eligibility, other
recipients with whom the firm is
certified may commence a proceeding [o
remove the firms eligibility under
§ 26.87. Such recipients must not
remove the firm's eligibility absent such
a proceeding. Where DOT has reversed
your denial of certification to or removal
of eligibility from a firm, other
recipients must take the DOT action into
account in any certification action
involving the firm. However, other
recipients are noI required to certify the
Firm based on the DOT decision.
Subpart F~ompliance and
Enforcement
§28.701 What compliance prouduros
apply to raeiplenta?
(a) If you fail to comply with any
requirement of this part, you may be
subject to formal enforcement action
under § 26.103 or § 26.105 or
appropriate program sanctions by the
concerned operating administration,
such as the suspension or termination of
Federal funds, or refusal to approve
projects, grants or contracts until
deficiencies are remedied. Program
sanctions may include. in the case of the
FHWA program, actions provided for
under 23 CFR 1.36; in [he case of the
FAA program, actions consistent with
49 U.S.C. 47I06(d), 471 I l(d), and
47122; and in the case of [he FTA
program, any actions permitted under
49 U.S.C. chapter 53 or applicable FTA
proggram requirements.
(b) As provided in statute, you will
not be subject [o compliance actions or
sanctions for failing to carry out any
requirement of this part because you
have been prevented from complying
because a Federal court has issued a
final order in which [he court found that
the requirement is unconstitutional.
§26.103 What enforcement actions apply
In FHWA and FTA programs?
The provisions of this section apply to
enforcement actions under FHWA and
FTA programs:
(a) Noncompliance complaints. Any
person who believes that a recipient has
failed to comply with its obligations
under this part may file a written
complaint with the concerned operating
adminisvation's Office of Civil Rights. If
you want to file a complaint, you must
do so no later than 180 days after the
date of the alleged violation or the date
on which you learned of a continuing
course of conduct in violation of [his
part. In response to your written
request, the Office of Civil Rights may
extend the time for filing in the Interest
ofjustice, specifying in writing [he
reason far so doing. The Office of Civil
Rights may protect the confidentiality of
your identity as provided in § 26.109(b).
Complaints under this part are limited
to allegations of violation of the
provisions of this part.
(b) Compliance reviews. The
concerned operating administration may
review the recipient's compliance with
this part at any time, including reviews
of paperwork and on-site reviews, as
appropriate. The Office of Civil Rights
may direct the operating administration
to initiate a compliance review based on
complaints received.
(c) Reasonable cause notice. If it
appears, from the investigation of a
complaint or the results of a compliance
review, that you, as a recipient, are in
noncompliance with this pan, the
appropriate DOT office promptly sends
you, return receipt requested, a written
notice advising you [hat [here is
reasonable cause [o Find you in
Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations 5145
noncompliance. The notice states the
reasons for this finding and directs you
to reply within 30 days concerning -
whe[her you wish to begin conciliation.
(d) Conciliation. (1) If you request
conciliation, the appropriate DOT office
shall pursue conciliation for at least 30,
but not more than 120. days from the
date of your request. The appropriate
DOT office may extend the conciliation
period for up to 30 days for good cause,
consistent with applicable statutes.
(2) If you and the appropriate DOT
office sign a conciliation agreement.
[hen the matter is regarded as closed
and you are regarded as being in
compliance. The conciliation agreement
sets forth the measures you have taken
or will take to ensure compliance. While
a conciliation agreement 1s in effect, you
remain eligible for FHWA or FTA
financial assistance.
(3) The concerned operating
administration shall monitor your
implementation of the conciliation
agreement and ensure that its terms are
complied with. If you fail to carry out
the terms of a conciliation agreement,
you are in noncompliance.
(4) If you do not request conciliation,
or a conciliation agreement is not signed
within the time provided in paragraph
(d)(1) of [his section, then enforcement
proceedings begin.
(e) En(orcementac[ions. (1)
Enforcement actions are taken as
provided in this subpart.
(2) Applicable findings in
enforcement proceedings are binding on
all DOT offices.
§ 26.105 What enforcement actions apply
in FAA ProgramsT
(a) Compliance with all requirements
of this part by airport sponsors and
other recipients of FAA financial
assistance is enforced through the
procedures of Title 49 of the United
States Code, including 49 U.S.C.
47106(d).47111(d),and 47122, and
regulations implementing them.
(b) The provisions of § 26.103(b) and
this section apply to enforcement
actions in FAA programs.
(c) Any person who knows of a
violation of this part by a recipient of
FAA funds may file a complaint under
14 CFR part 16 with the Federal
Aviation Administration Office of Chief
Counsel.
§28.107 What enforcement actions apply
to firma partlcipatlng in the DBE progremT
(a) If you are a flrtn [hat does not meet
[he eligibility criteria of subpart D of
this part and that attempts to participate
in aDOT-assisted program as a DBE on
the basis of false, fraudulent, or
deceitful statements or representations
or under circumstances indicating a
serious lack of business integrity or
honesty. [he Department may initiate
suspension or debarment proceedings
against you under 49 CFR part 29.
(b) If you are a firm that, in order to
meet DBE contract goals or other DBE
program requirements, uses or attempts
to use, on the basis of false. fraudulent
or deceitful statements or
representations or under circumstances
indicating a serious lack of business
integrity or honesty, another firm that
does not meet the eligibility criteria of
subpart D of this part, the Department
may Infuate suspension or debarment
proceedings against you under 49 CFR
part 29.
(c) In a suspension or debarment
proceeding brought under paragraph (a)
or (b) of this section, the concerned
operating administration may consider
the fact that a purported DBE has been
certified by a recipient. Such
certification does not preclude the
Department from determining that [he
purported DBE, or another firm that has
used or attempted to use it to meet DBE
goals, should be suspended or debarred.
(d) The Department may take
enforcement action under 49 CFR Part
3l. Program Fraud and Civil Remedies.
against any participant in the DBE
program whose conduct is subject [o
such action under 49 CFR part 3l.
(e) The Department may refer to the
Department of Justice, for prosecution
under 1 g U.S.C. IOOI or other
applicable provisions of law, any person
who makes a False or fraudulent
statement in connection with
participation of a DBE in any DOT-
assisted program or otherwise violates
applicable Federal statutes.
§ 20.109 What are the rules governing
informatlon, confidentiality, cooperation,
and intlmidatlon or refallatlon7
(a) Availabllltyofrecords. (I) In
responding [o requests for information
concerning any aspect of the DBE
program, the Department complies with
provisions of [he Federal Freedom of
Information and Privacy Acts (5 U.S.C.
552 and 552a). The Department may
make available to the public any
information concerning the DBE
program release of which is not
prohibited by Federal law.
(2) If you aze a recipient, you shall
safeguard from disclosure to
unauthorized persons information that
may reasonably be considered as
confidential business information,
consistent with Federal. state, and local
law.
(b) Conlldentlality of information on
complainants. Notwithstanding the
provisions of paragraph (a) of this
section, the identity of complainants
shall be kept confidential, at their
election. If such confidentiality will
hinder [he investigation, proceeding or
hearing, or result in a denial of
appropriate administrative due process
to other parties, the complainant must
be advised for the purpose of waiving
the privilege. Complainants are advised
[hat. in some circumstances, failure to
waive the privilege may result in the
closure of the investigation or dismissal
of the proceeding or hearing. FAA
follows the procedures of I4 CFR part
I6 with respect to confidentiality of
information in complaints.
(c) Cooperation. All participants in
the Department's DBE program
(including, but not limited to,
recipients, DBE firms and applicants for
DBE certification, complainants and
appellants. and contractors using DBE
firms to meet contract goals) are
required [o cooperate fully and
promptly with DOT and recipient
compliance reviews, certification
reviews, investigations, and other
requests for information. Failure to do
so shall be a ground for appropriate
action against the party involved (e.g.,
with respect [o recipients, a finding of
noncompliance: with respect to DBE
[inns, denial of certification or removal
of eligibility and/or suspension and
debarment: with respect to a
complainant or appellant, dismissal of
the complain[ or appeal; with respect to
a contractor which uses DBE firms to
meet goals. findings of non-
responsibility for future contracts and/
or susppension and debarment).
(d) In[imidatlon and retaliation. If you
are a recipient, contractor, or any other
participant In the program, you must
no[ intimidate, threaten, coerce, or
discriminate against any individual or
firm for the purpose of interfering with
any right or privilege secured by this
part or because the individual or Brm
has made a complaint. testified,
assisted, or participated in any manner
in an investigation, proceeding, or
hearing under this part. If you violate
this prohibition, you are in
noncompliance with [his part.
Appendix A to Part 26-Guidance
Concerning Good Faith Efforts
L When, as a recipient, you establish a
contract goal on aDOT-assisted contract. a
bidder must. in order to be responsible and/
or responsive. make good faith efforts to meet
the goal. The bidder can meet this
requirement in either of two ways. First. the
bidder can meet the goal. documenting
commitments for participation by DBE time
sufficient for this purpose. Second. even if ft
doesn't meet the goal, the bidder can
document adequate good faith efforts. This
means [hat the bidder must show that it took
5146 Federal Register/Vol. 64, No. 2l/Tuesday, February 2, 1999/Rules and Regulations
all necessary and reasonable steps to achieve
a DBE goal or other requirement of this part
which, by their scope, Intensity, and
appropriateness to the objective. could
reasonably be expected to obtain sufficient
DBE participation, even if they were not fully
successful.
II. In any situation in which you have
established a contract goal, part 26 requires
you to use [he good faith efforts mechanism
of this part. As a recipient. it is up to you
to make a fair and reasonable Judgment
whether a bidder [hat did not meet the goal
made adequate good faith efforts. It is
important for you to consider the quality.
quantity, and intensity of the different kinds
of efforts that the bidder has made. The
elfurts employed by the bidder should be
those that one could reasonably expect a
bidder to take it the bidder were actively and
aggressively trying [o obtain DBE
participation sufficient to meet the DBE
contract goal. Mere pro forma efforts are not
goad faith efforts to meet the DBE contract
requirements. We emphasize. however, that
your determination concerning the
sufficiency of the firm's good faith efforts is
ajudgment call: meeting quantitative
formulas is not required.
[II. The Department also strongly cautions
you against requiring that a bidder meet a
contract goal (i.e., obtain a specified amount
of DBE participation) in order to be awarded
a contract, even [hough the bidder makes an
adequate good faith efforts showing. This
rule specifically prohibits you from ignoring
bona fide good faith efforts.
IV. The following is a list of types of
actions which you should consider az pan of
the bidder's good faith efforts to obtain DBE
participation. It is not intended [o be a
mandatory checklist. nor is it intended to be
exclusive or exhaustive. Other factors or
types of efforts may be relevant in
appropriate cases.
A. Soliciting through all reasonable and
available means (e.g. attendance at pre-bid
meetings, advertising and/or written notices)
the interest of all certified DBEs who have
the capability to perforn [he work of the
contract. The bidder must solicit this mteres[
within sufficient time to allow [he DBEs to
respond to [he solicitatlon. The bidder must
deternine with certainty if the DBEs are
interested by taking appropriate steps to
follow up initial solldtatlons.
B. Selecting portions of the work to be
performed by DBEs in order to increase the
likelihood that the DBE goals will be
achieved. This Includes. where appropriate,
breaking out contract work items into
economically feasible units to facilitate DBE
participation. even when the prime
contractor might otherwise prefer to perform
these work items with its own Forces.
C. Providing interested DBEs with
adequate Information about the plans.
specifications, and requirements of the
conVact in a timely manner [o assist them in
responding to a solicitation.
D. (1) Negotiating in good faith with
interested DBEs. [t is the bidder's
responsibility to make a portion of [he work
available to DBE subcontractors and
suppliers and to select those portions of the
work or material needs consistent with the
available DBE subcontractors and suppliers,
so as to facll irate DBE participation. Evidence
of such negotiation Includes the names.
addresses, and telephone numbers oC DBEs
that were considered; a description of the
Information provided regarding the plans and
specifications (or the work selected for
subcontracting; and evidence as [o why
additional agreements could not be reached
for DBEs [o perform the work.
(2) A bidder using good business Judgment
would consider a number of factors in
negotiating with subcontractors, Including
DBE subcontractors, and would take a Brtn's
price and capabilities as well as contract
goals into consideration. However, the fact
that there may he some additional costs
involved in finding and using DBEs is no[ in
itself sufficient reason for a bidder's failure
to meet the contract DBE goal, as long as such
costs are reasonable. Also, the ability or
desire of a prime contractor to perform the
work of a contract with its own organization
does not relieve the bidder of the
responsibility to make good faith efforts.
Prime contractors are not. however, required
[o accept higher quotes from DBEs if the
price difference is excessive or unreasonable.
E. No[ reJecting DBEs as being unqualified
without sound reazons based on a thorough
investigation oC their capabilities. The
contractor's standing within its industry,
membership in specific groups.
organizations, or associations and political or
social affiliations (for example union vs. non-
union employee status) are not legitimate
causes for the reJectlon or non-5olicltalion of
bids In the contractor's efforts to meet the
project goal.
F. Making efforts to assist interested DBEs
in obtaining bonding, Ilnes of credit. or
insurance az required by the recipient or
contractor.
G. Making efforts to assist Interested DBEs
in obtaining necessary equipment, supplies,
materials, or related assistance or services.
H. Effectively using the services of
available minority/women community
organizations: minority/women contractors'
groups; local, state, and Federal minority/
women business assistance offices; and other
organizations as allowed on a case-by-case
[casts to provide assistance in the recruitment
and placement of DBEs.
V. In determining whether a bidder has
made good faith efforts, you may take into
account the performance of other bidders in
meeting [he contract For example, when [he
apparent successful bidder falls [o meet the
conVact goal, but others meet it. you may
reasonably raise the question of whether,
w~[h additional reasonable efforts. the
apparent successful bidder could have me[
[he goal. If the apparent successful bidder
fails to meet the goal, but meets or exceeds
the average DBE participation obtained by
other bidders, you may view this, in
conjunction with other factors, az evidence of
[he apparent successful bidder having made
good faith efforts.
Appendix B to Part 26-Forms
(Reserved]
Appendix C to Part 26-DBE Business
Development Program Guidelines
The purpose of this program element is ro
Further the development of DBEs. Including
but not limited to assisting them to move into
non-traditional areas of work and/or compete
in the marketplace outside the DBE program,
via the provision of [raining and assistance
from [he recipient.
(A) Each firm that participates in a
recipient s business development program
(BDP) program is subject [o a program Term
determined by the recipient. The term should
consist of two stages: a developmental stage
and a transitional stage.
(B) In order for a firm to remain eligible for
program participation, i[ must continue to
meet all eligibility criteria contained in part
26.
(C) By no later than 6 months of program
entry, the participant should develop and
submit to the recipient a comprehensive
business plan setting forth the participant's
business targets, objectives and goals. The
participant will not be eligible for program
benefits until such business plan H
submitted and approved by [he recipient.
The approved business plan will constitute
[he partftlpani s short and long term goals
and [he sVategy for developmental growth [o
the point of economic viability in non-
traditional areas of work and/or work outside
the DBE program.
(D) The business plan should contain at
least [he following:
(I) An analysts of market potential,
competltfve environment and other business
analyses estimating the program participant s
prospects for profitable operation during [he
term of program participation and after
graduation from [he program.
(2) An analysis of the firm's sVengths and
weaknesses, with particular aetentlon paid to
[he means of correcting any financial.
managerial, technical. or labor conditions
which could impede the participant from
receiving contracts other than those in
[redldonal areas of DBE participation.
(3) Specific targets. obJectives. and goals
for the business development of the
participant during the next two years.
utilizing the results of [he analysis conducted
pursuant to paragraphs (C) and (D)(1) of this
appendix:
(4) Estimates of contmM awards From the
DBE program and from other sources which
are needed to meet the obJeaives and goals
for the years covered by the business plan;
and
(5) Such other information az the recipient
may require.
(E)Each participant should annually
review its currently approved business plan
with the recipient and modify the plan az
may be appropriate [o account for any
changes in the Ban's swcture and redefined
needs. The currently approved plan should
be considered the applicable plan for all
program purposes until the recipient
approves in writing a modified plan. The
recipient should establish an anniversary
date for review of the participant s business
plan and contrac[forecasts.
Federal Register/Vol. 64, No. 21/Tuesday, February 2. 1999/Rules and Regulations 5147
(F) Each participant should annually
forecast in writing its need for contract
awards (or the next program year and [he
succeeding program year during the review
of Its business plan conducted under
paragraph (E) of this appendix. Such forecast
should 6e included in the participant s
business plan. The torecast should include:
(I) The aggregate dollar value of contracts
[o be sought under the DBE program,
reFlecting compliance with the business plan:
(2) The aggregate dollar value of contracts
[o be sought in areas other than traditional
areas of DBE participation:
(3) The types of contract opportunities
being sought, based on the firm's primary
line ofbusiness: and
(4) Such other information as may be
requested by [he recipient [o aid in providing
effective business development assistance m
the participant.
(G) Program participation is divided into
two wages: (l) a developmental stage and (2)
a transitional stage. The developmental stage
is designed to assist participants to overcome
their social and economic disadvantage by
providing such assistance as may be
necessary and appropriate [o enable them [o
access relevant markets and strengthen their
financial and managerial skills. The
transitional stage of program participation
follows the developmental stage and is
designed to assist participants [o overcome.
insofar as practical, their social and
economic disadvantage and to prepare the
participant for leaving [he program.
(H) The length of service in the program
term should no[ be a pre-set time frame for
either the developmental or transitional
stages but should be figured on [he number
of years considered necessary in normal
progression of achieving the firm's
established goals and objectives. The setting
of such tlme could be factored un such Items
as, but no[ limited [o, [he number of
contracts, aggregate amount of the contract
received, years in business. growth potential,
etc.
(I) Beginning in the first year of [he
transitional stage of program participation.
each participant should annually submit for
inclusion in its business plan a transition
management plan outlining specific steps to
promote profitable business operations in
areas other than traditional areas o(DBE
participation after graduation from the
program. The transition management plan
should be submitted to the recipient at the
same time other modifications are submitted
pursuant [o [he annual review under
paragraph (E) of [his section. The plan should
set forth the same information as required
under paragraph (F) of steps the participant
will take to continue its business
development after the expiration of its
program term.
O) When a participant is recognized as
successfully completing the program by
substantially achieving the targets, objectives
and goals set forth in its program term. and
has demonstrated [he ability to compete in
the marketplace. its further participation
within the program may be determined by
the recipient.
(K) In determining whether a concern has
substantially achieved the goals and
objectives of its business plan, the following
factors, among others, should be considered
by the recipient:
(I) Profitability;
(2) Sales. including improved ratio of non-
traditional contracts to traditional-type
contracts;
(3) Net worth. financial ratios, working
capital, capitalization, access to credit and
capital;
(4) Ability [o obtain bonding:
(5) A positive comparison of the DBE's
business and financial profile with profiles of
non-DBE businesses in the same area or
similar business category; and
(6) Good management capacity and
capability.
(L) Upon determination by [he recipient
that the participant should be graduated from
[he developmental program. the recipient
should notify the participant in writing of its
intent to graduate the firm in a letter of
notification. The letter of notification should
set forth findings. based on the facts, for
every material issue relating to [he basis of
the program graduation with specific reasons
for each finding. The letter of notification
should also provide the participant 45 days
from the date of service of [he letter to submit
in writing information that would explain
why the proposed basis of graduation is not
warranted.
(M) Participation of a DBE firth to the
program may be discontinued by the
recipient prior to expiration of [he flrtn's
program term for good cause due to the
failure of the tirm [o engage in business
practices that will promote its
competitiveness within a reasonable period
of time as evidenced by. among other
indicaeors, a pattern of Inadequate
performance or unjus[Ifled delinquent
performance. Also. the recipient can
dlscantlnue [he partldpalion of a firm [hat
does no[ actively pursue and bid on
contracts, and a firth [ha[. without
Justification, regularly fails to respond [o
soliclta[ions in the type of work it is qualified
for and in the geographical areas where it has
indicated availability under its approved
business plan. The recipient should take
such anion if over a 2-year period a DBE flrtn
exhibits such a pattern.
Appendix D to Part 26-Mentor-Protege
Program Guidelines
(A) The purpose of Ihls program element
is to further the development of DBEs.
including but not limited to assisting them ro
move into non-traditional areaz of work and/
or compete in the marketplace outside the
DBE program, via the provision of training
and assistance from other firms. To operate
a mentor-protege program. a recipient must
obtain [he approval of the concerned
operating administration.
(B)(l) Any mentor-protege relationship
shall be based on a written development
plan, approved by the Tecipient, which
clearly sets forth the objectives of the parties
and their respectlve roles, [he duration of the
arrangement and the services and resources
to be provided by the mentor to the protege.
The formal mentor-protege agreement may
set a fee schedule to cover the direct and
indirect cost for such services rendered by
the mentor for specific training and
assistance to the protege through the life of
the agreement. Services provided by the
mentor may be reimbursable under the FTA,
FHWA, and FAA programs.
(2) To be eligible for reimbursement, the
mentor's services provided and associated
costs must be directly attributable and
properly allowable to specific Individual
contracts. The recipient may establish a line
item for [he mentor to quote the portion of
[he fee schedule expected to be provided
during the life of [he contract. The amount
claimed shall 6e verified by the recipient and
paid on an incremental basis representing the
time the protege is working on the contract.
The total individual contract figures
accumulated over the life of the agreement
shall no[ exceed [he amount stipulated in the
original mentor/protege agreement.
(C) DBEs involved in amentor-protege
agreement must be independent business
entities which meet [he requirements for
certification az defined in subpart D of this
part. A protege firm must be certified before
it begins participation in amentor-protege
arrangement. If the recipient chooses [o
recognize mentor/protege agreements, it
should establish formal general program
guidelines. These guidelines must be
submitted to the operating administration for
approval prior to the recipient executing an
individual contractor/ subcontractor mentor-
protege agreement.
Appendix E [o Part 2C,-Individual
Determinations of Social and Economic
Disadvantage
The following guidance is adapted, with
minor modiflcatlons. from SBA regulations
concerning social and economic
disadvantage determinations (see 13 CFR
124.103(c) and 124.104).
Social Disadvantage
I. Socially disadvantaged individuals are
[hose who have been subJected to racial or
ethnic prejudice or cultural bfaz within
American society because of their identltles
as members of groups and without regard [o
their individual qualities. Social
disadvantage must stem from circumstances
beyond their control. Evidence of individual
social disadvanmge must include the
foBOwing elements:
(A) At least one objective distinguishing
feature that has contributed to social
disadvantage, such as race, ethnic origin,
gender, disability. long-term residence In an
environment Isolated from the mainstream of
American society. or other similar causes not
common [o individuals who are not socially
disadvantaged:
(B) Personal experiences of substantial and
chronic social disadvantage in American
society, not in other countries: and
(C) Negative impact on entry into or
advancement in the business world because
of the disadvantage. Recipients will consider
any relevant evidence in assessing this
element. In every case, however, recipients
will consider education. employment and
business history, where applicable, to see iF
the totality of circumstances shows
disadvantage in entering into or advancing in
the business world.
5148 Federal Register/Vol. 64, No. 21/Tuesday, February 2, 1999/Rules and Regulations
(Q Education. Recipients will consider
such factors as deltial of equal access [o
instltutions of higher educa0on and ..
vocational training. exclusion from social
and professional association with students or
teachers. denial of educational honors
rightfully earned. and social patterns or
pressures which dlswuraged the individual
from pursuing a professional or business
education.
(2) Enryluyment. Recipients will consider
such Cactors as unequal treatment in hiring,
promotions and other aspects of professional
advancement, pay and fringe benefits. and
other terms and conditions of employment;
retaliatory or discriminatory behavior by an
employer or labor union: and social pattems
or pressures which have channeled [he
individual into non-professional or non-
business fields.
(3) Business history. The recipient will
consider such factors as unequal access to
credit or capital. acquisition of credit or
capital under commercially unfavorable
circumstances. unequal treatment In
opportunities for government contracts or
other work, unequal treatment by potential
customers and business associates. and
exclusion from business or professional
organizations.
IL Wi[h respect to paragraph L(A) of this
appendix, the Department notes that people
with disabilities have disproportionately low
incomes and high rates of unemployment.
Many physical and attitudinal barriers
remain to [heir Cull participation in
education, employment, and business
opportunities available [o the general public.
The Americans with Disabilities Act (ADA)
was passed In recognition of the
discrlminatlon faced by people with
disabilities. It is plausible that many
Individuals with disabilities especially
persons with severe disabilities (e.g.,
signiflcan[ mobility. vision, or hearing
impairments)-may be socially and
economically disadvantaged.
111. Under [he laws concerning social and
emnomlc disadvantage. people with
disabilities are not a group presumed to be
disadvantaged. Nevertheless, recipients
should look carefully at individual showings
of disadvantage by individuals with
disabilities, making acase-by-casejudgment
about whether such an individual meets the
criteria of this appendix. As public entities
subject to Title II of the ADA. recipients must
also ensure their DBE programs are accessible
to individuals with disabilities. For example.
physical barriers or the lack of application
and information materials in accessible
formats cannot be permitted to thwart the
access of potential applicants to the
certification process or other services made
available to DBEs and applicants.
Economic Disadvantage
(A) Ceneraf. Economically disadvantaged
individuals are socially disadvantaged
individuals whose ability [o compete in the
free enterprise system has been Impaired due
to diminished capital and credit
opportunities as compared to others In the
same or similar line of business who are not
socially disadvantaged.
(B) Submission otnarratlve and financia(
information.
(1) Each individual claiming economic
disadvantage must describe the conditions
which are [he basis for [he claim in a
narrative statement, and must submit
personal financial information.
(2) When married. an individual claiming
economic disadvantage also must submit
separate financial information for his or her
spouse. unless the Individual and the spouse
are legally separated.
(C) Factors to be considered. In considering
diminished capital and credit opportunities,
recipients will examine factors relating to the
personal financial condition of any
individual claiming disadvantaged status.
including personal income for the past two
years (including bonuses and the value of
company stock given In lieu of cash),
personal net worth, and the fair market value
of all assets, whether encumbered or no[.
Recipients will also consider the financial
condition of the applicant compared to [he
financial profiles of small businesses In the
same primary industry classification, or, if
not available. in similar lines of husiness,
which are not owned and controlled by
socially and economically disadvantaged
individuals In evaluating the individual's
access [o credit and capital. The Manclal
profiles that recipients will compare Include
total assets. net sales, pre-tax profit, sales/
working capital ratio, and net worth.
(D) Transfers within two years.
(1) Except as set forth in paragraph (D)(2)
of this appendix, recipients will attribute to
an individual claiming disadvantaged status
any assets which that individual has
transferred to an immediate family member,
or to a trust, a beneficiary of which is an
immediate family member, for less than fair
market value. within two years prior to a
concern's application for participation in the
DBE program, unless the individual claiming
disadvantaged status can demonsvate that
the transfer is to or on behalf of an immediate
family member For that individual's
education. medical expenses, or some other
form of essential support.
(2) Recipients will no[ attribute to an
individual claiming disadvantaged status any
assets transferred by [hat Individual to an
immediate family member that are consistent
with the customary recognition of special
occasions. such as birthdays. graduations.
anniversaries. and retirements.
(3) In determining an Individual's access to
capital and credit. recipients may consider
any assets that the individual transferred
within such two-year period descrtbed by
paragraph (D)(1) of this appendix that are not
considered in evaluating the individual's
assets and net worth (e.g., transfers to
charities).
IFR Doc. 99-1083 Filed I-29-99; 11:00 am)
91LLIN0 CODE K10-633-p
Attachment 2
lllih Work Category -SAN AN7~ONlU Yage 1 of 8
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*** 1 ASPHALT (ASPH)
AARON CONCRETE CONTRACTORS,. I NC. DBE_Construc-tion_Report
ATLRS LAND CLEARING SERVICE, INC.
COASTAL SWEEPING SERVICES
CONTINENTAL_CONSTRUCTION, __I NC. DBE Constructi on_Report
DUNCAN-HOPE, INC. DBE Construction Report
HAWAII CONSULTING
L.M. EQUIPMENT COMPANY DBE Construction Report
LEAL CONSTRUCTION, INC. DBE Construction Report
LOZANO TRUCKING COMPANY,, INC.
MADISONVILLE ROADBUILDERS,_INC.
NUWAY INTERNATIONAL, INC._
SALINAS CONSTRUCTION TECHNOLOGIES,__INC. DBE Construction Report
--,_ -...
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JOSEPH P.. GARCIA CONSTRUCTION INSPECTION-SERVICE Slurry Seal Application
""` 3 CONCRETE PAVING & INCIDENTALS (CON PAV)
A.E. CONSTRUCTION CO., INC-.- DBE _Constructi on_Report
AARON CONCRETE CONTRACTORS,, INC. DBE Construction__Report
ATLAS LAND CLEARING SERVICE, -INC.- -
CHEROKEE CONSTRUCTION, INC. DBE Construction_Report
COASTAL SWEEPING SERVICES
CONTINENTAL CONSTRUCTION,. INC. DBE .Construction Report
DEPENDABLE FENCE & WELDING CO. DBE Construction Report
DORAN STEEL, INC. DBE.Construction Report (Installation Of Reinforcing
DUNCAN-HOPE, INC. DBE Construction .Report
E-Z 8EL CONSTRUCTION CO., INC-. DBE Constructi on_Report
F & F CONSTRUCTION DBE_Construction Report
FUQUA CONSTRUCTION C0 ._,-INC. DBE_Construction_-Report
FUQUAY, INC. DBE Construction-Report
GUIDO TRUCKING
IHS CONSTRUCTION INC. DBE-Constructon_Report
NUWAY-INTERNATIONAL,_INC. ,
VAQUERO CONSTRUCTION, _INC .. DBE Constructon_Report
YOKO TRUCKING-CO.,_ INC.
_._ __.
**" 4 EARTHWORK, BASE AND SUBBASE ~ERTHWRK)
A.E. CONSTRUCTION CO.,_INC.. DBE Construetion_Report
AFCO TECHNOLOGIES, INC
ATLAS LAND CLEARING_SERVICE, INC.
CHEROKEE CON S'PRUCTION, INC. DBE Construction Report
COASTAL SWEEPING SERVICES
CONTINENTAL CONSTRUCTION, INC. DBE Construction Report
DDS. AGGREGATES, INC. DBE Construction _Report
DEPENDABLE.FENCE & WELDING CO. DBE Con s_t ruction Report
DUNCAN-HOPE, INC. DBE Construction-Report
Steel)
http://www.dot.state.tx.us/insdtdoUgeodist/sat/cserve/dbelsUdbecasat.htm 3/27/00
ll13~; Work Category -SAN AN fUNIU
F & F CONSTRUCTION DBE Construction Report
FUQUAY, INC. DBE Construction Report
GUIDO TRUCKING
IHS CONSTRUCTION INC. DBE Construction Report
LEAL CONSTRUCTION, INC. -DBE Construction Report
LOZANO TRUCKING COMPANY, INC.
MADISONVILLE ROADBUILDE RS, INC.
NUWAY INTERNATIONAL, INC.
RELMCO,INC. DBE Construction Report
ROADWAY SPECIALTIES, INC. DBE Constructi on .Report
SALINAS CONSTRUCTION TECHNOLOGIES, INC.. DBE Construction
TEXAS SOUTHERN,_.INC. DBE Construction_Report
VAQUERO CONSTRUCTION, INC. DBE Construction Report
VASQUEZ CONSTRUCTION, LLC
YOKO TRUCKING CO.,_...I NC.
**` 5 FENCING
Report
A.E. CONSTRUCTION CO., INC. DBE_Construction Report
AFCO TECHNOLOGIES, INC
ATLAS LAND CLEARING SERVICE, INC.
AVILA CONSTRUCTION, INC..-(AVILA MATERIALS) DBE Construction Report
CONTINENTAL CONSTRUCTION, INC. DBE Construction Report
D & H CONSTRUCTION CO. DBE Construction_Report
DEPENDABLE FENCE & WELDING CO. DBE Construction Report
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EVERGREEN LANDSCAPING SERVICES _(R.C, KAHN .CORP..)
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Page 2 of 8
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C & M TRUCKING, INC..
CAM, INC. DBE Construction__Report
CASTANEDA DUMP .TRUCKS ,. INC. DBE. Construction__Report
CHASF. TRANSIT, INC. DBE Constructon_Report
CHICO TRUCKING CO., INC. DBE Construction Report
DE LA CERDA TRUCKING, NORNA
DELEON TRUCKING & HAULING, FARUK
EARTH MOVING TANDEMS
G. P. TRANSPORT, INC. DBE Construction Report
GONZALEZ TRUCKING (GONZALO)
http://www.dot.state.tx.us/insdtdot/geodist/sadcserve/dbelst/dbecasat.htm 3/27/00
ufs>/ worK Category - ~Hiv Hiv t VNty
GRIEGO DRAGLINE INC.
GUIDO TRUCKING
HAWAII CONSOLTING
J & J TRANSPORT L.L.C.
JBD TRUCKING
DBE Construction Report
K. G. TRUCKING, INC. DBE Construction Report
L.S. & $. TRANSPORT ,_.I NC ._ DBE _Constructi on _Report
LILLIE'S TRUCKING INC.
LOZANO TRUCKING COMPANY, _INC ..
LUCID AND SONS, INC. DBE Construction Report
M TRANSPORT, INC._ (MARES TRUCKING) DBE .Constructi on__Report
M-5 TRUCKING
MACIAS & SON TRUCKING
MADISONVILLE ROADBUILDERS,
MAGALLANES TRUCKING DBE
MONTGOMERY TRANSPORTATION
NORTH TEXAS TRUCKING,. INC.
ORTIZ HAULING, JOSE
INC.
Constructi on .Report
DBE Construction Report
PARKA DUMP TRUCK AND BAC KHOE WORK, JAIME
PEREZ HAULING, ROSALINDA
PEREZ HAULING, ROSALINDA
SALINAS - ESPINOZA, INC.
SALINAS CONSTRUCTION TECHNOLOGIES,_INC .. DBE Construction Report
SALOMON CISNEROS DUMP TRUCK_SE RVICE
SMILEY'S TRUCKIN
SUNTI DE SAND PIT_INC. DBA _$UNTIDE MATERIALS AND TRUCKING
SVREWAY TRANSPORT DBE Construction .Report
TAHOE TRUCKING, INC. DBE_COnstruction.Report
TEXAS .SOUTHERN, _INC.. DBE _Construction_Report
TOVAR TRUCKING SERVICE DBE-. Con st ruc ti on Report
URESTI SONS TRUCKING
YOKO TRUCKING CO., INC.
'** 7 ILLUMINATION (ILEUM)
A.E. CONSTRUCTION CO., INC. DBE -Construction. Report
AFCO TECHNOLOGIES, INC
CAM,- INC_. DBE Construction Report
DELTA ELECTRICAL CONTRACTORS, .INC. DBE Construction Report
LEAL CONSTRUCTION, INC. DBE. Construction_Report
NUWAY I NTERNATIONAL,__INC_._
TEXAS_SIGNAL SYSTEMS DBE__Construction_Report
*** 8 LANDSCAPING (LANDSCP)
A.E. CONSTRUCTION C0 ._, INC. DBE Consa ruction Report
AFCO TECHNOLOGIES, INC
ATLAS LAND CLEARING SERVICE, INC.
EVERGREEN LANDSCAPING SERVICES __(R.C._KAHN CORP.)
FUQUAY, INC. DBE Construction Report
GRANT CONSTRUCTION COMPANY INC DBE Construction_Report
HALL'S TREES & SERVICES,.INC._
HAWAII CONSULTING
HOLLYWOOD GARDEN COMPANY Landscaping (Irrigation
IHS CONSTRUCTION INC. DBE Construction _Report
ZNSTA-TURF DBEConstruction. Report
LEAL CONSTRUCTION, _INC. DBE Constructon_.Report
MADISONVILLE ROADBLII LDE RS ,, INC.
MALDONADO NURSERY 6.LANDSCAPING, _INC.
MASSEY, CO., J. L. DBE_..ConstrucLion. Repo;t
NATIVE LANDSCAPING, INC
NUWAY INTERNATIONAL, INC.
RE LMCO, INC. DBE Construction Report
ROADWAY SPECIALTIES,._INC. DBE_Constructon. Report
S & S CONSTRUCTION DBE Construction_Report
SOIL-TECH, INC. DBE Construction Report
k'age 3 of 8
Systems & Maintenance And Backf
http://www.dot.state.tx.us/insdtdot/geodistlsaUcserve/dbelst/dbecasat.htm 3/27/00
ucsr, work Category - ~Niv Niv iviviv
*** 9 MAJOR STRUCTURES (MAJ STRS)
t'age 4 of 8
A.E. CONSTRUCTION CO., INC. DBE Construction Report
AARON CONCRETE CONTRACTORS, INC. DBE Construction Report
AFCO TECHNOLOGIES, INC
CHEROKEE CONSTRUCTION, INC. DBE. Constructi on Report
D & H CONSTRUCTION CO. DBE Construction Report
DELTA ELECTRICAL CONTRACTORS, INC. DBE Constru_c ti on Report (Drill Shafts Only)
DORAN STEEL, INC, DBE Construction Report (Installation Of Reinforcing Steel)
FUQUA CONSTRUCTION CO., INC. DBE Constructi on_Report
GRANT CONSTRUCTION COMPANY INC DBE Construction_Report
IHS CONSTRUCTION INC. DBE Construction Report
LEAL CONSTRUCTION, INC. DBE Construction. Report
LISKA CONSTRUCTION CO.,. INC. DBE Construct i_on Report
NUWAY INTERNATIONAL, INC.
RELMCO,INC. DBE Construction Report
SAUNAS CONSTRUCTION TECHNOLOGIES, INC. DBE _Construction Report
VAQUERO CONSTRUCTION, INC. DBE Construction Report
*** 10 MATERIAL SUPPLIERS (MAT SUP) ' '
ARMENDARIZ PROGRAM MGT, ,._INC. Regular Dealer Of Industrial Supplies
AVILA CONSTRUCTION,_INC. .(AVILA MATERIALS). DBE Construction Report Regular De
BRAZOS VALLEY SAND & GRAVEL, INC. DBE Construction. Report Manufacturer Of Sand
CADIT COMPANY, INC. DBE Construction Report Commission And Fees For Structural
CONTRACTORS SOURCE, INC._(CSI) Regular Dealer Of Geote xtile, Erosion Control Sil
DDS AGGREGATES, INC. DBE Construction Report Manufacturer Of Aggregates,sand,b
DEPENDABLE FENCE & WELDING CO. DBE Construction Report Manufacturer Of Metal G
FUQUA CONSTRUCTION CO., INC. DBE .Construction Repozt Regular Dealer Of Concret
FUQUAY, INC. DBE Construction Report Regular Dealer Of Temporary And Permanent
GRIEGO DRAGLINE INC. Caliche 1008
GUIDO TRUCKING Sand, Roc k, gravel, Fill Dirt Ect.
HIGHWAY SAFETY SERVICE CO., INC. DBE Construction Report Manufacturer Of Barri
PALADIN SERVICES INC. Manufacturer Of Ready Mix Concrete
ROADWAY SPECIALTIES, INC. DBE Construction Report Commissions And Fees For Con
SUNTIDE SAND .PIT INC. DBA_SUNTIDE.MATERIALS AND_TRUCKING Manufacturer Of Sand An
TEXAS SOUTHERN,. INC. DBE_Con s_t ruction__Report Manufacturer Of Base And Stabiliz
TORRES READY MIX, INC. DBE_Constructi on_Report Manufacturer Of Ready-Mix Concr
TRISTAR MATERIALS Regular Dealer 0£ Sand And Gravel
VAL-TECH SERVICES Manufacturer Of Small Trailers
WARREN ELECTRIC TELECOMMUNICATIONS UTILITIES, CO DBE_Construction__Report Re gut
*** 11 MINOR STRUCTURES (MIN STRS)
A.E. CONSTRUCTION CO., INC. DBE. Constructi on Report
AARON CONCRETE CONTRACTORS, _INC. DBE_COnstructi on. Report
AFCO TECHNOLOGIES, INC
ATLAS LAND CLEARING .SERVICE, INC.
AVILA CONSTRUCTION, ZNC.__(AVILA_MATERIAL$) DBE__COnstruction_Report
CHEROKEE CONSTRUCTION, INC. DBE_Construction_Repo_rt
COASTAL SWEEPING SERVICES
CONTINENTAL .CONSTRUCTION, I NC. DBE Construction. Report
CORTES CONTRACTING, INC. DBE Construction Report
D b H CONSTRUCTION CO. DBE Construction Report
DELTA ELECTRICAL CONTRACTORS, INC. DBE Construction Report
DEPENDABLE FENCE & WELDING CO. DBE Construction Report
DORAN STEEL, INC. DBE Construction Report
DS SERVICES (Culverts)
DUNCAN-HOPE, INC. DBE. Construction _Report
E-Z BEL CONSTRUCTION CO., INC. DBE Construction. Report
F & F CONSTRUCTION DBE Construction Report
FUQUA CONSTRUCTION CO.,. INC. DBE Construction Report
FUQUAY, INC. DBE Construction Report
GRRNT CONSTRUCTION COMPANY INC DBE Construction Report
GUIDO TRUCKING
GULF COAST CONTRACTORS, INC DBE Construction Report
http://www.dot.state.tx.us/insdtdotlgeodist/sat/cserve/dbelst/dbecasat.htm 3/27/00
ucsc w ors: ~ u~egury - ~riiv tuv i vrv w k'age 5 of 8
HAWAII CONSULTING
IHS CONSTRUCTION INC. DBE Construction Report
LEAL CONSTRUCTION, INC. DBE Construction .Report
LISKA CONSTRUCTION CO., INC. DBE Construction_Report
MADISONVILLE ROADBUILDERS, INC.
NUWAY INTERNATIONAL„ INC.
PIPELAYERS, INC. DBE Construction Report
RELMCO, INC. DBE Constru_c tion Report
ROADWAY SPECIALTIES, INC. DBE Constru cti on_Report
S & S CONSTRUCTION DBE Construction Report
SALINAS CONSTRUCTION TECHNOLOGIES, INC. DBE Constructi on_Report
TEXAS SOUTHERN,__INC. DBE_Construction .Report
VAQUERO CONSTRUCTION, INC. DBE.Constructi on Report
VASQUEZ CONSTRUCTION,_LLC
*** 12 MISCELLANEOUS. (MISC) °'
AARDVARK KEITH MOVING Moving Services And Modular Furniture Instal Lation
AARON CONCRETE CONTRACTORS, INC. DBE Construction Report Maintenance Contracts
AFCO TECHNOLOGIES,. INC Jack Hammering, Boring & Tunneling
AVILES ENGINEERING CORPORATION Geotechnical, Environmental Site Assessments, & C
BADECO, INC Septic Systems, Natural Gas Piping-Steel, pvc, & Polyethelene.
CADIT COMPANY, INC. DBE Construction Report Structural & Miscellaneous Erectio
CHEMS REBAR, INC. Reinforcing Steel Setting (Labor Only)
COASTAL SWEEPING SERVICES Mowing, Street & Parking Lot Sweeping
CORE TECH DRILLING INC.. Environmental And Geotechnical Drilling; Coring And Moni
CORTES CONTRACTING,. INC. DBE .Construction Report Concrete And Utility Demoliti
DABNEY-HALL, INC Project Management Consultants
DELGADO DESIGN GROUP, INC. (Cad) Design And Facilities Management
DS SERVICES Crack Sealing
DUNCAN-HOPE, INC. DBE Construction Report Metal Fabrication
ECOLOGICAL COMMUNICATIONS CORPORATION Environmental Consulting
FMS INVESTMENT CORPORATION Financial Advisor, Collection Service, Credit & Charg
FPL AND ASSOCIATES, INC. Design Consulting Services
FUQUAY, INC. DBE Construe ti on_Report Filtration Media
HALL'S TREES & SERVICES,__INC_. Tree Planting And Selling
HIGHWAY SAFETY SERVICE CO..,_INC. DBE,Construction Report Installation Of Sma11
HOU-TEX.PIPELINE CLEANING & TELEVISING INSPECTIONS Storm Sewers, Sewer Lines, Ma
INTEGRATED TESTING AND ENGINEERING COMPANY OF AUSTIN, INC. Construction Material
JOSEPH P. GARCIA CONSTRUCTION INSPECTION SERVICE Construction Inspections-Rpr(Re
LENTZ GROUP INC., THE Marketing & Public Relations,public Awareness Programs
MASSEY, CO., J. L. DBE_Construction_Rep_ort Erosion Control & Revegetation
NATIVE LANDSCAPING, INC Tree And Brush Control
NUWAY INTERNATIONAL, INC. Ada & Historical Restoration
PARKA DUMP TRUCK AND BACKHOE WORK, JAIME Backhoe Work
PROFESSIONAL CABLING SERVICE,__INC, Telecommunications, Voice & Data Cabling
RAINBOW ANALYSIS SYSTEMS GROUP, INC.. Computer Programming Services
SALINAS CONSTRUCTION_TECHNOLOGIES,_INC. DBE Construction_Report Construction M
STOA INTERNATIONAL ARCHITECTS Planning And Construction Management, A D A Inspec
T 6 T DRILLING Water Well Drilling & Environmental Sampling
TOVAR TRUCKING SERVICE DBE Construction .Report Earth Moving
VAL-TECH SERVICES Iron Works
WHITE ROCK CONSULTING, INC.. Environmental Consulting
*** 13 PAINTING (PAINT)
AFCO TECHNOLOGIES, INC
ATLAS LAND CLEARING .SERVICE, _INC.
CADIT COMPANY, INC. DBE Construction Report
DUNCAN-HOPE, INC. DBE Construction Report
E-Z BEL CONSTRUCTION CO.,_.I NC. DBE_Constructi on. Report
MADISONVILLE ROADBUILDERS, ..INC.
NUWAY INTERNATIONAL, INC.
S & S CONSTRUCTION DBE Constructi on _Report
VAL-TECH SERVICES
http://www.dot.state.tx.us/insdtdoUgeodisdsat/cserve/dbelsUdbecasat.htm 3/27/00
Luc vv urn ~ uic};ury - ~riiv riiv r vivw
"" 14 PROFESSIONAL SERVICES (PROF SERV)
Yage 6 of 8
A.E. CONSTRUCTION CO., INC. DBE Construction Report Engineering
AMANI ENGINEERING, INC Engineering
AVILES ENGINEERING CORPORATION Engineering
CAD CONSULTING COMPANY -Surveying
CHICA b ASSOCIATES, INC. Engineering
CPM ENGINEERING AND SCHEDULING Engineering/Scheduling, Project/Construction Mana
DELGADO DESIGN GROUP, INC. Architectural/Interior Design,space Planning, And Fac
FERNANDEZ, FRAZER, WHITE AND ASSOCIATES, .INC, Engineering, Land Surveying And La
GARCIA & WRIGHT CONSULTING ENGINEERS, INC. Engineering
INTEGRATED TESTING AND ENGINEERING COMPANY OF_AUSTIN, INC. Engineering
MAESTAS & BAILEY, INC. Engineering
MAHLEN, ALIS KILPATRICK Landscape Architect
MK ENGINEERS Engineering, Surveying, & Auto Cadd Drafting
OVERBY DESCAMPS ENGINEERS, INC. Engineering
POZNECKI-CAMARILLO & ASSOCIATES, INC. Engineering And Land Surveying
PYLE & ASSOCIATES Land Surveying
R. GUTIERREZ ENGINEERING CORPORATION Engineering And Surveying
SCHULTZ GROU P, .INC., THE Engineering And Surveying
STAR ENGINEERING GROUP, .INC. Engineering; Routine Bridge Inspections
STOA INTERNATIONAL ARCHITECTS Architecture
VAQUERO CONSTRUCTION,_INC. DBE. _COnstructi on Report Engineering
*** 15 PUBLIC TRANSIT (PUBL TRANS) - °'
RICOCHET FUEL DISTRIBUTORS, INC. DBE Construction Report Distributor / Wholesa
"" 16 REST AREAS (RST AREA) " ' ` ` '
AFCO TECHNOLOGIES, INC
CAM, INC. DBE Construction Report
DELTA ELECTRICAL CONTRACTORS, INC. DBE Construction Report
HALL'S TREES & SERVICES, _INC.
IHS CONSTRUCTION INC. DBE Constructi on.Report
MADISONVILLE ROADBUILDERS,_INC.
NUWAY INTERNATIONAL, _INC.
VAL-TECH SERVICES
""* 17 TRAFFIC CONTROL DEVICES (TRAP CONT DEV)
A.E. CONSTRUCTION CO, ,. INC, DBE Cpnstruction.Report Replacement And Relocation
AFCO.TECHNOLOGIES,.INC
AVILA CONSTRUCTION,_.INC. (AVIL_A_MATERIAL$). DBE_COnstruction__Report Install Ro
CAM, INC. DBE Construction Report
DELTA ELECTRICAL CONTRACTORS,_INC_. DBE_COnstruct on_Report
DEPENDABLE FENCE & WELDING CO. DBE Con s_t ruction_Rep_ort
E-Z BEL CONSTRUCTION CO.,_INC. DBE Construction_Report Traffic Signalization
HIGHWAY SAFETY SERVICE CO.,_.I NC. DBE Con structi on Report
LEAL CONSTRUCTION, INC. DBE Construction Report
LINDA'S CONSTRUCTION INC. (LCI) DBE. Con structi on Report Striping, Stripe Remov
NUWAY INTERNATIONAL,.INC ._
TEXAS SIGNAL SYSTEMS DHE Construction_.Report Fiber Optic Installation
WILLOW_CITY SIGN & RAIL, INC. DBE Construction Report
""* 18 TRUCK OWNER-OPERATORS (TRUCK OWNER-OPERATOR)
ALEJANDRO, .DANIEL R.
ALMAGUER, DAVID
ARCE, GEORGE R.
ARIZMENDI, ARNULFO
ARIZMENDI, JOSE E.
BERMUDEZ, FRANCISCO
BORREGO, GEORGE G.
CANO, JOHN J.
CARRION, ALFREDO R.
CHAVEZ,.GUSTAVO A.
CONSTANTE, SANTIAGO D.
CORDOVA, HECTOR
DELHIERRO,_LUZS CARLOS
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voc vvur~ ~.aicguty - ~riiv ruv i vrvw
ESCOBAR, CRESCENCIO
ESCOBAR, MARCO
ESCOBEDO, MICHAEL A.
FLORES, RAUL B
GARCIA, BENITO
GARCIA, DAVID
GARCIA, EDUARDO
GARCIA, FELIX
GARCIA, JOSE L.
GARCIA, REYNALDO S.
GARZA, GEORGE R.
GIL,. DANIEL G.
GOMEZ, JR GUADALUPE
GONZALEZ, ERIC V.
GONZALEZ, FI LIBERTO
GONZALEZ, JOE J.
GONZALEZ, JOSE R.
GONZALEZ, OSWALDO M.
GUZMAN, CARLOS H.
GUZMAN, JUAN R.
HERNANDEZ, ALBERTO P.
JIMENE2, PETE DBE Construction Report
MALDONADO, HERMENEGILDO. G.
MCCAULEY, DEVOID
MONTELONGO, ROBERTO
MOORE, LEE IVORY
MORENO, JESUS DBE Construction__Repor_t
MORENO, MARCO
MORENO, MARTIN
MUNOZ, JAIME R. DBE Construction Report
MUSQUI Z, JR., _INEZ
PENA, GEORGE A.
PERE Z, ANTONIO G..(JR._)
PEREZ, GEORGE A.	
PIMENTEL, GUADALUPE	._0.
PIMENTEL, PEDRO	
RAMIREZ, _ALEJANDRO	JR.
RAMIREZ, MICHAEL	
RAMOS,.HUMBERTO	
RANGE L, JAVIER	
RANGE L, RICHARD	
RANGEL, _ROBERTO G.	
ROBERT S, CLYDE	
RODRIGUEZ, GILBERT	
RODRIGUEZ, WILLIAM	
SALAZAR, JUAN M.	
SALINAS, DAVI D_.M.	
SALINAS, JOSE T.	DBE .Construction Report
SAMANIEGO, RICHARD	R.
SANCHEZ, RICHARD C.	DBE. Construction Report
SMITH, NOEL	
SUAREZ,. RAUL	
TRUJILLO, DENNIS A.	DBE Construction Report
VALDEZ, RODOLFO R.	
VALLE, MARTIN	
Nage 7 of 8
VEGA, EDDIE
VICTORINA, RICARDO M.
VILLARREAL, ABEL
VILLEGAS, RALPH DBE Construction Report
VINTON, RICHARD
YANEZ, DANIEL
""'" 19 UNDERGROUND AND UTILITY WORK (UNDERGRD. UTICWK)
A.E. CONSTRUCTION CO., INC. DBE Construction Report
http://www.dotstate.tx.us/insdtdoUgeodist/sat/cserve/dbelst/dbecasat.htm 3/27/00
LDG W Ufh l,alCb'Uly - JtilV tilt/ 1 VIVIV
k'age 8 of 8
AFCO TECHNOLOGIES, INC
ATLAS LAND CLEARING SERVICE, INC.
BADECO, INC
BENITEZ CONSTRUCTION, INC. DBE Construction Report
CAM, INC. DBE Construction Report
CHEROKEE CONSTRUCTION, INC. DBE Construction Report
CORTES CONTRACTING, INC. DBE Construction Report
DELTA ELECTRICAL CONTRACTORS, INC. DBE Con st ru gtion_Report
DUNCAN-HOPE, INC. DBE Construction Report
E-Z BEL CONSTRUCTION CO., INC. DBE Construction Report
EVERGREEN LANDSCAPING SERVICES (R.C._KAHN_CORP._).
FUQUA CONSTRUCTION CO.., INC. DBE Construction Report
HOU-TEX PI PELINE. CLEANING & TELEVISING INSPECTIONS.
IHS CONSTRUCTION INC. DBE Construction Report
LEAL CONSTRUCTION, INC. DBE Construction .Report
NUWAY INTERNATIONAL,. INC.
PI PE LAYERS, INC. DBE Construction Report
RELMCO, INC. DBE .Construction .Report
TEXAS SIGNAL SYSTEMS DBE Construction Report
VASQUEZ CONSTRUCTION, LLC
__
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unc vireciory Dy H)pnaoenc l,isung - ~r~rv tuv i vwty k'age l of 74
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DBE Directory by Alphabetic Listing -SAN ANTONIO
Last Update: Friday, March 3, 2000
Abilene ~ Amarillo ~ Atlanta ~ Austin ~ Beaumont ( Brownwood ~ Bryan ~ Childress ~
Corpus Christi ~ Dallas ~ EI Paso ~ Ft. Worth ~ Houston ~ Laredo ~ Lubbock ~ Luflcin ~
Odessa ~ Paris ~ Pharr ~ San Angelo ~ San Antonio ~ Tyler ~ Waco ~ Wichita Falls ~
Yoakum
A & G EBERHARDT ENTERPRISES, INC. VEN-09986
P.O. BOX 97 EXP. DATE: 11/02
BAYTOWN, TX 77522 TEL:281-429-4876 FAX:281-924-5966
ILLUM, MIN STRS, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
A & M ELECTRONICS SUPPLY, INC. VEN-05296
3764 GREENBRIAR DRIVE EXP. DATE: 07/02
STAFFORD, TX 77477 TEL:281-240-8999 FAX:281-290-9003
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
A 6 S UNDERGROUND CONSTRUCTION, INC. VEN-04567
P.O. BOX 93 EXP. DATE: 02/01
MERCEDES, TX 78570 TEL:956-565-9332
ERTHWRK, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
- - - - - -
A. I. 5 ASSOCIATES, INC. VEN-00185
1011 HIGHWAY 6 SOUTH, SUITE 117 EXP. DATE: 10/02
HOUSTON, TX 77077 TEL:281-993-9190 FAX:281-493-2211
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, L88, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
A.E. CONSTRUCTION CO., INC. VEN-03946
136 DANUBE DRIVE EXP. DATE: 05/02
SAN ANTONIO, TX 78213 TEL:210-394-9259 FAX:210-391-5987
CON PAV, ERTHWRK, PROF SERV, FENCING, ILLUM, LANDSC P, MAJ STRS,
MINSTRS, TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): AUS, CRP, SAT, YKM.
DBE Construction Report
A.G.W. STEEL, INC. VEN-05706
P.O. BOX 25095 EXP. DATE: 11/02
DECATUR, IL 62525 TEL:217-875-3739
MAT SUP, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
A.S.C. PAVEMENT MARKINGS, INC. VEN-00697
http://www.dot.state.tx.us/insdtdot/geodist/sat/cserve/dbelst/dbelssat.htm 3/27/00
ursc u~recwry oy ,vipunucuc Lisung - ~ruv ~~rv t tnviv Page 2 oY74
1701 E. MAIN EXP. DATE: 10/02
GRAND PRAIRIE, TX 75050 TEL:972-642-9000 FAX:972-692-9399
TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
A.W. TRUCK LINES VEN-09969
P 0 BOX 19672 EXP. DATE: 11/02
AUSTIN, TX 78761 TEL:512-339-2292 FAX:512-339-7219
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
AARDVARK KEITH MOVING VEN-06364
PO BOX 88 EXP. DATE: 11/02
HELOTES, TX 78023 TEL:210-688-3693 FAX:210-688-3971
MISC
DISTRICT(S): AUS, SAT.
AARON CONCRETE CONTRACTORS, INC. VEN-03259
P. O. BOX 27107 EXP. DATE: 08/02
AUSTIN, TX 78725 TEL:512-990-2880 FAX:512-926-2291
ASPH, CON PAV, MAJ STRS, MIN STRS, MISC
DISTRICT(S): AUS, BMT, BRY, BWD, CRP, HOU, PHR, SAT, SJT, WAC, YKM.
DBE Construction Report
ADVANCED ANALYSIS & LABORATORY SERVICES VEN-05712
PO BOX 16652 EXP. DATE: 12/02
LUBBOCK, TX 79990 TEL:806-796-2805 FAX:806-796-2825
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ADVANCED CONSULTING ENGINEERS VEN-05799
2101 S. IH 35 - SUITE 401E EXP. DATE: 08/02
AUSTIN, TX 78741 TEL:512-999-1739 FAX:512-949-5170
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
AFCO TECHNOLOGIES, INC VEN-06397
PO BOX 29216 EXP. DATE: 11/02
SAN ANTONIO, TX 78237 TEL:210-432-3600 FAX:210-432-3699
ERTHWRK, FENCING, HAULING, ILLUM, LANDSCP, MAJ STRS, MIN STRS, MISC,
PAINT, RST AAEA, TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): AUS, CRP, LRD, PHR, SAT, SJT, YKM.
AFS ENVIRONMENTAL, INC. VEN-04992
12201 ROXIE DRIVE EXP. DATE: 09/02
AUSTIN, TX 78729 TEL:512-918-0438 FAX:512-918-0938
MAT SUP, MIN STRS, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
AGUERO TRUCKING, R. VEN-04285
3202 WILLOW ST. EXP. DATE: 02/01
LAREDO, TX 78043-4177 TEL:956-723-1891
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
AKERMAN FOUNDATION DRILLING CO VEN-05769
http://www.dotstate.tx.us/insdtdobgeodist/sat/cserve/dbeist/dbelssat.htm 3/2"7/00
LDC uuccwry oy r+ipnaoeuc 1,[sung - ~,vrv f~rv i vivw
22511 KICKA POO ROAD
WALLE R, TX 77989 TEL:909-931-3199
MAJ STRS
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ALAMO CRANE SERVICE, INC.
15115
Page 3 oY 74
EXP. DA'Z'E: 02/02
DAL, ELP,
SAN PEDRO EXP
SAN ANTONIO, TX 78232 TEL:210-344-7370 FAX:210-490-7793
VEN-03768
. DATE: 06/02
HAULING, MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ALAMO ELECTRICAL SUPPLY, INC. VEN-09576
1239 S. ALEXANDER EXP. DATE: 02/01
DUNCANVILLE, TX 75137 TEL:800-252-6011 FAX:972-296-6555
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ALAMO FORD NEW HOLLAND, INC. VEN-04852
2990 S.E., LOOP 910 EXP. DATE: 08/02
SAN ANTONIO, TX 78222 TEL:210-698-3673 FAX:210-698-3683
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ALEJANDRO, DANIEL R. VEN-03765
971 FORT CLARK EXP. DATE: O1/O1
UVALDE, TX 78801 TEL:630-278-7960
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
____
_------ -
ALL AMERICAN TRUCKING, INC. VEN-03786
12354 FM 1560 NORTH EXP. DATE: 09/02
HELOTES, TX 78023 TEL:210-695-2250 FAX:210-695-8790
HAULING, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
_.
-- -
ALL STEEL FABRICATION INC. VEN-03350
505 NORTH HOUSTON EXP. DATE: 05/02
FORT WORTH, TX 76106 TEL:817-877-0082 FAX:817-870-2481
MAT SUP, MISC, PAINT
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ALLIED COMPLIANCE SERVICES, INC. VEN-05821
2627 74TH STREET EXP. DATE: 06/02
LUBBOCK, TX 79923 TEL:806-748-1120 FAX:806-796-7096
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ALMAGUER, DAVID VEN-05697
517 OLIVE ST EXP. DATE: 06/02
SEGUIN, TX 78155 TEL:210-303-1019
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
http://www.dot.state.tx.us/insdtdoUgeodist/sat/cserve/dbelsUdbelssat.htm 3/27/00
i ut. vuc,. wly uy !11)JIIa UGUG LIJLIII~' - JruV r11V ~ V1VIV
ALPHAMERICAN ENGZN F_.E RING CONSULTANTS, LLC
3327 N. WARE ROAD, SUITE A
MCALLEN, TX 76501 TEL:956-687-6300
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYT.,
WAC, WFS, YKM.
ALTEX LANDSCAPE CONSTRUCTION, INC.
Nage 4 of 74
VEN-05086
EXP. DATE: O1/O1
DAL, ELP,
P 0 BOX 1398 EXP
SEGUIN, TX 78156-1398 TEL:830-372-9955 FAX:830-303-9290
VEN-05995
DATE: 06/02
LANDSC P, MIN STRS, MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ALVAREZ CONSTRUCTION COMPANY, INC. VEN-00165
15586 CAPITAL PORT EXP. DATE: 06/02
SAN ANTONIO, TX 78299-13 TEL:210-992-5426 FAX:210-492-2499
CON PAV, ERTHWRK, MAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
AM MANAGEMENT VEN-04596
PO BOX 12081 EXP. DATE: 06/02
SAN ANTONIO, TX 78212-00 TEL:210-341-1951 FAX:210-530-0656
MISC, PAINT
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
AMANI ENGINEERING, INC
PO BOX 99
DAL, ELP,
1209 EXP
HOUSTON, TX 77094-8209 TEL:281-313-2050 FAX:281-313-2051
PROF SERV
DISTRICT(S): AUS, FTW, SAT.
AMBIOTEC ENVIRONMENTAL CONSULTANTS, INC.
P 0 BOX 2565 EXP
HARLINGEN, TX 78552-2565 TEL:210-923-7807 FAX:956-423-7905
VEN-06421
DATE: 12/02
VEN-05879
DATE: 11/02
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
___ __
AMCAD SUPPLIES, INC VEN-06182
1325 WHITLOCK LN #302 EXP. DATE: 11/99
CARROLLTON, TX 75006 TEL: 972-295-7883 FAX:B00-899-7863 PENDING
NAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
AMPAC CHEMICAL COMPANY, INC. VEN-05779
3101 RICHMOND AVENUE - SUITE 200A EXP. DATE: 05/02
HOUSTON, TX 77098 TEL:713-942-7266
NAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
APM & ASSOCIATES, INC. VEN-03945
100 NORTH CENTRAL EXPWY, STE 210 EXP. DATE: 11/02
DALLAS, TX 75201 TEL:219-748-4888 FAX:214-748-9991
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
http://www.dot.slate.tx.us/insdtdoUgeodist/sat/cserve/dbelst/dbelssat.htm 3/27/00
Dui. ~ucuviy uy .-+iNuaucuc Riau uo - oruv r,iv i v;vw
WAC, WFS, YKM.
AR BROTHERS CONSTRUCTION SERVICES, INC.
ROUTE 2, BOX 120
SAN AUGUSTINE, TX 75972 TEL:409-275-0515
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ARANDA & ASSOCIATES
t'age ~ of /4
VEN-06371
EXP. DATE: 10/02
DAL, ELP,
VEN-05621
DATE: 03/03
P.O. BOX 3600 EXP
MCALLEN, TX 78502 TEL:956-631-0994 FAX:956-631-0992
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ARCE, GEORGE R.
162 LIVELY
SAN ANTONIO, TX 78213 TEL:210-391-5435
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
ARIAS ~ KEZAR, INC.
DAL, ELP,
VEN-02704
EXP. DATE: 06/02
VEN-06186
DATE: 12/02
10821 GOLFDALE EXP
SAN ANTONIO, TX 78216 TEL:210-308-5864 FAX:210-308-5886
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ARIZMENDI, ARNULFO
512 S. FARRAR
UVALDE,' TX 78601 TEL:830-278-3870
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
ARIZMENDI, JOSE E.
905 S. HIGH ST.
UVALDE, TX 78801 TEL:830-278-7929
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
ARMENDARIZ PROGRAM MGT., INC.
DAL, ELP,
VEN-06127
EXP. DATE: 07/02
VEN-03762
EXP. DATE: 11/02
VEN-06166
DATE: 10/02
11702-B GRANT ROAD, #603 EXP
CYPRESS, TX 77429 TEL:281-970-9700 FAX:281-970-4333
MAT SUP
DISTRICT(S): BMT, BRY, CRP, HOU, SAT, YKM.
ARNOLD AND ASSOCIATES, INC.
19275 MIDWAY ROAD, SUITE 170 EXP
ADDISON, TX 75001 TEL:972-991-1144 FAX:972-991-7302
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ARNULFO MORALES TRUCKING
P.O. BOX 1262
UVALDE, TX 78802 TEL:B30-278-8258
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ARRIOLA ASPHALT PAVING
845 WAKEFIELD
HOUSTON, TX 77018 TEL:713-692-8982
ASPH
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
VEN-06156
DATE: 10/02
DAL, ELP,
VEN-05938
EXP. DATE: 02/03
DAL, ELP,
VEN-05006
EXP. DATE: 02/01
DAL, ELP,
http://www.dot.state.tx.us/insdtdoUgeodisUsaUcserve/dbelsUdbelssat.htm 3/27/00
vuu voce wly Dy H1p11aDCllC LIS LIII~ - JHIV HlV 1 VrvIV
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ARS ENGINEERS, INC.
9245 NO CENTRAL EXPWY - SUITE 500
DALLAS, TX 75205 TEL:219-522-8668
PROF SERV
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ARTURO MONTEMAYOR, CPA
1209 WEST FIFTH STREET - SUITE 222
AUSTIN, TX 78703 TEL:512-976-2221
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ASD CONSULTANTS, INC.
PO BOX 180052
AUSTIN, TX 78718-0052 TEL:512-252-3326
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
Yage 6 of 74
VEN-00156
EXP. DATE: 05/02
DAL, ELP,
VEN-05985
EXP. DATE: 02/01
DAL, ELP,
VEN-05546
EXP. DATE: 05/02
DAL, ELP,
ASPHALT PAVING & CONST R. (APCCO) {BLACKTOPPER ENTERPRISES} VEN-00133
955 HEREFORD ROAD EXP. DATE: 07/02
CORPDS CHRISTI, TX 78908 TEL:361-289-0222 FAX:361-289-2913
ASPH, CON PAV, ERTHWRK, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ASPHALT SALES & TRANSPORTATION, INC. VEN-06121
P O BOX 2895 EXP. DATE: 06/02
TULSA, OK 79101-2645 TEL:918-589-2225 FAX:918-589-2329
HAULING, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ATCON ENGINEERING VEN-06396
2112 TRAWOOD, SUITE B-1 EXP. DATE: 12/02
EL PASO, TX 79935 TEL:915-592-9878 FAX:915-592-2134
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ATLAS LAND CLEARING SERVICE,INC. VEN-06057
1208 ANDREW COURT EXP. DATE: 07/02
LAREDO, TX 78045 TEL:956-717-2000 FAX:956-729-8173
ASPH, CON PAV, ERTHWRK, FENCING, HAULING, LANDSC P, MZN STRS, PAINT,
UNUERGRD UTIL WK
DISTRICT(S): AUS, CRP, LRD, PHR, SAT.
ATS DRILLING, INC. VEN-05347
P.O. BOX 48353 EXP. DATE: 03/03
FORT WORTH, TX 76148 TEL:817-998-0090 FAX:817-831-2938
MAJ STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ATSER LLC VEN-09673
http://www.dot.state.tx.us/insdtdot/geodist/sadcserve/dbelst/dbelssat.htm 3/27/00
,roc uuruury uy riipnaoeuc ~isung - ~ruv hiv i vivw
8520 SWEETWATER - SUITE F-57 EXP
HOUSTON, TX 77037 TEL:281-999-9961 FAX:281-999-g962
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
AUDIA TRUCKING
703 EAST COUNTY ROAD 133 EXP.
MIDLAND, TX 79706 TEL:915-683-1493
HAULING
DISTRICT S ABL A
Yage 7 of 74
DATE: 02/01
ELP,
VEN-06360
DATE: 11/02
( ). , US, BWD, DAL, ELP, FTW, LBB, ODA, SAT, SJT, WAC.
AUSTIN TRAFFIC SIGNAL CONSTRUCTION CO. VEN-00119
PO BOX 130 EXP. DATE: 06/02
ROUND ROCK, TX 78680 TEL:512-255-9951 FAX:512-255-0146
ILLUM, NAJ STRS, MIN STRS, TRAF CONT DEV, UNDE RGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC,WFS, YKM.
DBE Construction Report
AVIATION ALLIANCE, INC. VEN-02715
P.O. BOX 799 EXP. DATE: 08/02
COLLEYVILLE, TX 76034 TEL:817-998-0388 FAX:817-281-1867
PROF SERV, AVIATION
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
AVILA CONSTRUCTION, INC. (AVILA MATERIALS) VEN-05880
5911 MCPHERSON ROAD, SUITE 352 EXP. DATE: 08/02
LAREDO, TX 78041-6634 TEL:956-729-7197 FAX:956-717-1594
FENCING, MAT SUP, MIN STRS, TRAF CONT DEV
DISTRICT(S): ABL, AMA, AUS, BWD, CRP, LBB, LRD, ODA, PHR, SAT, SJT.
DBE Construction Report
AVILES ENGINEERING CORPORATION VEN-00135
5790 WINDFERN EXP. DATE: O1/O1
HOUSTON, TX 77091 TEL:713-895-7695
PROF SERV, MISC
DISTRICT(S): AUS, BMT, CRP, HOU, LFK, SAT, YKM.
AWIN CORPORATION VEN-05895
83 SECOND AVENUE EXP. DATE: 06/00
BURLINGTON, MA 01803 TEL:781-272-9163 FAX:781-270-3582
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
AZTECA ENTERPRISES, INC. VEN-03151
2618 RUDER STREET EXP. DATE: 02/03
DALLAS, TX 75212 TEL:214-905-0612 FAX:214-905-0828
MAJ STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__.
B & D MAINTENANCE _ _ - ---
20515 PERRYOAK DRIVE EXP.
HUMBLE, TX 77396 TEL:281-812-2616
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
B. W. CONSTRUCTION CO., INC.
10100 NORTH HWY. 71 EXP.
http://www.dot.state.tx.us/insdtdoUgeodisUsaUcserve/dbelst/dbelssat.htm
VEN-05398
DATE: 05/02
ELP,
VEN-05940
DATE: 10/00
3/27100
~.,~u ~uccwly uy r~Ipnaoeuc t,ISUng - ~r~IV ruv I vivw t'age x of 74
MOUpITAINBURG, AR 72946 TEL:501-369-9372 FAX:501-369-9372
MAJ STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _
DBE Construction Report
B&E TRUCKING VEN-06341
7014 BUTTERFIELD EXP. DATE: 02/03 '
SAN ANTONIO, TX 78227 TEL:210-674-1889
HAULING
DISTRICT(S): AUS, CRP, HOU, SAT, YKM.
BADECO, INC VEN-06369
PO BOX 479 EXP. DATE: 12/02
CASTROVILLE, TX 78009 TEL:830-791-2233 FAX:830-791-7161
HAULING, MISC, UNDERGRD UTIL WK
DISTRICT(S): AUS, CRP, LRD, SAT, YKM.
BAER ENGINEERING & ENVIRONMENTAL CONSULTING VEN-03810
6498 HIGHWAY 290 EAST, SUITE F-107 EXP. DATE: 10/02
AUSTIN, TX 78723-1092 TEL:512-953-3733 FAX:512-953-3316
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, flWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BAIN MEDINA BAIN, INC VEN-03737
1026 CENTRAL PARKWAY SOUTH EXP. DATE: 09/02
SAN ANTONIO, TX 78232 TEL:210-494-7223 FAX:210-990-5120
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BARNHART CONSTRUCTORS, INC. _ (BARNHART ENGINEERING) VEN-05530
2855 MANGUM ROAD, SUITE 565 EXP. DATE: 08/02
HOUSTON, TX 77092 TEL:713-690-5105 FAX:713-690-5097
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
ETW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-___
BARWIN CONSULTANTS VEN-05599
300 EAST MAIN, SUITE 300 EXP. DATE: 08/02
NACOGDOCHES, TX 75961-52 TEL:909-569-0668 FAX:909-569-0668
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
--
BC&L PAVEMENT SERVICES, INC. VEN-05983
2650 THOUSAND OAKS DR., STE. 2309 EXP. DATE: 02/01
SAN ANTONIO, TX 78232 TEL:210-495-7933 FAX:210-495-1229
AVIATION
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__ -----
BELLAMY-NORTH & ASSOCIATES VEN-05849
P O BOX 792639 EXP. DATE: 01/03
HOUSTON, TX 77274-2634 TEL:713-668-1909 FAX:713-668-6070
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRU, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BENCHMARK ENVIRONMENTAL CONSULTANTS VEN-09859
6116 N. CENTRAL EXPRESSWAY #808 EXP. DATE: 07/02
DALLAS, TX 75206 TEL:214-363-5996 FAX:214-363-5999
MISC
http://www.dotstate.tx.us/insdtdot/geodisUsaUcserve/dbelsUdbelssat.htm 3/27/00
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DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BENITEZ CONSTRUCTION, INC. VEN-06101
19292-C WILKE LANE - EXP. DATE: 01/03
PFLUGERVZLLE, TX 78660 TEL:512-252-2793 FAX:512-252-8658
UNDERGRD UTIL WK
DISTRICT(S): AUS, BRY, BWD, CRP, SAT, WAC.
DBE Construction Report
BERMUDEZ, FRANCISCO VEN-06110
HCR 77, BOX 3370 EXP. DATE: 08/02
UVALDE, TX 78801	TEL:830-278-8919		
TRUCK OWNER-OPERATOR			
DISTRICT(S): SAT.			
BERNAL TRUCKING, T.			VEN-00564
P.O. BOX 91		EXP.	DATE: 09/02
AUSTWELL, TX 77950	TEL:361-286-3558	FAX:361-286-1019	
HAULING			
DISTRICT(S): CRP, HOU, LRD, PHR, SAT, YKM.		
DBE Construction Report			
BICK'S CONSTRUCTION, INC.			VEN-03020
2608 W. WAGGOMAN STREET		EXP.	DATE: 09/02
FORT WORTH, TX 76110	TEL:817-429-6107	FAX:817-921-9791	
ASPH, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
BIGAB COMPANY, L.C., THE VEN-09911
P. O. BOX 772287 ~ EXP. DATE: 01/03
HOUSTON, TX 7721.5-2287 TEL:713-787-9883 FAX:713-787-9293
ERTHWRK, FENCING, ILLUM, MIN STRS, MISC, PAINT, RST AREA,
TRAF CONTDEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE. Construction Report
BOMANITE OF EL PASO VEN-04646
1075 ESPLANADA EXP. DATE: 06/02
EL PASO, TX 79932 TEL:915-589-9888 FAX:915-581-6696
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
SOOTHE BROTHERS PAVING COMPANY, INC. VEN-00657
P O BOX 1591 EXP. DATE: 10/02
SHINER, TX 77989 TEL:361-599-2530 FAX:361-594-2690
LANDSC P, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
- _.
80RDER PACIFIC RAILROAD & MATERIALS VEN-03997
PO e0X 156 EXP. DATE: 08/02
RIO GRANDE CITY, TX 7858 TEL:956-487-5606 FAX:956-987-9676
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__
BORREGO, GEORGE G. VEN-03795
1919 ANSLEY EXP. DATE: 05/02
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Page I V Ot /4
SAN ANTONIO, TX 78229 TEL:210-927-9178
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
BOWMAN-MELTON ASSOCIATES, INC. VEN-05106
PO BOX 141318 .. EXP. DATE: 05/02
DALLAS, TX 75214-1318 TEL:214-828-2199 FAX:214-565-0022
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BRAZOS VALLEY SAND & GRAVEL, INC. VEN-05952
PO BOX 197 EXP. DATE: 05/02
REAGAN, TX 76680 TEL:259-587-2450 FAX:259-587-2950
HAULING, MAT SUP
DISTRICT(S): AUS, BRY, BWD, LFK, SAT, TYL, WAC, YKM.
DBE Construction Report
BRECKENRIDGE PETROLEUM, INC.
PO BOX 8411
WACO, TX 76719-8911 TEL:259-772-2455
PUBL TRANS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BREDA COMPANY, INC.
VEN-03204 -~
EXP. DATE: 02/01
DAL, ELP,
17430 W. LITTLE YORK RD., SUITE B EXP
HOUSTON, TX 77084 TEL:281-855-9391 FAX:281-855-7089
____
VEN-03099
DATE: 07/02
CON PAV, FENCING, MAJ STRS, MIN ST RS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
BRIAN SMITH CONSTRUCTION INSPECTION, INC. VEN-03911
1802 CALUMET STREET EXP. DATE: 08/02
HOUSTON, TX 77009-7212 TEL:713-529-9949 FAX:713-529-4090
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BRIGIDO TORRES PAINT VEN-06331
185 SEGOVIA WAY EXP. DATE: 07/02
PFLUGERVILLE, TX 78660 TEL:512-990-7548
PAINT, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS,BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
B RILLA INTERNATIONAL, INC. VEN-06431
2720 TAYLOR STREET EXP. DATE: 12/02
DALLAS, TX 75226 TEL:214-752-5319 FAX:219-752-5323
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
BROWN & CARLS, L.L.P. VEN-05533
515 CONGRESS AVENUE - SUITE 2150 EXP. DATE: 07/02
AUSTIN, TX 78701 TEL:512-472-9845 FAX:512-972-8403
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
,,_
BURGOON COMPANY VEN-06251
2301 STRAND # 290 EXP. DATE: 05/02
GALVESTON, TX 77550 TEL:909-766-1900
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MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
C & C ALCOSER TRUCKING ~ VEN-09615
P O BOX 3675 EXP. DATE: 02/03
SAN ANTONIO, TX 78211 TEL:210-599-1197 FAX:210-225-8676
HAULING
DISTRICT(S): AUS, CRP, PHR, SAT.
DBE Construction Report
-_,
C & C TRUCKING VEN-06125
1020 W. 38TH ST. EXP. DATE: 08/02
ODESSA, TX 79769 TEL:915-367-6299 FAX:915-367-1819
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
C & M TRUCKING, INC. VEN-06339
11911 FOREST HOLLOW EXP. DATE: 12/02
SAN ANTONIO, TX 78233-93 TEL:210-225-8676 FAX:210-225-8676
HAULING
DISTRICT(S): BWD, CRP, DAL, FTW, HOU, LRD, PHR, SAT, SJT, WAC, YKM.
C.P.X. TRUCKING, INC. VEN-03518
P.O. BOX 727 EXP. DATE: 09/02
MIDLOTHIAN, TX 76065 TEL:972-723-3313 FAX:972-723-6729
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
_ __
C&C CONSTRUCTION VEN-06386
PO BOX 290540 EXP. DATE: 11/02
EL PASO, TX 79927 TEL:915-539-0126 FAX:915-860-2994
ASPH, CON PAV, ERTHWRK, FENCING, HAULING, MAJ STRS, MIN STRS,
RST AREA, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
CAD CONSULTING COMPANY VEN-05839
1890 LEE TREVINO, SUITE 105 EXP. DATE: 07/02
EL PASO, TX 79936 TEL:915-633-6922
PROF SERV
DISTRICT(S): ELP, ODA, SAT, SJT.
CADTT COMPANY, INC. VEN-05959
P.O. BOX 784 EXP. DATE: 06/02
ROANOKE, TX 76262 TEL:817-930-9409 FAX:817-430-0409
MAT SUP, MISC, PAINT
DISTRICT(S): ABL, AMA, AUS, CRP, DAL, ELP, FTW, HOU, LBB, SAT, WAC.
DBE Construction Report
CAM, INC. ~ ~ VEN-03899 ~~~
PO BOX 1375 EXP. DATE: 02/03
LOV I.NGTON, NM 88260 TEL:505-396-5905 FAX:505-396-7285
HAULING, ILLUM, RST AREA, TRAF CONT DEV, ONDERGRD UTIL WK
DISTRICT(S): ABL, AMA, BWD, CHS, ELP, LBB, ODA, SAT, SJT, WFS.
DBE Construction Report
CANO, JOHN J. VEN-06236
524 OLD CARRIZO RD. EXP. DATE: O1/O1
UVALDE, TX 76801 TEL:830-278-3062
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
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Page I Z of 74
CARING MEDICAL SUPPLY CO. VEN-09319
P.O. BOX 151851 EXP. DATE: 01/03
DALLAS, TX 75315-1851 TEL:219 -921-0852 FAX:214-391-8146
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CARRION, ALFREDO R. VEN-05978
2102 NOGALITOS EXP. DATE: O1/O1
SAN ANTONIO, TX 78225 TEL:210-533-6199
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
____
CARTER CONSTRUCTION CO., INC., G. VEN-00938
P.O. BOX 760 EXP. DATE: 08/02
CEDAR PARK, TX 78630 TEL:512-258-1025 FAX:512-258-1026
ERTHWRK, FENCING, ILLUM, MAJ STRS, MIN STRS, MISC, TRAF CONT DEV,
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__ _- -_-,
CASTANEDA DUMP TRUCKS, INC. VEN-00320
P 0 BOX 2652 EXP. DATE: 08/02
LAREDO, TX 78091-2852 TEL:956-729-6342 FAX:956-729-9931
HAULING
DISTRICT(S): LRD, PHR, SAT.
DBE Construction Report
CASTEEL MANUFACTURING, INC. VEN-03055
3747 PITLUK AVE - EXP. DATE: 07/02
SAN ANTONIO, TX 78211 TEL:210-923-4556 FAX:210-923-5377
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CASTLE FREIGHT LINES
616 S. PARK STREET
UVALDE, TX 78801 TEL:830-591-0260
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WES, YKM.
CAVAZOS TRUCKING, INC. D/B/A/ AMF MATERIALS & TRANSPORT
DAL, ELP,
VEN-06390
EXP. DATE: 01/03
DAL, ELP,
P.O. BOX 1950 EXP
GROVES, TX 77619 TEL:909-962-0000 FAX:909-963-0573
vEN-03091
. DATE: 09/02
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CBS STEEL, INC. VEN-02982
5222 LEONHARDT EXP. DATE: O1/O1
SAN ANTONIO, TX 78233 TEL:210-599-2222 FAX:800-880-1007
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE.Construction Report _ _ _
CE ENGINEERING VEN-05843
P.O. BOX 802981 EXP. DATE: 08/02
DALLAS, TX 75380-2981 TEL:972-745-8930 FAX:972-795-8823
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
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k'age 13 of 74
WAC, WFS, YKM.		
CEC CONSULTING ENGINEERS		VEN-03513
1221 EAST TYLER	EXP.	DATE: O1/O1
HARLINGEN, TX 78550 TEL:956-425-8968		
PROF SERV		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
CECO SALES CORP.		VEN-05996
PO BOX 4237	EXP.	DATE: 05/02
FORT WORTH, TX 76169-023 TEL:817-929-1866 FAX:817-332-51	03	
MAT SUP		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	£LP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
CEN-TEX SEEDING, INC.		VEN-00323
3312 JOYCE DRIVE	EXP.	DATE: 10/02
FORT WORTH, TX 76116 TEL:817-294-6029 FAX:817-560-75	13	
LANDSCP		
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
DBE Construction Report		
CENTRAL TEXAS GUARDRAIL, INC.		VEN-04239
P.O. BOX 1749	EXP.	DATE: 11/02
WIMBERLY, TX 78676-1799 TEL:512-892-2207 FAX:512-892-20	79	
FENCING, TRAF CONT DEV		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT,-SJT, TYL,		
WAC, WFS, YKM.		
DBE Construction Report
_ __		
CHAMORO STEEL, INC.		VEN-03871
11319 GARY AVE.	EXP.	DATE: O1/O1
CROWLEY, TX 76036-5119 TEL:817-297-9196		
CON PAV, MAJ STRS, MIN STRS, MISC		
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
DBE Construction Report		
CHAN & ASSOCIATES, RAYMOND		VEN-02097
1102 WEST AVENUE	EXP.	DATE: O1/O1
AUSTIN, TX 78701 TEL:512-480-8155		
PROF SERV		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
CHASE TRANSIT, INC. VEN-05000
PO BOX 260183 EXP. DATE: 01/03
CORPUS CHRISTI, TX 78926 TEL:512-387-9890
HAULING
DISTRICT(S): CRP, PHR, SAT, YKM.
DBE Construction Report
CHAVE Z, GUSTAVO A. VEN-03756
220 PULLIAM STREET EXP. DATE: 10/02
UVALDE, TX 78801 TEL:830-278-8650
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
CHEMS REBAR, INC. VEN-09161
PO BOX 680171 EXP. DATE: 07/02
SAN ANTONIO, TX 78268 TEL:210-681-7611 FAX:210-520-1099
MISC
DISTRICT(S): AUS, CRP, HOU, LRD, PHR, SAT, SJT.
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lltih llirectory by Alphabetic Listing -SAN AN l UNIU
CHEROKEE CONSTRUCTION, INC.
11652 JOLLYVILLE RD.
AUSTIN, TX 78759 TEL:512-249-7180
CON PAV, ERT HWRK, NAJ STRS, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): ABL, AUS, BRY, BWD, CRP, DAL, ELP, FTW, HOU,
SAT, SJ1', WAC, YKM.
DBE Construction Report
CHERRY CONSULTING OF THE CAROLINAS, INC.
Page 14 of 74
VEN-05394
EXP. DATE: O1/O1
ODA, PHR,
6227 GOTHIC COURT EXP
CHARLOTTE, NC 28210-7007 TEL:704-556-1915 FAX:709-693-5901
VEN-05524
DATE: 02/01
PUBL TRANS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CHICA & ASSOCIATES, INC. VEN-06302
595 ORLEANS, STE 508 EXP. DATE: 06/02
BEAUMONT, TX 77701 TEL:409-833-4343 FAX:409-833-8326
PROF SERV
DISTRICT(S): AUS, BMT, BRY, CRP, HOU, LFK, LRD, PHR, SAT, TYL, YKM.
CHICO TRUCKING CO., INC. VEN-03170
P. O. BOX 861 EXP. DATE: 10/02
SAN BENITO, TX 78586 TEL:956-399-5377
HAULING
DISTRICT(S): CRP, HOU, ODA, PHR, SAT, SJT, YKM.
DBE Construction Report
CHIEN ASSOCIATES, INC. VEN-00374
10700 RICHMOND AVE., SUITE 195 EXP. DATE: 07/02
HOUSTON, TX 77042 TEL:713-785-0339 FAX:713-785-0309
PROF SERV ,
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CIVILTECH ENGINEERING, INC. VEN-05960
10500 RICHMOND AVENUE, SUITE 298 EXP. DATE: 01/03
HOUSTON, TX 77092 TEL:713-339-9700 FAX:713-339-9932
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CLEMONS TRUCKING VEN-00677
7939 SOUTH LANCASTER ROAD EXP. DATE: 05/02
DALLAS, TX 75291 TEL:972-228-0201 FAX:219-228-0221
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
COASTAL SWEEPING SERVICES
DAL, ELP,
PO BOX 7602 EXP.
CORPUS CHRISTI, TX 78467 TEL:512-289-5497 FAX:512-289-1590
ASPH, CON PAV, ERTHWRK, MIN STRS, MISC
DISTRICT(S): CRP, PHR, SAT, YKM.
-__--_
__
CODY BUILDERS SUPPLY, INC.
12002 NORTH LANAR EXP.
AUSTIN, TX 78753 TEL:512-339-9834 FAX:512-339-0165
VEN-03990
DATE: 06/02
VEN-05791
DATE: 07/02
MAJ STRS, MAT SUP, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
._ _ __
COLORADO BRIDGE, INC. VEN-03588
P.O. BOX 2257 EXP. DATE: 07/02
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BIG SPRING, TX 79721 TEL:915-267-1279
FENCING, MAJ STRS, MIN STRS, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
COLORADO RIVER COMPONENTS, INC. VEN-03117
PO BOX 1158 ~ EXP. DATE: 09/02
ALVARADO, TX 76009 TEL:817-790-8612 FAX:817-790-3217
CON PAV, FENCING, MAT SUP, MIN STRS, MISC, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction. Report
COMPLETE EMERGENCY MAINTENANCE, INC. VEN-06304
1902 CORINTH STREET, SUITE 129 EXP. DATE: 06/02
DALLAS, TX 75215 TEL:214-565-8311 FAX:214-565-8322
MISC, TRAF CONT DEV
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
___
CONCRETE FINISHERS OF HOUSTON VEN-06398
8117 COUNT STREET EXP. DATE: 09/02
HOUSTON, TX 77028 TEL:713-635-3819
CON PAV, MIN STRS
DISTRICT(S): ABL, AMA, ATI„ AUS, BMT, BRY, BWD, CHS, CAP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_.
- -___ _..
CONNICO INCORPORATED VEN-03713
PO BOX 270036 EXP. DATE: 10/00
NASHVILLE, TN 37227-0036 TEL:615-399-8300 FAX:615-399-8030
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CONROE WOOD PRODUCTS INC. VEN-05930
804 W. DALLAS, SUITE 10 EXP. DATE: 08/02
CONROE, TX 77301 TEL:909-760-2979 FAX:909-760-2975
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Constructioq Report
CONSTANTE, SANTIAGO D. VEN-06258
134 BERNICE EXP. DATE: O1/O1
SAN ANTONIO, TX 78228 TEL:210-936-2178
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
CONTINENTAL CONSTRUCTION, INC. VEN-05710
P.O. BOX 2106 EXP. DATE: O1/O1
BLOOMINGTON, TX 77951 TEL:512-897-1615
ASPH, CON PAV, ERT HWRK, FENCING, MIN STRS
DISTRICT(S): AUS, BRY, CRP, HOU, SAT, YKM.
DBE Construction Report
CONTRACTORS SOURCE, INC
PO BOX 840397
HOUSTON, TX 77289-0397
MAT SUP
DISTRICT(S): ATL, AUS,
TYL, WAC, YKM.
CORDOVA, HECTOR
PO BOX 711
(CSI) VEN-03718
EXP. DATE: 06/02
TEL:713-896-8999 FAX:713-896-1550
BMT, BRY, CRP, DAL, FTW, HOU, LFK, PAR, SAT,
VEN-06235
EXP. DATE: O1/O1
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CHARLOTTE, TX 78011	TEL:830-277-1118	
TRUCK OWNER-OPERATOR		
DISTRICT(S): SAT.		
CORE TECH DRILLING INC.		
PO BOX 22	-	EXP
STAFFORD, TX 77997-0022	TEL:713-527-0187	FAX:713-527-0187
MISC		
DISTRICT(S): AUS, CRP, HO	U, PHR, SAT, YKM.	
CORRIGAN CONSULTING, INC.		
P. O. BOX 99		EXP
SEABROOK TX 77586	TEL:281-974-7955	FAX:281-979-9501
k'age 16 of 74
VEN-02903
DATE: 09/02
VEN-00094
DATE: 06/02
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-_ __ ___
CORTES CONTRACTING, INC. VEN-00330
P. O. BOX 18348 EXP. DATE: 08/02
SAN ANTONIO, TX 78218 TEL:210-656-1310 FAX:210-657-7934
MIN STRS, MISC, UNDERGRD UTIL WK
DISTRICT(S): SAT.
DBE Construction Report
CORTES DISTRIBUTING, INC. VEN-03128
P O BOX 18348 EXP. DATE: 08/02
SAN ANTONIO, TX 78218 TEL:210-656-1310 FAX:210-657-7439
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
_.-
COTTER RESOURCES, INC. VEN-02977
P O BOX 177 EXP. DATE: 06/02
STOCKDALE, TX 78160-0177 TEL:830-996-3613 FAX:830-996-1465
NAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report _
COVINGTON TRUCKING COMPANY VEN-03697
PO DRAWER 788 EXP. DATE: 03/00
HUGO, OK 79743-0788 TEL:580-326-9555 FAX:580-326-6218
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction.Report __ _ __ __
CPM ENGINEERING AND SCHEDULING VEN-05682
1903 SAN GABRIEL STREET EXP. DATE: 09/02
AUSTIN, TX 78705 TEL:512-979-5377
PROF SERV
DISTRICT(S): AUS, BRY, BWD, CRP, HOU, LFK, SAT, SJT, TYL, WAC, YKM.
CREED CONSULTING, L. R. VEN-09718
2105 HIGH GATE DRIVE EXP. DATE: 07/02
COLLEYVILLE, TX 76039 TEL:817-329-0025
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CRESPO CONSULTING SERVICES, INC. ~ VEN-05164
9011 MOUNTAIN RIDGE DRIVE, STE 100 EXP. DATE: 06/02
AUSTIN, TX 78759 TEL:512-343-6404 FAX:512-343-1083
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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t'age l7 of 74
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
C ROWDER CONSTRUCTION CO., INC. VEN-06065
318 N SEAMAN STREET EXP. DATE: 08/02
EASTLAN D, TX 76998 -TEL:259-629-1688 FAX:254-629-3271
ERTHWRK, FENCING, HAULING, ILLUM, MIN STRS, MISC, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
CUSTOM PROGRAMMING SERVICES, INC. VEN-03562
9090 MCEWEN ROAD, SUITE 300 EXY. DATE: 09/02
DALLAS, TX 75294 TEL:972-858-0900 FAX:972-991-7438
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, wes, YKM.
CUTRELL TRUCKING COMPANY, INC. VEN 03774
PO BOX 50656 EXP. DATE: 06/02
AMARILLO, TX 79159 TEL:806-359-7189 FAX:806-358-9200
HAULING, MAT SUP, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
D 5 C TRUCKING
2710 WOODY ROAD
LAMESA, TX 79331 TEL:806-872-5507
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
D & H CONSTRUCTION CO.
VEN-02787
EXP. DATE: 05/02
DAL, ELP,
901 HENRIETTA EXP
YOAKUM, TX 77995 TEL:512-550-8230 FAX:512-293-3552
DAL, ELP,
FENCING, MAJ STRS, MIN STRS
DISTRICT(S): AUS, BRY, CRP, DAI., FTW, HOU, LRD, PHR, SAT, WAC, YKM.
DBE Construction Report
D & M VACUUM SERVICES VEN-05232
P. 0. BOX 264 EXP. DATE: 02/03
LA PRYOR, TX 78872 TEL:830-365-4937 FAX:830-365-9539
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
D'AMBRA STEEL SERVICES, INC.
5888 DONZPHAN
EL PASO, TX 79932 TEL:915-587-9367
CON PAV, MAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
DAB ENGINEERING AND TESTING
8700 COMMERCE PARK DRIVE-SUITE 206
HOUSTON, TX 77036 TEL:713-271-3933
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DABNEY-HALL, INC
VEN-05971
DATE: O1/O1
VEN-05751
EXP. DATE: 03/01
DAL, ELP,
__ _, -,
VEN-03904
EXP. DATE: 01/01
DAL, ELP,
VEN-06222 ---
PMB 338, 1920 ABRAMS PARKWAY EXP. DATE: 05/02
DALLAS, TX 75219 TEL:219-319-8858 FAX:214-827-5292
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Page 18 of 74
MISC
DISTRICT(S): AUS, DAL, FTW, HOD, SAT, WAG.
DATAVISE ENGINEERING SERVICE, INC. VEN-05543
24123 BOERNE STAGE ROAD, SUITE 102 EXP. DATE: 08/02
SAN ANTONIO, TX 78255-94 ~TEL:210-698-4469 FAX:210-698-4959
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LAD, ODA, PAR, PH R, SAT, SJT, TYL,
WAG, WFS, YKM.
DAVID LORENZANA AND ASSOCIATES VEN-04100
6812 WEST AVENUE EXp. DATE: 01/03
SAN ANTONIO, TX 78213 TEL:210-979-8873 FAX:210-979-9368
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LAD, ODA, PAR, PHA, SAT, SJT, TYL,
WAG, WFS, YKM.
DAY & ASSOCIATES VEN-05171
1201 W. ABRAM STREET EXP. DATE: 07/02
ARLINGTON, TX 76013 TEL:817-265-2938 FAX:817-265-8220
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LAD, ODA, PAR, PHA, SAT, SJT, TYL,
WAG, WFS, YKM.
__ _ _ __ ._
DDS AGGREGATES, INC. VEN-05308
P. O. BOX 3822 EXP. DATE: 10/02
HUMBLE, TX 77347-3822 TEL:281-590-6610 FAX:281-540-7590
ERTHWRK, MAT SUP
DISTRICT(S): AUS, BMT, BAY, CRP, HOD, LFK, SAT, YKM.
DBE Construction Report
DE LA CERDA TRUCKING, NORMA VEN-06366
PO BOX 890 EXP. DATE: 01/03
PEARSALL, TX 78061 TEL:830-339-5980
HAULING
DISTRICT(S): SAT.
- - - --_
DEL RIO MOTOR CO VEN-01779
508 GAINER ST. EXP. DATE: 07/02
DEL RIO, TX 78840 TEL:830-775-3219
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LAD, ODA, PAR, PH R, SAT, SJT, TYL,
WAG, WFS, YKM.
DELEON PARTNERS, LTD - ~'
VEN-06283
6209 LOST CREEK EXP. DATE: 05/02
CORPUS CHRISTI, TX 78413 TEL:361-993-7070 FAX:361-993-7170
MAT SUP, AVIATION, PUBL TRANS
DISTRICT(S): ABL, AMR, ATL, AUS, BMT, BAY, BWD, CHS, CRP,
FTW, HOD, LBB, LFK, LAD, ODA, PAR, PHA, SAT, SJT, TYL,
WAG, WFS, YKM.
DELEON TRUCKING & HAULING, FARUK
DAL, ELP,
4110 PARKCREST EXP
HOUSTON, TX 77034 TEL:713-910-7410
HAULING
DISTRICT(S): AUS, HOD, SAT, YKM.
DELGADO DESIGN GROUP, INC.
3001 SOUTH LAMAR BLVD., SUITE 302 EXP
AUSTTN, TX 78704 TEL:512-947-1418 FAX:512-496-0102
PROF SERV, MISC
DISTRICT(S): AUS, BAY, BWD, CRP, HOD, PHA, SAT, WAG, YKM.
VEN-06410
DATE: 12/02
VEN-09654 ~ --~
DATE: 09/02
DELHIERRO, LUIS CARLOS VEN-06252
1027 HAZEL EXP. DATE: O1/O1
SAN ANTONIO, TX 78207 TEL:210-933-5856
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TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DELTA ELECTRICAL CONTRACTORS, INC. VEN-05666
3934 DOUG DRIVE EXP. DATE: 02/01
DALLAS, TX 75297 -TEL:219-631-3088 FAX:219-631-3099
ILLUM, MAJ STRS, MIN STRS, RST AREA, TRAF CONT DEV,
UNDERGRD UTIL WK
DISTRICT(S): AUS, BRY, CRP, DAL, FTW, PHR, SAT, WAC, YKM
DBE Construction Report
DEPENDABLE FENCE & WELDING CO.
PO BOX 129
SOMERSET, TX 76069-0129 TEL:210-622-3973
CON PAV, ERTHWRK, FENCING, MAT SUP, MIN STRS, TRAF CONT
DISTRICT(S): AUS, BRY, BWD, CRP, DAL, FTW, HOU, LFK, ODA
SJT, TYL, WAC, YKM.
DBE Construction Report
DESERT ELECTRIC SUPPLY, INC.
_~~ ~ VEN-00996
EXP. DATE: 02/01
DEV
PHR, SAT,
VEN-04949
DATE: 10/02
P.O. BOX 26302 EXP
EL PASO, TX 79926-6302 TEL:915-594-1889 FAX:915-599-2730
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
_ _ _.
DESERT ROCK COMPANY --
212 SOUTH NEVAREZ ROAD
EL PASO, TX 79927 TEL:915-859-5969
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DESERT STEEL CO., INC.
DAL, ELP,
VEN-09993
EXP. DATE: 02/01
DAL, ELP,
P. O. BOX 331946 EXP
FORT WORTH, TX 76163 TEL: 972-790-7975 FAX:972-790-8563
VEN-03943
DATE: 01/03
CON PAV, MAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CAP, DAL, ELP,
FTW,' HOU, LBB, LFK, LRD, ODA, PAA, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
DGM CONSTRUCTION			VEN-06937
PO BOX 468		EXP.	DATE: 02/03
BROWNSBORO, TX 75756	TEL:903-539-9573	FAX:903-539-9976	
CON PAV			
DISTRICT(S): ABL, AMA, A	TL, AUS, BMT, BRY,	BWD, CHS, CRP, DAL,	ELP,
FTW, HOU, LBB, LFK, LRD,	ODA, PAR, PHR, SAT, SJT, TYL,	
WAC, WFS, YKM.
_. _	
. _		

DHL ANALYTICAL, INC.			_ _
VEN-03978
2300 DOUBLE CREEK DRIVE		EXP.	DATE: 06/02
ROUND ROCK, TX 78649	TEL:512-388-8222	FAX:512-388-8229	
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__
DIGITAL MAPPING ASSOCIATES, INC VEN-06408
2832 W. WILSHIRE BLVD, SUITE 109 EXP. DATE: 01/03
OKLAHOMA CITY, OK 73116 TEL:905-892-9114
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DIKITA ENTERPRISES OF TEXAS, INC. (DIKITA ENGINEERING& MGT) VEN-00930
1420 MOCKINGBIRD LANE - SUITE 600 EXP. DATE: O1/O1
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Page 20 of 74
DALLAS, TX 75297 TEL:219-639-8844 FAX:800-583-8622
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HO U, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DORAN STEEL, INC. VEN-06107 --
9300 SOUTH WAYSIDE, SUITE N 108 EXP. DATE: 02/03
HOUSTON, TX 77087 TEL:713-690-2593 FAX:713-690-2096
CON PAV, MAJ STRS, MIN STRS
DISTRICT(S): AUS, BMT, BRY, BWD, CRP, HOU, LFK, PHR, SAT, TYL, WAC.
DBE Construction Report
__ __.
- -
DOUGHERTY SPRAGUE ENVIRONMENTAL, INC VEN-06907
9696 SKILLMAN STREET, SUITE 220 EXP. DATE: 12/02
DALLAS, TX 75293 TEL:214-221-1800 EAX:219-221-1801
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HO U, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DOWDY-FERRY SAND & GRAVEL CO., INC. VEN-00975
2816 RUDER EXP. DATE: 12/02
DALLAS, TX 75212 TEL:817-930-1981 FAX:990-648-3777
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE_Construction Report
,____ -
DS SERVICES VEN-05812
ROUTE 1, BOX 100J EXP. DATE: 07/02
PLEASANTON, TX 78069 TEL:830-216-7705
FENCING, MIN STRS, MISC
DISTRICT(S): AUS, CRP, HOU, SAT, YKM.
-. .,
DUNCAN-HOPE, INC. VEN-09155
P. 0. BOX 10251 EXP. DATE: 07/02
CORPUS CHRISTI, TX 78960 TEL:361-265-9195 FAX:361-265-9979
ASPH, CON PAV, ERTHWRK, MZN STRS, MISC, PAINT, UNDE RGRD UTZL WK
DISTRICT(S): AUS, CRP, HOU, SAT, YKM.
DBE Construction .Report
.- __-,
DYNAMIC REPROGRAPHICS INC VEN-04090
1002 W. 12TH STREET EXP. DATE: 10/02
AUSTIN, TX 78703 TEL:512-979-8892 FAX:512-474-9133
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
E-Z BEL CONSTRUCTION CO., INC. VEN-00501
811 EL MONTE EXP. DATE: 06/02
SAN ANTONIO, TX 78201 TEL:210-736-6595 FAX:210-735-1892
CON PAV, MIN STRS, PAINT, TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): AUS, SAT, YKM.
DBE Construction Report
EARNEST AUTOMOTIVF, DELCO TECH CENTER VEN-05271
SWEETWATE R, TX 79556 TEL:915-235-1798
P.O. BOX 397 EXP. DATE: 06/02
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
EARTH MATERIAL SERVICES, LLC. VEN-00114
16406 GLENVINE EXP. DATE: 09/02
HUMBLE, TX 77396 TEL:281-491-9327 FAX:281-491-8318
HAULING
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Page 21 of 74
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, HRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
EARTH MOVING TANDEMS - VEN-06312
P.O. BOX 67 EXP. DATE: 07/02
RIOMEDINA, TX 78066 TEL:210-688-3366 FAX:210-684-4795
HAULING
DISTRICT(S): AUS, LRD, SAT.
ECKMAN N, GROLL, RUNYAN & WATERS, INC. VEN-05193 --
115 E. TRAVIS, SUITE 1515 EXP. DATE: 07/02
SAN ANTONIO, TX 78205 TEL:210-222-9128 FAX:210-222-9773
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ECOLOGICAL COMMUNICATIONS CORPORATION - -- '
VEN-06383
901 S. MOPAC EXPRESSWAY, STE. 170 EXP. DATE: 01/03
AUSTIN, TX 78796 TEL:512-329-0031 FAX:512-329-0096
MISC
DISTRICT(S): AUS, BRY, BWD, CRP, DAL, FTW, HOU, LRD, SAT,
ELECTRONIC HEALTH TECHNOLOGIES, INC.
6430 WEST FM 1960, STE 174
HOUSTON, TX 77069 TEL:281-397-0212
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ELITE FLEET
23373 HWY. 271 SOUTH
GLADEWATER, TX 75697 TEL:903-899-8192
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
- -
ENVIRONMENTAL SUPPORT SERVICES, INC.
WAC, YKM.
VEN-06263
EXP. DATE: 02/03
DAL, ELP,
VEN-06028 -~~~
EXP. DATE: 09/02
DAL, ELP,
PO BOX 831907 EXP
RICHARDSON, TX 75083-190 TEL:972-675-0560 FAX:972-675-8621
VEN-03623
DATE: 08/02
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
EPSILON ENGINEERING, INC. VEN-00529
3200 WILCREST - SUITE 300 EXP. DATE: 06/02
HOUSTON, TX 77042 TEL:713-789-7185 FAX:713-789-7185
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
___-
EROSION CONTROL, INC. VEN-00507
P O BOX 73581 EXP. DATE: 10/02
HOUSTON, TX 77273 TEL:281-990-8557 FAX:281-490-0910
FENCING, LANDSCP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__ _. __.
-_
E SCOBAR, CRESCENCIO
329 FLORENCIA AVE
SAN ANTONIO, TX 78228 TEL:210-933-2899
TRUCK OWNER-OPERATOR
DAL, ELP,
~~ -VEN-06297 ---
EXP. DATE: 05/02
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utsc uirectory by Alphabetic Listing - ~Hiv Hiv i viv(~
DISTRICT(S): SAT.
ESCOBAR, MARCO
203 BOGUE
SAN ANTONIO, TX 78228 TEL:210-933-5567
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
ESCOBEDO, MICHAEL A.
982 S.W. 39TH
SAN ANTONIO, TX 78237 TEL:210-936-9820
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
ESPA CORP.
Page Z1 of 74
VEN-06299
EXP. DATE: 06/02
VEN-06257
EXP. DATE: O1/O1
VEN-03502 -
. DATE: 12/02
1110 NORTH POST OAK RD, SUITE 320 EXP
HOUSTON, TX 77055-7229 TEL:713-680-0080 FAX:713-680-0738
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
EVERGREEN LANDSCAPING SERVICES (R.C. KAHN CORP.)
8210 SAN GABRIEL
LAREDO, TX 78045 TEL:956-729-7784
FENCING, LANDSC P, UNDERGRD UTIL WK
DISTRICT(S): AUS, BRY, BWD, CRP, HOU, LRD, PHR, SAT, SJT,
EXCELSIS, INC. ~~ ----
DAL, ELP,
VEN-05920
EXP. DATE: Ol/O1
WAC, YKM.
VEN-09908
2825 WILCREST DRIVE, SUITE 100 EXP. DATE: 09/02
HOUSTON, TX 77042 TEL:713-785-9815 FAX:713-782-6922
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
EXPEDITED TRANSPORTATION SERVICES, INC
2075 WEST PARK PLACE BLVD, SUITE D
STONE MOUNTAIN, GA 30087 TEL:770-413-1700
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
EZ SEAL, LLC
DAL, ELP,
VEN-06380
EXP. DATE: 08/00
DAL, ELP,
906 NORTH BOWSER - SUITE 104 EXP
RICHARDSON, TX 75081 TEL:972-669-9178 FAX:972-669-9188
VEN-05797
DATE: 07/02
CON PAV, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
F & F CONSTRUCTION - ' '~
VEN-00633
616 EAST GARFIELD EXP. DATE: 12/02
TEMPLE, TX 76501 TEL:254-773-8356 FAX:254-773-8356
CON PAV, ERTHWRK, FENCING, MIN STRS
DISTRICT(S): ABL, AUS, BWD, FTW, SAT, SJT, WAC.
DBE Construction Report
FAST TRUCKING, INC. VEN-05623
P O BOX 156 EXP. DATE: 10/02
RIO GRANDE CITY, TX 7858 TEL:956-987-5606 FAX:956-987-4678
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
FAVORS TRUCKING VEN-05240
P.O. BOX 691 EXP. DATE: 07/02
PALMER, TX 75152 TEL:903-359-1038 FRX:903-359-1039
HAULING
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unc u~rcciory Dy AtphabeUc Listing - ~H)v tuv i v)~Iv
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
Ya~ae L i of 74
FBS COMMUNICATIONS, INC. - VEN-03933
1550 N.E. LOOP 910, SUITE 121 EXP. DATE: 01/03
SAN ANTONIO, TX 78209-16 TEL:210-828-9966 FAX:210-828-8599
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
FERNANDEZ, FRAZER, WHITE AND ASSOCIATES, INC. VEN-00619
11824 RADIUM STREET EXP. DATE: 11/02
SAN ANTONIO, TX 78216-27 TEL:210-377-0779 FAX:210-377-0776
PROF SERV
DISTRICT(S): AUS, PHR, SAT.
FINANCIAL & MANAGEMENT COMPANY_ (NATHANIEL ANIEKWU) VEN-06216
PO BOX 14149 EXP. DATE: 01/03
AUSTIN, TX 78761-4149 TEL:512-619-3310 FAX:512-908-5777
LANDSCP, MIN STRS, MISC, PAINT, RST AREA, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _ _ __ _
FITZGERALD & HALLIDAY, INC. VEN-05045
157 OXFORD STREET EXP. DATE: 10/02
HARTFORD, CT 06105 TEL:860-236-9369
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
FLORES MBE TECHNICAL SERVICES, INC. VEN-00631
1101 CAPITAL OF TX HWY S., STE E230 EXP. DATE: 10/02
AUSTIN, TX 78796-6437 TEL:512-329-0662 FAX:512-326-9791
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
FLORES, RAUL B VEN-09290
P.O. BOX 142 EXP. DATE: O1/O1
KNIPPA, TX 78870 TEL:830-939-2349
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
FMS INVESTMENT CORPORATION
13159 COIT ROAD, SUITE 215 EXP.
DALLAS, TX 75290 TEL:888-424-4575 FAX:972-690-9936
MISC
DISTRICT(S): ABL, AMA, AUS, BWD, ELP, FTW, HOU, LBB, LFK, ODA,
SJT, WAC, WFS, YKM.
FOSTER CM GROUP, INC.
8620 N. NEW BRAUNFELS, SUITE 500 EXP.
SAN ANTONIO, TX 78217 TEL:210-804-1004 FAX:210-828-5989
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
FPL AND ASSOCIATES, INC.
10 CORPORATE PARK, SUITE 310 EXP.
IRVINE, CA 92606 TEL:999-252-1688 FAX:949-252-0068
MISC
DISTRICT(S): AUS, BMT, CRP, DAL, FTW, HOU, PHR, SAT, WAC, YKM.
VEN-05897
DATE: 01/03
SAT,
VEN-09892
DATE: 09/02
ELP,
VEN-06183
DATE: 06/02
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Yage 24 of 74
FRANK & ASSOCIATES, INC., MYRA L. VEN-05779
811 WEST 7TH STREET, SUITE 800 EXP. DATE: 07/01
LOS ANGELES, CA 90017 TEL:213-627-5376 FAX:213-627-6853
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FT W, HOD, LBB, LFK, LAD, ODA, PAR, PHA, SAT, SJT, TYL,
WAC, WFS, YKM.
_____
FUQUA CONSTRUCTION CO., INC. VEN-03536
P.O. BOX 1537 EXP. DATE: 09/02
NAVASOTA, TX 77868-1537 TEL:409-825-2163 FAX:409-825-6248
CON PAV, FENCING, MAJ STRS, MAT SDP, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): AUS, BMT, BAY, BWD, CRP, DAL, HOD, LFK, SAT, TYL, WAC,
YKM.
DBE Construction Report
FUQUAY, INC. VEN-00646
PO BOX 9327 EXP. DATE: 08/02
AUSTIN, TX 78766 TEL:512-990-2626 FAX:512-990-1669
CON PAV, ERTHWRK, LANDSCP, MAT SUP, MIN STRS, MISC
DISTRICT(S): AUS, BAY, BWD, SAT, YKM.
DBE Construction Report
G. P. TRANSPORT, INC. _ ~ ~ ~~ VEN-00701
P.O. DRAWER A EXP. DATE: 11/02
GREGORY, TX 78359 TEL:512-693-8546
HAULING
DISTRICT(S): AUS, CRP, HOD, PHA, SAT, YKM.
DBE Construction Report _ __
GALINDO ENGINEERS, INC. S. M. VEN-03194
P.O. BOX 792227 EXP. DATE: 07/02
SAN ANTONIO, TX 78279-22 TEL:210-399-9695 FAX:210-349-9696
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LAD, ODA, PAR, PH R, SAT, SJT, TYL,
WAC, WFS, YKM. _ _
GARCIA &~WRIGHT CONSULTING ENGINEERS, INC. VEN-03368
907 WEST RHAPSODY DRIVE EXP. DATE: 07/02
SAN ANTONIO, TX 70216 TEL:210-399-0715 FAX:210-349-0715
PROF SERV
DISTRICT(S): SAT.
_---_,
GARCIA, BENITO VEN-06256
1535 SAN RAFAEL EXP. DATE: O1/O1
SAN ANTONIO, TX 78219 TEL:210-627-9518
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
GARCIA, DAVID VEN-00760
905 ELIZABETH STREET EXP. DATE: 10/02
UVALDE, TX 78801 TEL:830-278-9787
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
GARCIA, EDUARDO VEN-06238
1804 AMANDA EXP. DATE: O1/O1
SAN ANTONIO, TX 78210 TEL:210-337-2953
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
GARCIA, FELIX VEN-05974
1527 SAN CASIMIRO EXP. DATE: 06/02
SAN ANTONIO, TX 78214 TEL:210-627-2069
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
__--
GARCIA, JOSE L. VEN-06114
672 BRICE LANE EXP. DATE: 07/02
UVALDE, TX 78801 TEL:830-278-8963
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Yage 25 oY 74
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
GARCIA, REYNALDO S. VEN-06115
104 E DANIEL STREET EXP. DATE: 12/02
UVALDE, TX 78801 -TEL:830-278-6920
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT. _ _ _ _ _ _
GARZA, FISHER & ASSOCIAT ES VEN-05362
1122 COLORADO, SUITE 301 EXP. DATE: 01/01
AUSTIN, TX 78701 TEL:512-977-8905
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
GARZA, GEORGE R.
DAL, ELP,
VEN-05560
629 WESTFALL EXP. DATE: 05/02
SAN ANTONIO, TX 78210 TEL:210-508-9798
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
GATH'S WHOLESALE ELECTRIC, CO., INC.
720 N.TX. AVE. EXP
BRYAN, TX 77803 TEL:909-823-1025
ILLUM, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
GEO-MARINE, INC.
VEN-09369
DATE: 12/99
PENDING
DAL, ELP,
VEN-03992
550 EAST 15TH STREET EXP. DATE: 02/03
PLANO, TX 75709 TEL:972-923-5980 FAX:972-922-2736
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
GEOTECH ENGINEERING AND TESTING VEN-03187
800 VICTORIA DRIVE EXP. DATE: 09/02
HOUSTON, TX 77022-2908 TEL:713-699-4000 FAX:713-699-9200
PROF SERV, MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
GEOTEL ENGINEERING, INC. VEN-06328
316 SANTE FE TRAIL EXP. DATE: 09/02
IRVING, TX 75063 TEL:972-986-1700 FAX:972-994-0024
PROF SERV, MISC, PUBL TRANS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
GEOTEST ENGINEERING, INC. ~ VEN-00764
5600 BINTLIFF EXP. DATE: O1/O1
HOUSTON, TX 77036 TEL:713-266-0588
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _
GEOTRACK, INC. VEN-05705
3411 GARTH ROAD, SUITE 215 EXP. DATE: 07/00
GURNEE, IL 60031 TEL:847-885-0798 FAX:897-885-1591
PROF SERV, UNDERGRD UTIL WK
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBA, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
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Yage 26 of 74
GIL, DANIEL G. VEN-05929
306 HORTENCIA EXP. DATE: 02/01
SAN ANTONIO, TX 78237 TEL:210-439-4729
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
GLORY-LE TRUCKING CO. VEN-03576
P O BOX 950072 EXP. DATE: 08/02
HOUSTON, TX 77245-0072 TEL:713-934-9773 FAX:281-438-9742
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report _
GOJER & ASSOCIATES INC., CHARLES VEN-00730
11615 FOREST CENTRAL DR., # 303 EXP. DATE: 07/02
DALLAS, TX 75243 TEL:219-340-1199 FAX:214-398-8053
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _ _
GOLDEN TRIANGLE TREE BROKER VEN-05015
2019 NORTH THOMPSON STREET EXP. DATE: 06/02
CONROE, TX 77301-1222 TEL:409-588-3116 FAX:409-588-2508
LANDSCP, MAT SUP, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
GOLDSBY ASSOCIATES, MARY L. VEN-03506
P.O. BOX 270021 EXP. DATE: 02/01
HOUSTON, TX 77008 TEL:713-602-2799
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
GOMEZ, JR GUADALUPE VEN-06305
1706 SANTA FE TRAIL DR. EXP. DATE: 06/02
SAN ANTONIO, TX 78232 TEL:210-903-9743
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT. _ _ __
GONZALES TRUCKING VEN-06387
6512 TEMPLE AVENUE EXP. DATE: 12/02
LUBBOCK, TX 79912 TEL:806-798-1787 FAX:806-798-6808
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _ _ _
GONZALEZ ENGINEERING & SURVEYING, INC. VEN-00776
PO BOX 3109 EXP. DATE: 02/01
BROWNSVILLE, TX 78523-31 TEL: 956-596-5515
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
GONZALEZ TRUCKING (GONZALO) VEN-06351
UVALDE ESTATES DRIVE, LOT #197 EXP. DATE: 12/02
UVALDE, TX 78801 TEL:830-278-4096
HAULING
DISTRICT(S): CRP, LRD, SAT.
___
_.
GONZALEZ, ERIC V. VEN-06321
13503 WAKEWOOD EXP. DATE: 07/02
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SAN ANTONIO, TX 78233 TEL:210-564-0068
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
Page 27 of 74
GONZALEZ, FILIBERTO VEN-02795
8233 POTRANCO ROAD - EXP. DATE: 05/02
SAN ANTONIO, TX 78251 TEL:210-682-1878
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT. _ _.
GONZALEZ, JOE J. VEN-04257
1296 EXP. DATE: O1/O1
P.O. BOX
UVALDE, TX 78802	
TEL:830-278-5883	
TRUCK OWNER-OPERATOR		
DISTRICT(S): SAT.	_	_
GONZALEZ, JOSE R.		VEN-09802
PO BOX 1246		EXP. DATE: 01/03
UVALDE, TX 78802	TEL:830-278-7649	
TRUCK OWNER-OPERATOR		
DISTRICT(S): SAT.	
-:--	
-- _,
GONZALEZ, OSWALDO M.		VEN-06292
111 HILLS DALE		EXP. DATE: 05/02
SAN ANTONIO, TX 78227	TEL:210-674-6932	
TRUCK OWNER-OPERATOR		
DISTRICT(S): SAT.	
_	_ _
_ - _ --:,
GOODEN CONSULTING ENG	INEERS, INC., CHARLES D.	VEN-00760
2656 SOUTH LOOP WEST	SUITE 380	EXP. DATE: 08/02
HOUSTON, TX 77054-2639 TEL:713-660-6905 FAX:713-660-8817
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
GRANT CONSTRUCTION COMPANY INC VEN-04152
PO BOX 278 EXP. DATE: 07/02
MANCHACA, TX 78652 TEL:512-260-7495 FAX:512-280-1026
LANDSCP, MAJ STRS, MIN STRS
DISTRICT(S): AUS, BRY, SAT, WAC, YKM.
DBE Construction Report __ _
GRICE & ASSOCIATES, INC. VEN-05990
230 PEACH TREE STREET, SUITE 1680 EXP. DATE: 06/00
ATLANTA, GA 30303 TEL:904-577-6300 FAX:909-577-6310
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _ _ _ -
GRIEGO DRAGLINE INC. VEN-00717
RT 4, BOX 233 EXP. DATE: 06/02
HEREFORD, TX 79095 TEL:806-369-2322 FAX:806-364-2328
HAULING, MAT SUP
DISTRICT(S): AMA, CHS, CRP, LBB, SAT.
GROUND TECHNOLOGY,INC. VEN-03303
14227 FERN EXP. DATE: 06/02
HOUSTON, TX 77079 TEL:281-597-8306 FAX:261-597-6909
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _ _ _ _ _ _
GUERRACONSTRUCTION CO., INC. VEN-04823 -
P.O. BOX 2137 EXP. DATE: 08/02
AUSTIN, TX 78768 TEL:512-944-9555 FAX:512-494-2077
MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
http://www.dot.state.tx.us/insdtdot/geodist/sat/cserve/dbelst/dbelssat.htm 3/27/00
ll13L llirectory by Alphabetic Listing -JAN AN 1 UNIU
WAC, WFS, YKM.
DBE Construction Report
GUERRA, INC., JOSE I.
2901 SOUTH IH-35, SUITE 210 EXP.
AUSTIN, TX 78741 ~TEL:512-495-2090 FAX:512-495-2099
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. __
GUIDO TRUCKING
1105 MOHAWK DRIVE EXP.
DALLAS, TX 75061 TEL:972-790-3629 FAX:972-790-3829
CON PAV, ERTHWRK, HAULING, MAT SUP, MIN STRS
DISTRICT(S): ATL, AUS, DAL, FTW, LRD, PAR, SAT, TYL, WAC.
_ _ _-_--
GULF COAST CONTRACTORS, INC
P.O. BOX 1151 EXP.
HARLINGEN, TX 78551-1151 TEL:956-912-6384 FAX:956-912-6381
FENCING, MIN STRS
DISTRICT(S): ABL, AUS, BRY, BWD, CRP, HOU, LRD, PHR, SAT, SJT,
DBE Construction Report
Yage 2~ of 74
VEN-00781
DATE: 08/02
ELP,
VEN-06446
DATE: 02/03
VEN-05815
DATE: 07/02
YKM.
GUZMAN, CARLOS H.	VEN-05185
836 CASTRO	EXP. DATE: O1/O1
UVALDE, TX 78801 TEL:830-278-5227	
TRUCK OWNER-OPERATOR	
DISTRICT(S): SAT.	
GUZMAN, JUAN R.	VEN-06001
836 CASTRO	EXP. DATE: 12/99
UVALDE, TX 76601 TEL:830-278-5377	PENDING
TRUCK OWNER-OPERATOR	
DISTRICT(S): SAT.	
-

H & H TRUCKING COMPANY	":,
'
VEN-03675
13520 QUESENBERRY ROAD	EXP. DATE: 02/01
VON ORMY, TX 78073 TEL:210-623-4091
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction_Report
HALER-RICHTER GEOSCIENCE, INC.
8 INDUSTRIAL WAY - D10 EXP.
SALEM, NH 03079 TEL:603-893-9994 FAX:603-893-8313
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WES, YKM.
HAL ENTERPRISES, INC.
2348 MARION STREET EXP.
NORTH BEND, OR 97959 TEL:541-756-5221 FAX:541-756-3099
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
VEN-05866
DATE: 11/00
ELP,
VEN-06313
DATE: 09/00
ELP,
HALL, TRUCKINGCO., SILL, JR. VEN-03424
9610 CAGNON ROAD EXP. DATE: O1/O1
SAN ANTONIO, TX 78252 TEL:210-622-3019
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
HALL'S TREES & SERVICES, INC. VEN-05756
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Page 29 of 74
ROUTE 9 - BOX 538 KK EXP. DATE: 06/02
HEMPSTEAD, TX 77945 TEL:909-826-2747
FENCING, LANDSCP, MISC, RST AREA
DISTRICT(S): ABL, ATL, BMT, BRY, CRP, DAL, FTW, HOD, LFK, SAT, TYL,
WAC, WFS, YKM. -
HARRIS CONSTRUCTION, INC. VEN-09983
PO BOX 3978 EXP. DATE: 10/02
HUMBLE, TX 77338 TEL:281-598-1600 FAX:281-548-2100
MISC, PAINT, RST AREA
DISTRICT(S): ABL, AMA, ATL, ADS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
HARRISON APPRAISAL & INSPECTION CO., HENRY VEN-05194
PO BOX 11975 EXP. DATE: 05/02
HOUSTON, TX 77293 TEL:281-458-2817 FAX:281-958-1296
MISC
DISTRICT(S): ABL, AMA, ATL, ADS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-. - ---
HAWAII CONSULTING VEN-06920
2720 STEMMONS FREEWAY, SUITE 910 EXP. DATE: 01/03
DALLAS, TX 75207 TEL:214-630-7772 FAX:219-689-1002
ASPH, FENCING, HAULING, LANDSCP, MIN STRS
DISTRICT(S): AMA, ADS, DAL, FTW, HOD, SAT, TYL, WAC.
HC & ASSOCIATES VEN-04652
P O BOX 371729 EXP. DATE: O1/O1
EL PASO, TX 79937 TEL:915-855-8022
MISC
DISTRICT(S): ABL, AMA, ATL, ADS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
HCI TECHNOLOGIES, INC. VEN-05777
11419 SUNSET HILLS ROAD - SUITE 300 EXP. DATE: 04/02
RESTON, VA 20190-5207 TEL:703-736-3000 FAX:703-736-3019
MISC
DISTRICT(S): ABL, AMA, ATL, ADS, BMT, BRY, BWD, CHS, CRP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
HDB CONSTRUCTION, INC.
729 WEAR AVENUE
TOPEKA, KS 66607 TEL:785-232-5994
ERTHWRK, HAULING, LANDSCP, MAJ STRS, MIN STRS, MISC
DISTRICT(S): ABL, AMA, ATL, ADS, BMT, BRY, BWD, CHS, CRP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
HERNANDEZ, ALBE RTO P.
123 STUDER STREET
UVALDE, TX 78801 TEL:830-278-5765
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DAL, ELP,
VEN-09086
EXP. DATE: 02/02
DAL, ELP,
VEN-05239 -~
EXP. DATE: 12/99
PENDING
HICKS & COMPANY VEN-03967
1504 WEST 5TH STREET EXP. DATE: O1/O1
AUSTIN, TX 78703 TEL:512-478-0858
MZSC
DISTRICT(S): ABL, AMA, ATL, ADS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_.
__
HIGHWAY SAFETY SERVICE CO., INC. VEN-05279
12909 DESSAU ROAD EXP. DATE: 08/02
AUSTIN, TX 78754 TEL:512-990-9525 FAX:512-990-0336
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MAT SUP, MISC, TRAE' CO N'1' DEV
DISTRICT(S): ABL, AUS, BRY, BWD, ET W, SAT, SJT, WAC, YKM.
DBE Construction Report
HILL COUNTRY BARRICADE VEN-05315
2728-B SOUTH CONGRESS ~ EXP. DATE: 12/02
AUSTIN, TX 78704 'I'EL:512-707-8757 FAX:512-707-9170
TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
HILL, SHERRY TSENG, ARCHITECT VEN-05070
5502 CREEKBEND EXP. DATE: 02/01
HOUSTON, TX 77096 TEL:713-728-9351
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
HISTORIC SITES RESEARCH VEN-05327
P.O. BOX 2207 EXP. DATE: 11/02
COLLEGE STATION, TX 7784 TEL:909-694-1522
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__-__
HOLLYWOOD GARDEN COMPANY VEN 05176
601 SHILOH DRIVE EXP. DATE: 07/02
LAREDO, TX 78045 TEL:956-729-5769 FAX:956-724-5592
LANDSCP
DISTRICT(S): CRP, LRD, PHR, SAT. _ _ _ _
HOPE CONSTRUCTION, INC. VEN-04705
P.O. BOX 239 EXP. DATE: 09/01
HEFLIN, LA 71039 TEL:318-894-9644
CON PAV, ERTHWRK, FENCING, MAJ ST RS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
HOU-TEX PIPELINE CLEANING& TELEVISING INSPECTIONS VEN-06169
403 AURORA EXP. DATE: 01/03
HOUSTON, TX 77008 TEL:713-869-9584 FAX:713-869-4717
MISC, UNDERGRD UTIL WK
DISTRICT(S): AUS, BMT, BRY, BWD, CRP, HOU, LFK, SAT, TYL, WAC, YKM.
HOWARD/STEIN-HUDSON ASSOCIATES, INC. VEN-03606
38 CHAUNCY STREET, 9TH FLOOR EXP. DATE: 03/00
BOSTON, MA 02111 TEL:617-982-7080 FAX:617-962-7417
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
HOWE PRECAST VEN-05939
PO BOX 1270 EXP. DATE: 07/02
HIGLEY, AZ 85236 TEL:602-599-3880 EAX:980-987-9329
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
HOWECO _ ~ - - - VEN-04666
P. 0. BOX 108 EXP. DATE: 07/02
TONTO BASTN, AZ 85553 TEL:520-979-2240 FAX:520-979-2236
MAT SUP, MISC
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lltsC Uu~ectory by Alphabetic Listing - SAN A(v I UNIU
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, IIRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
HOWRY COMPANY, PHIL
5450 BEE CAVE ROAD, #3C ~ EXP.
AUSTIN, TX 78746 TEL:512-306-7900 FAX:512-306-7907
ERTHWRK, FENCING, MAJ STRS, MIN STRS, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__
HRM CONSULTANTS, INC
7 BROOKSIDE DRIVE EXP.
WIMBERLEY, TX 78676 TEL:512-847-1172 FAX:512-847-7899
MISC, AVIATION, PURL TRANS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
Page 31 of 74
ELP,
VEN-00812
DATE: 09/02
ELP,
VEN-06319
DATE: 10/02
ELP,
__
HUDSON, INC. VEN-04147
2341 E. WATERLOO ROAD EXP. DATE: 07/00
EDMOND, OK 73039 TEL:905-398-9335 FAX:905-359-1615
HAULING, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Const ruction Report
H UERTA, SANDRA VEN-06325
3685 GROSENBACHER EXP. DATE: 09/02
SAN ANTONIO, TX 78295 TEL:210-677-8289
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
HUMPHREY TRUCKING COMPANY, ROSELL VEN-03037
P. O. BOX 980 EXP. DATE: 01/03
HAMSHIRE, TX 77622 TEL:409-296-9582 FAX:409-296-9585
HAULING, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
HUNT & HUNT ENGINEERING CORP VEN-05731
PO BOX 771294 EXP. DATE: 08/02
HOUSTON, TX 77215-1294 TEL:713-780-9559 FAX:713-780-9429
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
HVJ ASSOCIATES, INC. VEN-00839
6120 S. DAIRY ASHFORD EXP. DATE: 07/02
HOUSTON, TX 77072 TEL:281-933-7388 FAX:281-933-7293
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
I & H CONCRETE CUTTING, INC. VEN-09779
2628 SOUTH BECKLEY AVENUE EXP. DATE: 02/02
DALLAS, TX 75229 TEL:219-991-4332
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
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Page 32 of 74
IBARRA CONSULTING ENGINEERS, INC. VEN-06197
3131 TURTLE CREEK BLVD., STE. 1151 EXP. DATE: 01/03
DALLAS, TX 75219 TEL:214-219-1030 FAX:214-219-1035
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
IDS VENTURES CORPORATION VEN-06335
PO BOX 451296 EXP. DATE: 09/02
HOUSTON, TX 77295-1296 TEL:713-278-9995 FAX:713-278-9439
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
IHS CONSTRUCTION INC. VEN-04315
PO BOX 8359 EXP. DATE: 06/02
CORPUS CHRISTI, TX 78468 TEL:361-857-2141 FAX:361-851-0005
CON PAV, ERTHWRK, FENCING, LANDSCP, MAJ STRS, MIN STRS, RST AREA,
UNDERGRD UTIL WK
DISTRICT(S): AUS, BMT, BWD, CRP, HOU, PHR, SAT, ~S JT, YKM.
DBE Construction Report
IMS WORLDWIDE, INC VEN-05875
1560 WEST BAY AREA BLVD., STE 110 EXP. DATE: 08/02
FRIENDSWOOD, TX 77596-26 TEL:281-286-0008 FAX:281-286-0009
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK,- LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
INSTA-TURF VEN-05984
4233 ST. ANTHONY ROAD EXP. DATE: 01/03
SAN ANGELO, TX 76905 TEL:915-651-7631 FAX:915-651-7631
LANDSCP
DISTRICT(S): ABL, AUS, BRY, BWD, ELP, LBB, ODA, SAT, SJT, WAC, YKM.
DBE Construction Report
INTEGRATED TESTING AND ENGINEERINGCOMPANY OF AUSTIN, INC. VEN-06223
13903 THERMAL DRIVE EXP. DATE: 09/02
AUSTIN, TX 78728 TEL:512-252-1218 FAX:512-252-1219
PROF SERV, MISC
DISTRICT(S): BRY, BWD, DAL, FTW, LRD, SAT, WAC.
INTEGRATED TESTING AND ENGINEERING COMPANY OF DFW METRO VEN-06373
3621 CONFLANS EXP. DATE: 09/02
IRVING, TX 75061 TEL: 972-790-9192 FAX:972-790-5130
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
J & J TRANSPORT L.L.C. VEN-01075
7512 RAYMOND STOTZER PKWY EXP. DATE: O1/O1
COLLEGE STATION, TX 7784 TEL:409-846-3356
HAULING
DISTRICT(S): AUS, BMT, DAL, HOU, LFK, SAT, TYL, WAC, YKM.
DBE Construction Report
J & M CONTRACTING, INC. VEN-05113
P.O. BOX 1312 EXP. DATE: 02/01
HUNTSVILLE, TX 77392 TEL:909-291-1691
ERTHWRK, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
J DAMS ELECTRIC COMPANY VEN-06413
P. O. BOX 10491 #B EXP. DATE: 02/03
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Yaffe 33 of 74
FU RT WORTH, TX 76119-099 TEL:817-629-9117 FAX:817 -624-8877
MISC, RST AREA, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__
J.H. PAINTING COMPANY VEN-03691
6124 HWY. 6 NORTH, PMB #103 EXP. DATE: 01/03
HOUSTON, TX 77084 TEL:281-395-4153 FAX:281-395-9991
PAINT
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
J.R.'S LANDSCAPING & SPRINKLER SYSTEMS,INC. VEN-03527
1717 AVENUE K - SUITE 205 EXP. DATE: 02/01
LUBBOC K, TX 79901 TEL:806-765-0720 FAX:806-765-5014
ASPH, LANDSC P, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
J.S. CONSTRUCTION VEN-03030
515 COTTONWOOD DRIVE EXP. DATE: 08/02
KINGSLAND, TX 78639 TEL:915-338-5591 FAX:915-338-5591
CON PAV, ERTHWRK, FENCING, LANDSC P, MAJ STRS, MIN STRS,
TRAF CONT DEV, HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__
J.W. PAVING, INC. VEN-09815
26988 HWY 6 SOUTH EXP. DATE: 06/02
NAVASOTA, TX 77868 TEL:909-825-7595 FAX:409-825-7795
ASPH, ERTHWRK, FENCING, MIN STRS, HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
J-OZ CONSTRUCTION VEN-09451
5230 89TH STREET EXP. DATE: 11/02
LUBBOCK, TX 79424 - TEL:806-783-0565
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction. Report
JAT CONSULTING SERVICES, I NC VEN-06359
7543 ISLAND MILL ROAD EXP. DATE: 12/00
ACWORTH, GA 30102 TEL:770-975-7359 FAX:770-975-1195
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
JBD TRUCKING VEN-06919
P. O. BOX 1007 EXP. DATE: 02/03
KINGSVILLE, TX 78369-100 TEL:361-592-9522 FAX:361-592-9523
HAULING
DISTRICT(S): CRP, LRD, PHR, SAT, YKM.
JEMARI GROUP, INC. VEN-05987
PO BOX 21695 EXP. DATE: 12/02
BEAUMONT, TX 77720-1695 TEL:409-832-9090 FAX:909-832-9013
HAULING, NAJ STRS, MIN STRS, PAINT
http://www.dot.state.tx.us/insdtdot/geodist/sat/cserve/dbelsUdbelssat.htm 3/27/00
ucsc vuectory by Htphabeuc Listing - ~N.iv f~iv i vivtU
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
JERUSALEM CORPORATION
P O BOX 7003
DALLAS, TX 75209 TEL:972-690-0246
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report __
JHABORES CONSTRUCTION CO, INC.
4695 ARLENE
CORPUS CHRISTI, TX 78911 TEL:512-852-8858
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, AMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
JIM CONSTRUCTION, INC.
DAL, ELP,
Yage 34 of 74
VEN-02817
EXP. DATE: 09/02
DAL, ELP,
VEN-05396
EXP. DATE: 01/01
DAL, ELP,
707 VIRGINIA STREET, SUITE 918 EXP
EAST CHARLESTON, WV 2530 TEL:309-393-7448 FAX:304-393-9889
VEN-06219
DATE: OS/00
ERTHWRK, HAULING, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
JIMENEZ, PETE
2623 MCNUTT
SAN ANTONIO, TX 78222 TEL:630-276-8268
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DBE Construction Report
JLG TRUCKING
5540 NORWOOD COURT
EL PASO, TX 79929 TEL:915-821-0671
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
._
JOE HERNANDEZ ENTERPRISE, INC
VEN-06277
EXP.. DATE: 05/02
VEN 03649
EXP. DATE: 05/02
DAL, ELP,
7805 WANEBE EXP
DALLAS, TX 75235 TEL:972-869-1699 FAX:972-869-1695
VEN-00669
DATE: 01/03
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
JONA CONTRACTING, INC. VEN-03917
PO BOX 1328 EXP. DATE: O1/O1
GRAPEVINE, TX 76099-1328 TEL:817-930-4697
FENCING, LANDSCP, MIN STRS, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Constructi on Report
JOSEPH P. GARCIA CONSTRUCTION INSPECTION SERVICE - VEN-06213
829 PARK PLAZA, APT. 103 EXP. DATE: 12/02
AUSTIN, TX 78753 TEL:512-923-9357 FAX:512-339-6389
MISC, AVIATION
DISTRICT(S): AUS, BMT, BRY, BWD, DAL, HOU, LFK, SAT, WAC, WFS.
JR CONSTRUCTION VEN-04709
http://www.dot.state.tx.us/insdtdot/geodist/sat/cserve/dbelst/dbelssat.htm 3/27/00
utsn uirec[ory Dy Alphabetm Listm~ -JAN AN 1 UN lU
Page 35 of 74
1439 ESTRADA ROAD EXP. DA'Z'E: 02/01
FLORESVILLE, TX 78119 TEL:830-216-4838
LANDSC P, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
JUAN MARTINEZ CONSTRUCTION VEN-05371
PO BOX 6945 EXP. DATE: 02/02
LUBBOC K, TX 79993 TEL:806-385-3287
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
___. .__
JUAREZ TRUCKING - - ----~
VEN-04236
13822 TURTLE CROSS EXP. DATE: 06/02
SAN ANTONIO, TX 78253 TEL:210-679-7661 FAX:210-679-8938
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
K. G. TRUCKING, INC. VEN-09087
PO BOX 3912 EXP. DATE: 12/02
HUMBLE, TX 77347 TEL:281-359-8935 FAX:281-359-8269
HAULING
DISTRICT(S): AUS, BMT, BRY, HOU, LFK, SAT, YKM.
DBE Construction Report
KARMY CONSTRUCTION INC
VEN-09091
2300 FM 3098 EXP. DATE: O1/O1
CLEBURNE, TX 76031-7888 TEL:817-517-7000
CON PAV, HAULING, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
D8E Construction Report
KAZLYN, INC. VEN-05630 --
HC 86 BOX 49 EXP. DATE: 09/02
MENARD, TX 76859 TEL:915-975-3091 FAX:915-975-3091
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
KFH GROUP, INCORPORATED VEN-05995
9920 ELM STREET, SUITE 350 EXP. DATE: 12/00
BETHESDA, MD 20819 TEL:301-951-8660 FAX:301-951-0026
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
___ , __ - -
KZOWA PEAK INDUSTRIES INC VEN-09771
P. O. BOX 768 EXP. DATE: 02/01
ASPERMONT, TX 79502 TEL:940-989-2939 FAX:940-989-3622
ERTHWRK, HAULING, LANDSCP, MAT SUP, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
. __ _ _
KJM & ASSOCIATES, LTD. VEN-03857
500 108TH AVE NE, SUITE 1000 EXP. DATE: OS/00
BELLEVUE, WA 98009 TEL:925-951-3881
MISC
DISTRICT(S): AHL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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FT F7, HOU, LDB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
KLW, INC. VEN-01112
P.O. BOX 201807 EXP. DATE: 10/02
AUSTIN, TX 78720-1807 -TEL:512-336-7917 FAX:512-336-7038
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, HRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
KM CHNG ENVIRONMENTAL INC. VEN-06089
70 BLANCHARD ROAD EXP. DATE: 03/00
BURLINGTON, MA 01803 TEL:781-272-4060 FAX:781-272-8867
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
KNUDSON & ASSOCIATES VEN-09096 --~
8588 KATY FREEWAY - SUITE 491 EXP. DATE: 06/02
HOUSTON, TX 77029 TEL:713-963-8200 FAX:713-963-8011
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_ _ _..
KRAMER ASSOCIATES VEN-06332
580 UTICA AVENUE EXP. DATE: O1/00
BOULDER, CO 80304-0775 TEL:303-247-1762 FAX:303-297-1763 PENDING
AVIATION
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
L b K ELECTRIC SUPPLY COMPANY, LTD. VEN-09853
P.O. BOX 11889 EXP. DATE: 10/00
BIRMINGHAM, AL 35202-188 TEL:205-328-5100 FAX:205-328-3529
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-- --- -- _
L. 0. TRUCKING CO. VEN-01237
9821 CLINTON DRIVE, SUITE A 6 B EXP. DATE: 07/02
HOUSTON, TX 77029 TEL:713-675-1962
HAULING, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
L.M. EQUIPMENT COMPANY _ __ - ,. _--- ,. _.- ~_.__.. _: ,•--~
VEN-06307
349 MCBRIDE LANE EXP. DATE: 07/02
CORPUS CHRISTI, TX 78408 TEL:361-687-9286 FAX:361-882-1931
ASPH
DISTRICT(S): AUS, BRY, CRP, HOU, PHR, SAT, YKM.
DBE Construction Report
L.P. COMPANY --(LEONEL PUENTE) VEN-05180
ROUTE 2, BOX 398 EXP. DATE: 02/03
MISSION, TX 78572 TEL:956-585-0698 FAX:956-585-6484
HAULING, LANDSCP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
L.S. S S. TRANSPORT, INC. VEN-06036
322 WOOD SHADOW EXP. DATE: 06/02
SAN ANTONIO, TX 78216 TEL:210-999-2179 FAX:210-999-2179
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uuc Uuec[ory by FllphabeLC L[s[mg - JHIV HIV 1 V1v W
HAULING
DISTRICT(S): AUS, BWD, CRP, SAT, SJT, YKM.
DBE Construction Report
L.S. INSURANCE SERVICES, INC.
2223 MANGUM,#100 - EXP.
HOUSTON, TX 77092-8115 TEL:713-957-8082 FAX:713-609-1600
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, L68, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__ __
LANDTECH, INC. (LANDTECH CONSULTANTS, INC.) -
2627 NORTH LOOP WEST, STE 229 EXP.
HOUSTON, TX 77008 TEL:713-861-7068 FAX:713-861-4131
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
Page 37 of 74
VEN-02855
DATE: 09/02
ELP,
VEN-01255
DATE: 11/02
ELP,
LANGE CONSTRUCTION COMPANY VEN-04637
PO BOX 295 EXP. DATE: 10/02
MASON, TX 76856 TEL:915-397-6993 FAX:915-347-5321
FENCING, LANDSC P, MIN STRS, MISC, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
LANIER STEEL PRODUCTS, ZNC VEN 06922
PO BOX 912 EXP. DATE: 09/00
COMMERCE, GA 30529 TEL:706-335-7200 FAX:706-335-3410
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
LARA HAULING COMPANY, INC. VEN-00029 -
PO BOX 531546 EXP. DATE: 11/02
GRAND PRAIRIE, TX 75053- TEL:972-263-3005 FAX:972-269-7978
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction_Report
LAY-SU 6 ASSOCIATES, INC., R. VEN-01288
7322 SOUTHWEST FREEWAY, SUITE 1820 EXP. DATE: 06/02
HOUSTON, TX 77079 TEL:713-772-0660 FAX:713-772-0672
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_-. _..
LAYFIELD CONSTRUCTION, INC VEN-09835
P.O. BOX 220 EXP. DATE: 07/02
KERENS, TX 75199 TEL:903-396-7090 FAX:903-396-7090
FENCING, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
LCA ENVIRONMENTAL, INC. VEN-05584
2109 LUNA ROAD, SUITE 240 EXP. DATE: 01/03
CARROLLTON, TX 75006 TEL:972-291-6680 FAX:972-291-6689
PROF SERV, MISC
DISTRICT(S): AHL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-_
_._. _ _.
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u~3G LJnecrory by AlphabeUC L~sUng -JAN AN t UN1U
LEAL CONSTRUCTION, INC.
PO BOX 157 EXP.
OLMITO, TX 78575 TEL:956-592-9630
ASPH, ERT HWRK, FENCING, ILLUM, LANDSC P, MAJ STRS, MIN STRS,
TRAF CONT DEV, UNDERGRD UT IL WK
DISTRICT(S): CRP, PHR, SAT.
DBE Construction Report
LEFTWICH & ASSOCIATES
909 SHILOH DRIVE EXP.
DESOTO, TX 75115 TEL:972-230-0865 FAX:972-230-8183
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_ _
LENTZ GROUP INC., THE
2600 CITADEL PLAZA DR., SUITE 115 EXP.
HOUSTON, TX 77008-1350 TEL:713-869-2623 FAX:713-864-7930
MISC
DISTRICT(S): AUS, DAL, FTW, HOU, SAT, YKM.
__ _
LEON J. PETTY INSURANCE AGENCY
PO BOX 661 EXP.
ABILENE, TX 79609 TEL:915-673-9741 FAX:915-673-9743
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
LEONARD TECHNICAL SERVICES, INC.
ONE SUMMIT AVENUE, SUITE 903 EXP.
FORT WORTH, TX 76102 TEL:817-332-7913 FAX:617-332-2908
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, HRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR,PH R, SAT, SJT, TYL,
WAC, WFS, YKM.
Page 38 of 74
VEN-05195
DATE: 02/02
VEN-04660
DATE: 07/02
ELP,
VEN-05893
DATE: 06/02
VEN-04581
DATE: 07/02
ELP,
VEN-01256
DATE: 11/02
ELP,
LILLIE'S TRUCKING INC. VEN-09867
1110 RADAM CIRCLE EXP. DATE: 02/01
AUSTIN, TX 78795 TEL:512-449-1369
HAULING
DISTRICT(S): AUS, CRP, DAL, FTW, HOU, SAT, WAC, YKM.
_.. _...
-.. __. _.
- - - __
LIN ENGINEERING, INC. VEN-01233
11806 WILCREST DR., SUITE 200 EXP. DATE: 01/03
HOUSTON, TX 77031 TEL:281-530-3168 FAX:281-530-8279
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
___
__ _ ___
LINDA'S CONSTRUCTION INC. (LCI) VEN-01221
PO DRAWER E EXP. DATE: 06/02
KINGSVILLE, TX 78369 TEL:512-592-2351 FAX:512-592-2350
FENCING, TRAF CONT DEV
DISTRICT(S): AUS, BMT, BRY, CRP, HOU, LRD, PHR, SAT, YKM.
DBE Construction Report
LIPHAM TRUCKING VEN-09805
817 W. MISSOURI STREET EXP. DATE: 08/02
FLOYDADA, TX 79235 TEL:806-983-5769
HAULING, ERTHWRK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
LISKA CONSTRUCTION CO., INC. VEN-03591
1630 N. HWY 123 EXP. DATE: 12/02
KARNES CITY, TX 78118 TEL:830-780-2277 FAX:830-780-3379
FENCING, MAJ STRS, MIN STRS
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ursn virecwry by A)phabet~c Listing - ~H(v fuv i ~ivw
Page 3y of 74
DISTRICT(S): AUS, CRP, PHR, SAT, YKM.
DBE Construction Report
LKC CONSULTING SERVICES INC. VEN-02856
9617 MONT ROSE BLVD., SUITE C230 EXP. DATE: 02/01
HOUSTON, TX 77006 -TEL:713-522-2554 FAX:713-522-2805
PUBL TRANS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
LMC CORPORATION VEN-09751
9191 WINKLER DRIVE, SUITE A EXP. DATE: 08/02
HOUSTON, TX 77017-5967 TEL:713-947-2922 FAX:713-997-0667
ERTHWRK, MAJ STRS, MIN STRS, MISC, PAINT
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-.. _ __
. __ __..
LONE STAR PRINTING & OFFICE SUPPLIES, INC. VEN-05491
115 W. COURT STREET EXP. DATE: 07/02
SEGUIN, TX 78155 TEL:830-372-3292 FAX:830-372-3292
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
LOPEZ & ASSOCIATES, INC., WENDY VEN 02870
1825 MARKET CENTER BLVD.-SUITE 510 EXP. DATE: 07/02
DALLAS, TX 75207 TEL:219-741-7777 FAX:219-741-9413
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
LOVE ELECTRIC, INC.(ROBERT M. LOVE, INC.) VEN-03833 -~
P O BOX 130728 EXP. DATE: 08/02
TYLER, TX 75713-0728 TEL:903-592-7561
ILLUM, LANDSC P, MIN STRS, RST AREA, TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
LOZANO TRUCKING COMPANY, INC. VEN-01210
307 W. CHAVANEAUX ROAD EXP. DATE: 12/02
SAN ANTONIO, TX 78221 TEL:512-924-4311 FAX:210-927-9900
ASPH, ERTHWRK, HAULING
DISTRICT(S): SAT.
_ _
LUCID AND SONS, INC. VEN-01215
7605 FM 1625 EXP. DATE: 09/02
AUSTIN, TX 76794 TEL:512-243-1143 EAX:512-243-1117
HAULING
DISTRICT(S): AUS, BRY, BWD, CRP, HOU, PHR, SAT, SJT, WAC, YKM.
DBE Construction Report
LUNA ENTERPRISES,INC., S. VEN-01283
P.O. BOX 1086 EXP. DATE: 09/02
SEGUIN, TX 78156-1086 TEL:830-372-2896 FAX:830-372-0910
MAJ STRS
DISTRICT(S): ABL, AMA, ATL, AUS,BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction. Report
LWS, INC. VEN-02885 ,--~
3918 VARSITY DRIVE EXP. DATE: 06/01
ANN ARBOR, MI 98108 TEL:739-975-2966 FAX:739-975-1696
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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t'age 4U of 74
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
LYNDA KAY, INC. VEN-00647
2063 CR 1370 EXP. DATE: 07/02
ALVORD, TX 76225-7592 ~TEL:990-927-3428 FAX:990-927-3595
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__ _
M TRANSPORT, INC. (MARES TRUCKING)
DAL, ELP,
2439 TOPAZ DRIVE EXP
HARLINGEN, TX 78552 TEL:956-923-3022 FAX:956-423-4466
HAULING
DISTRICT(S): AUS, CRP, HOU, LRD, PHR, SAT, SJT, YKM.
DBE Construction Report
M. B. TRANSPORTATION, INC.
PO BOX 927 EXP
BRIDGEPORT, TX 76426 TEL:940-683-3990 FAX:940-683-3391
VEN-06025
DATE: 07/02
VEN-05531
DATE: 06/02
HAULING, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
M.B.E., INC. (MINNESOTA BUSINESS ENTERPRISES) VEN-04720
525 BRIMHALL AVENUE EXP. DATE: 05/02
LONG LAKE, MN 55356 TEL:612-973-0921 FAX:612-473-5145
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
..
M.E.D. STEREO & COMPUTERS, INC. VEN-05925
2125-A W. WASHINGTON EXP. DATE: 12/02
STEPHENVILLE, TX 76901 TEL:259-965-7760 FAX:259-965-7761
MAT SUP, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
--
M-5 TRUCKING VEN-06322
9462 BRUSHY POINT EXP. DATE: 08/02
SAN ANTONIO, TX 78250 TEL:210-256-8626
HAULING
DISTRICT(S): SAT.
MACIAS & ASSOCIATES, INC. VEN-09039
5410 SOUTH 1ST STREET EXP. DATE: 08/02
AUSTIN, TX 78795 TEL:512-942-7875 FAX:512-942-7876
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MACIAS 6 SON TRUCKING VEN-05610
607 CHANNING AVENUE EXP. DATE: 10/02
SAN ANTONIO, TX 78210 TEL:210-539-7175
HAULING
DISTRICT(S): CRP, PHR, SAT, YKM.
__. ___
MADISONVILLE ROADBUILDERS, INC. VEN 09065
PO BOX 1001 EXP. DATE: 02/01
MADISONVILLE, TX 77864 TEL:409-348-3436
ASPH, ERTHWRK, FENCING, HAULING, LANDSCP, MIN STRS, PAINT, RST AREA
DISTRICT(S): ATL, AUS, BMT, BRY, CRP, DAL, HOU, LFK, SAT, TYL, WAC,
YKM.
._
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Page 41 of 74
MAESTAS S BAILEY, INC. VEN-03837
518 E. RAMSE Y, SUITE 204 EXP. DATE: 08/02
SAN ANTONIO, TX 78216 TEL:210-366-1988 FAX:210-366-1980
PROF SERV
DISTRICT(S): ABL, AMA, AUS, CHS, CRP, ELP, LBB, ODA, PHR, SAT, SJT,
WFS, YKM.
_-
__ - _ -
MAGALLANES TRUCKING VEN-05397
4411 FM 307 EXP. DATE: 02/03
MIDLAND, TX 79706 TEL:915-570-0720 FAX:915-570-1823
HAULING
DISTRICT(S): ABL, AMA, AUS, CRP, ELP, FTW, HOU, LBB, LRD, ODA, PAR,
PHR, SAT, SJT, WFS.
DBE Construction Report
__... ~. _
MAHLEN, ALIS KILPATRICK VEN-06215
PO BOX 17387 EXP. DATE: 12/02
FORT WORTH, TX 76102 TEL:B17-838-2016 FAX:817-838-2028
PROF SERV
DISTRICT(S): AUS, BRY, DAL, FTW, HOU, SAT, WAC, WFS.
-_
_ _, ,
MALDONADO NURSERY & LANDSCAPING, INC. VEN-05525
9393 STAHL ROAD EXP. DATE: 02/01
SAN ANTONIO, TX 78217 TEL:210-599-1219
LANDSCP
DISTRICT(S): AUS, BMT, BRY, CRP, HOU, LFK, PHR, SAT, YKM.
-. __ __
MALDONADO TRUCKING, FELIX VEN-04048
11250 HWY. 16 SOUTH EXP. DATE: O1/O1
SAN ANTONIO, TX 78229 TEL:210-628-1605
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WES, YKM.
DBE Construction Report
MALDONADO, HERMENEGILDO G. VEN-06289
1423 SAENZ EXP. DATE: 04/02
SAN ANTONIO, TX 78219 TEL:210-627-9518
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
MANHOLE SPECIALISTS VEN-06336
2041 PRIEST DRIVE EXP. DATE: 09/02
HOUSTON, TX 77093-5930 TEL:713-692-7197
MIN STRS, MISC, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__._
.--,
MARIO TANDUMS TRUCKING CO. - VEN-06361
546 FLANDERS STREET EXP. DATE: 11/02
SAN ANTONIO, TX 78219 TEL:210-922-6905 FAX:210-922-6905
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MARSHALL CONSTRUCTION, INC. VEN-04665
17739 CRRTWRIGHT MTN. RD. EXP. DATE: 10/00
MOUNTAINBURG, AR 72996 TEL:501-369-2268
CON PAV, MAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MARSHALL'S TRUCKING 5 CONSTRUCTION VEN-04015
311 SEALANDER EXP. DATE: 12/02
CROSBY, TX 77532 TEL:713-299-0529 FAX:281-328-9873
ASPH, ERTHWRK, FENCING, HAULING, LANDSCP, MAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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Page 4l of 74
FTW, f10U, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
DBE Construction Report		
MARTINEZ CORPORATION		VEN-01391
1408 NORTHLAND DRIVE, SUITE 109	EXP.	DATE: 02/01
MENDOTA HEIGHTS, MN 5512 TEL:651-686-8429		
MISC		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
MARTINEZ, WRIGHT & MENDEZ, INC.		VEN-01360
1106 CLAYTON LANE, SUITE 900 W	EXP.	DATE: 08/02
AUSTIN, TX 78723 TEL:512-953-0767 FAX:512-453-17	39	
PROF SERV		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.
__		
MAS-TEK ENGINEERING & ASSOCIATES, INC.		VEN-05608
9050 AUTOBAHN DRIVE, SUITE 900	EXP.	DATE: 11/02
DALLAS, TX 75237 TEL:972-709-7389 FAX:972-709-73	85	
PROF SERV, MISC		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.
_ _. _ _
__		
_
_
MASSEY, CO., J. L.		_
VEN-05585
P O BOX 554	EXP.	DATE: 12/02
CEDAR PARK, TX 78630 TEL:512-918-0590 FAX:512-821-33	59	
FENCING, LANDSCP, MISC		
DISTRICT(S): AUS, BRY, BWD, FTW, SAT, WAC, YKM.		
DBE Construction Report
-		
,
MATEO CONSULTING ENGINEERS, INC.		
VEN-09836
5580 PETERSON LANE, SUITE 225	EXP.	DATE: 07/02
DALLAS, TX 75290 TEL:972-233-6700 FAX:972-233-77	09	
PROF SERV, MISC		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
MAVERICK TRUCKING		VEN-05958
P.O. BOX 2126	EXP.	DATE: 08/02
UVALDE, TX 78802 TEL:830-591-1939		
HAULING		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
MC SURVEYING		VEN-05300
910 W. ENON, SUITE 101	EXP.	DATE: 01/03
EVERMAN, TX 76190 TEL:817-551-5750 FAX:817-551-16	99	
PROF SERV, MISC		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
MCBRIDE TRUCKING, INC., ROBERT		VEN-04049
3323 ELIJAH	EXP.	DATE: O1/O1
AUSTIN, TX 76745 TEL:512-282-1795		
HAULING		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
DBE Construction Report		
MCCARTY SUPPLY CORPORATION		VEN-09153
205 SOUTH WILHITE	EXP.	DATE: 02/01
CLEBURNE, TX 76031 TEL:817-641-2302		
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Page 43 of 74
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MCCAULEY, DEVOID - VEN-06290
5927 LAKE PINE STREET EXP. DATE: 06/02
SAN ANTONIO, TX 78222 TEL:210-698-9576
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
_._
___
MCGRATH TRUCKING VEN-04762 -
P.O. BOX 1195 EXP. DATE: 02/01
FRESNO, TX 77545 TEL:281-777-8378 FAX:800-367-2431
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BAY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
---.
MCGRAY & MCGRAY LAND SURVEYORS, INC VEN 04030
3301 HANCOCK DR., SUITE 6 EXP. DATE: 08/02
AUSTIN, TX 78731 TEL:512-451-8591 FAX:512-951-8791
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MCRYAN HAULING, INC. VEN-01339
P.O. BOX 1669 EXP. DATE: 02/03
ROANOKE, TX 76262 TEL:817-930-3213 FAX:817-636-2209
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
MDA INSULATION, INC. VEN-09905
P.O. BOX 7589 EXP. DATE: 01/03
ODESSA, TX 79760 TEL:915-332-9023 FAX:915-332-8500
MZSC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MEB ENGINEERING, INC. VEN-04069
8196 BRANIFF EXP. DATE: 02/01
HOUSTON, TX 77061 TEL:713-649-0120
ASPH, CON PAV, ERTHWRK, FENCING, ILLUM, MIN STRS, UNDERGRD UTIL WK,
MAJ STRS, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
MENDEZ CONSTRUCTION COMPANY VEN-02267
P. O. BOX DRAWER E EXP. DATE: O1/O1
CORPUS CHRISTI, TX 78469 TEL:512-265-9500 FAX:512-265-9333
ASPH, CON PAV, ERTHWRK, FENCING, HAULING, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_- _,-
METRO TANK LZNES, INC. VEN-09043
P. 0. BOX 569 EXP. DATE: O1/O1
woLFFORTH, TX 79382 TEL:806-792-8262 FAx:806-792-8402
HAULING, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
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Page 44 of 74
DBE Construction Report
METROPLEX CORPORATION VEN-03520
512 G STREET SW EXP. DATE: 06/00
WASHINGTON, DC 20029 TEL:202-988-7185 FAX:202-488-8068
MISC, LANDSCP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MIRATEK CORPORATION VEN-05676
8201 LOCKHEED, SUITE 216 EXP. DATE: 12/02
EL PASO, TX 79925 TEL:915-772-2852 FAX:915-772-1769
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
--
MK ENGINEERS _ __. -:-... ._ -_.. _,~
VEN-02793
2739 WEST KINGSLEY ROAD EXP. DATE: 10/02
GARLAND, TX 75041 TEL:972-271-4987 FAX:972-271-9693
PROF SERV
DISTRICT(S): AUS, DAL, FTW, HOU, PAR, SAT, TYL, WAC, YKM.
MOBLEY ASSOCIATES, INC., JANE VEN-05892
600 WEST 97TH STREET, SUITE 201 EXP. DATE: 07/02
KANSAS CITY, MO 69112 TEL:816-531-3330 FAX:816-531-2844
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_ _
MONTELONGO, ROBERTO VEN-06255
P .O. BOX 518 EXP. DATE: O1/O1
ELMENDORF, TX 78112 TEL:210-633-3235
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
,_ --,
MONTGOMERY CONSULTING GROUP INC VEN-05949
225 S0. SWOOPE AVENUE - SUITE 204 EXP. DATE: OB/00
MAITLAND, FL 32751 TEL:907-539-7030 FAX:907-539-7035
MISC, AVIATION
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_.
___ _
MONTGOMERY TRANSPORTATION - -- ~--'
VEN-06345
6319 GENTLE RIVER EXP. DATE: 09/02
DALLAS, TX 75241 TEL:972-225-1977 FAX:972-225-1478
HAULING
DISTRICT(S): AUS, DAL, FTW, SAT, TYL, WAC, WFS.
MOORE CONSTRUCTION, INC. VEN-03913
PO BOX 356 EXP. DATE: 06/02
SULPHUR SPRINGS, TX 7598 TEL:903-865-0806 FAX:903-685-9535
CON PAV, ERTHWRK, FENCING, HAULING, LANDSCP, MAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
MOORE, LEE IVORY _.. - _ - ,. - --- ... - , ,.--.
VEN-01372
818 TIBBIT EXP. DATE: 05/02
SAN ANTONIO, TX 78295 TEL:210-677-0965
TROCK OWNER-OPERATOR
DISTRICT(S): SAT.
____ __
MORALES TRUCKING, ROBE RTO VEN-03763
618 ROACH STREET EXP. DATE: 02/03
UVALDE, TX 78801 TEL:830-278-2529
HAULING
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DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
MORENO AND ASSOCIATES, INC., O.A. VEN-03929
13180 ASHFORD POINT DRIVE- EXP. DATE: 08/02
HOUSTON, TX 77082 TEL:281-920-2601 FAX:281-920-2795
LANDSC P, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
MORENO CARDENAS, INC. VEN-03377 ---
2505 E. MISSOURI, SUITE 100 EXP. DATE: 07/02
EL PASO, TX 79903 TEL:915-592-0307 FAX:915-592-0307
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_____.
MORENO, JESUS -:: -: __ _ ---->,:,
VEN-05169
502 SOLAS DR EXP. DATE: 05/02
SAN ANTONIO, TX 78227 TEL:210-929-7798
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DBE Construction Report
__
MORENO, MARIO VEN-03796
430 VICKERS EXP. DATE: 06/02
SEGUIN, TX 78155 TEL:210-379-1046
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
--_
MORENO, MARTIN VEN-06288
7230 SHADOW RIDGE EXP. DATE: 06/02
SAN ANTONIO, TX 78250 TEL:210-520-1943
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
MUNOZ, JAIME R. VEN-06290
1722 COMMERCIAL EXP. DATE: O1/O1
SAN ANTONIO, TX 78221 TEL:210-977-9760
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DBE Construction Report
MUSQUIZ, JR., INEZ VEN-05504
PO BOX 10 EXP. DATE: 10/02
SABINAL, TX 78881 TEL:830-988-2579
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
NATIONAL SERVICES RESEARCH VEN-06279
6300 RIDGLEA PLACE STE 600 EXP. DATE: 04/02
FORT WORTH, TX 76116 TEL:817-731-3993 FAX:817-731-'7183
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_ -____
NATIVE AMERICAN MATERIAL COMPANY, THE VEN-05064
PO BOX 927 EXP. DATE: 03/00
ARDMORE, OK 73402 TEL:580-226-3566
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
NATIVE LANDSCAPING, INC VEN-06228
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1713 GAMBLE QUAIL EXP. DATE: 05/02
EL PASO, TX 79936 TEL:915-857-5573
LANDSC P, MISC
DISTRICT(S): AMA, BWD, CRP, ELP, LBB, LRD, ODA, PHR, SAT, SJT.
NEWMAN ENGINEERING, YVONNE VEN-05292
1810 SHILOH ROAD - SUITE 701 EXP. DATE: 05/02
TYLER, TX 75703 TEL:903-581-8551
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__. _ _
NOBIS ENGINEERING, INC. VEN-05511
P.O. BOX 2890 EXP. DATE: 11/02
CONCORD, NH 03302-2890 TEL:603-224-9182 FAX:603-224-2507
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
NORIEGA 5 NORIEGA, INC. VEN-05025
1805 RANGEWAY DRIVE EXP. DATE: 12/99
JOSHUA, TX 76058 TEL:817-691-2033 PENDING
ASPH, CON PAV, FENCING, LANDSCP, MIN STRS, MISC, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
___._ _..
NORTH AMERICAN CONTROLS CORPORATION VEN-03176
510 ELLINGTON FIELD - STE 100 EXP. DATE: 06/02
HOUSTON, TX 77034 TEL:261-481-3073 FAX:281-981-3079
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
_-_ ,_._ _
NORTH HOUSTON TRUCKING VEN-04780
1516 ERWIN EXP. DATE: 01/01
HOUSTON, TX 77039 TEL:281-590-8099
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
NORTH TEXAS AERIAL SURVEYS VEN-06219
1816 HIGHRIDGE COVE EXP. DATE: 12/02
CARROLLTON, TX 75006 TEL:972-245-8093 FAX:972-946-8135
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
NORTH TEXAS TRUCKING, INC. VEN-04663
P O BOX 542892 EXP. DATE: 09/02
DALLAS, TX 75354 TEL:800-395-3960 FAX:972-393-4590
HAULING
DISTRICT(S): AUS, BWD, DAL, FTW, SAT, WAC.
DBE Construction Report
NUSTATS INC. ~ - _ VEN-02298
3006 BEE CAVES ROAD - SUITE A-300 EXP. DATE: 02/01
AUSTIN, TX 78746 TEL:512-306-9065
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_. _.. _
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Page 47 of 74
NUWAY INTERNATIONAL, INC.		VEN-06129
P O BOX 270898	EXP.	DATE: 07/02
CORPUS CHRISTI, TX 78427 TEL:361-854-8833 FAX:361-859-83	95	
ASPH, CON PAV, ERT HWRK, FENCING, ILLUM, LANDSC P, MAJ STRS	, MIN	STRS,
MISC, PAINT, RST AREA, TRAF CONT DEV, UNDERGRD UTIL WK		
DISTRICT(S): AUS, CRP, HOU, LRD, PHR, SAT, YKM.		
NXL CONSTRUCTION SERVICES, INC.		VEN-03530
119 EAST CARY STREET, STE 200	EXP.	DATE: 02/00
RICHMOND, VA 23219-3735 TEL:809-694-9600		
PROF SERV, MISC		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.
___._.
__..		
O'HENRY SIGNS ~		VEN-05359
PO BOX 123	EXP.	DATE: 07/02
BRADY, TX 76825 TEL:915-597-0698		
FENCING, LANDSC P, MISC, PAINT, TRAF CONT DEV		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
DBE Construction Report
_
_	
__	

___
_
ODUM SERVICES		___
VEN-01538
6555 HARRIS LAKE ROAD	EXP.	DATE: 07/02
MARSHALL, TX 75672 TEL:903-938-8059 FAX:903-938-88	30	
FENCING, MIN STRS, MISC, PAINT, RST AREA		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
DBE Construction. Report		
OLDFIELD DAMS, INC		VEN-06382
211 N. RECORD ST., SUITE 500, LB11	EXP.	DATE: 11/02
DALLAS, TX 75202 TEL:219-745-9545 FAX:219-795-45	46	
MISC		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.		
OLIVARRI & ASSOCIATES, INC.		VEN-03971
5656 SOUTH STAPLES - SUITE 109	EXP.	DATE: O1/O1
CORPUS CHRISTI, TX 78911 TEL:512-993-5720		
MISC		
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL,	ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,		
WAC, WFS, YKM.
_ ___		
OMEGA CONTRACTING, INC.		VEN-04256
2818 RUDER STREET	EXP.	DATE: 06/02
DALLAS, TX 75212 TEL:219-689-3815 FAX:219-689-0489
ASPH, CON PAV, ERT HWRK, LANDSCP, MAJ STRS, MIN STRS,
UNDERGRD UTILWK
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
OMEGA ENGINEERS, INC. VEN-01526
16350 PARK TEN PLACE, SUITE 120 EXP. DATE: 09/02
HOUSTON, TX 77089 TEL:281-697-9182 FAX:281-647-9169
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
OMNI CONSULTING ENGINEERS VEN-03221
10718 VALLEY HILLS DRIVE EXP. DATE: 07/02
HOUSTON, TX 77071 TEL:713-981-9705 FAX:713-772-1662
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PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ORTEGA CONSTRUCTION CO., INC.
1708 E. FIRST STREET EXP.
EL PASO, TX 79901 TEL:915-533-6725 FAX:915-533-6958
ERTHWRK, HAULING, LANDSC P, MISC, UNDERGRD UTIL WK
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ORTIZ HAULING, JOSE
P.O BOX 199 EXP.
KNIPPA, TX 78870 TEL:830-939-2654
HAULING
DISTRICT(S): SAT.
Page 4iS of 74
ELP,
VEN-01521
DATE: 07/02
ELP,
VEN-06273
DATE: 08/02
OVERBY DESCAMPS ENGINEERS, INC. VEN-09263
1919 OAKWELL FARMS PKWY, SUITE 130 EXP. DATE: 09/02
SAN ANTONIO, TX 78218 TEL:210-828-3520 FAX:210-828-3599
PROF SERV
DISTRICT(S): AUS, BWD, CRP, ELP, ODA,, PHR, SAT, SJT, YKM.
P & H STUCCO & CONSTRUCTION, INC.
1600 MEXICO AVENUE EXP.
TARPON SPRINGS, FL 39689 TEL:727-937-5698 FAX:727-939-6264
MISC, PAINT
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
P. E. STRUCTURAL CONSULTANTS
8436 SPICEWOOD SPRINGS ROAD EXP.
AUSTIN, TX 78759 TEL:512-250-5200 FAX:512-250-5222
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
PALADIN SERVICES INC.
7510 GRISSOM ROAD EXP.
SAN ANTONIO, TX 76251 TEL:210-684-7281 FAX:210-520-2006
MAT SUP
DISTRICT(S): SAT.
VEN-05336
DATE: 11/00
ELP,
VEN-05039
DATE: 10/02
ELP,
VEN-03998
DATE: 12/02
PAN, BANKI & ASSOCIATES,INC., CONSULTANT ENGINEERS VEN-01653
12337 JONES RD, SUITE 218 EXP. DATE: 06/02
HOUSTON, TX 77070 TEL:281-890-8053 FAX:281-897-6336
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
PARAGON PROJECT RESOURCES, INC. VEN-09753
7929 BROOKRIVER DRIVE, SUITE 600 EXP. DATE: 09/02
DALLAS, TX 75247 TEL:214-634-7060 FAX:219-639-0097
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__
PARRA DUMP TRUCK AND BACKHOE WORK, JAIME
13273 W. DORIS DR. EXP.
ODESSA, TX 79764 TEL:915-381-3105 FAX:915-425-9311
HAULING, MISC
DISTRICT(S): ABL, AUS, BWD, CHS, ELP, FTW, LBB, ODA, SAT, SJT,
__
___.
PARSHALL & ASSOCIATES ARCHITECTS
ELP,
VEN-09595
DATE: 09/02
WAC.
VEN-05873
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916 CONGRESS, SUITE #300 EXP. DATE: 02/01
AUSTIN, TX 78701-3620 TEL:512-977-1696
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM..
PARTNERING FOR SUCCESS, INCORPORATED VEN-09676
9835 N. O'CONNOR, SUITE 134 LB EXP. DATE: 08/02
IRVING, TX 75062 TEL:972-255-1393 FAX:972-938-3292
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
-___
PATEL ENGINEERING CO. VEN-01605
10422 GULFSTREAM LANE EXP. DATE: 12/02
SUGARLAN D, TX 77978 TEL:281-999-1014 FAX:281-499-1019
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-,
PAVEMENT MARKINGS VEN-01615
RR 1, BOX 2104 EXP. DATE: 08/02
DONNA, TX 78537 TEL:956-964-0009 FAX:956-464-5677
MISC, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__
PAVLIK AND ASSOCIATES, L. P. VEN-05372
115 WEST 2ND STREET - SUITE 210 EXP. DATE: O1/O1
FORT WORTH, TX 76102 TEL:817-332-2972 FAX:817-870-1832
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
PAWNEE LEASE SERVICE, INC VEN-03696
PO BOX 588 EXP. DATE: 07/02
PAWNEE, TX 78195 TEL:361-956-7209 FAX:361-456-7303
ASPH, ERTHWRK, FENCING, MAJ STRS, MIN STRS, UN DERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-
---
PAYTON CONSTRUCTION COMPANY VEN-03992
PO BOX 763265 EXP. DATE: 08/02
DALLAS, TX 75376 TEL:214-376-1130 FAX:219-376-2817
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
PENA ENGINEERING _.. -.-., - -., -.,.-.,- -_ .__.. -__--. __._. ._-__-,
VEN-06349
1000 WHITEWING EXP. DATE: 10/02
MCALLEN, TX 78501 TEL:956-682-8812 FAX:956-631-7362
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__ _ _
PENA, GEORGE A. VEN-03761
HC33 - BOX 533B EXP. DATE: 06/02
UVALDE, TX 78801 TEL:830-278-5388
TRUCK OWNER-OPERATOR
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Page 50 of 74
DISTRICT(S): SAT.
PENETRATION SAWING & BREAKING, INC. VEN-09894
P. O. BOX 9579 EXP. DATE: 12/02
THE WOODLANDS, TX 77387 TEL:281-363-9999 FAX:281-363-9941
CON PAV, ERTHWRK, MIN ST RS
DI S'1'HICT(S) ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
ET W, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
PEREA TRUCKING, RUBEN			VEN-02398
521 JAMES ST.		EXP.	DATE: O1/O1
EL PASO, TX 79915	TEL:915-542-1908		
HAULING			
DISTRICT(S): ABL, AMA, A	TL, AUS, BMT, BRY,	BWD, CHS, CRP, DAL,	ELP,
FT W, HOD, LBB, LFK, LRD,	ODA, PAR, PHR, SAT, SJT, TYL,	
WAC, WFS, YKM.			
DBE Construction Report		
_	
PEREZ HAULING, ROSALINDA		_
~	VEN-02999
3703 WEST POPLAR		EXP.	DATE: 05/02
SAN ANTONIO, TX 78228	TEL:210-934-4529		
HAULING			
DISTRICT(S): AUS, CRP, P	HR, SAT, SAT.	
__	
PEREZ, ANTONIO G. (JR.)			VEN-05908
1131 WEST MAIN		EXP.	DATE: O1/O1
UVALDE, TX 78801	TEL:830-278-7790		
TRUCK OWNER-OPERATOR			
DISTRICT(S): SAT.			
PEKE Z, GEORGE A.			VEN-05168
1506 BUENA VISTA		EXP.	DATE: 05/02
SAN ANTONIO, TX 78207	TEL:210-225-5071		
TRUCK OWNER-OPERATOR			
DISTRICT(S): SAT.
_	
_	
__	

PIMENTEL, GUADALUPE 0.			_.._.- _ _
VEN-03757
2301 WESTWOOD DR.		EXP.	DATE: 08/02
HONDO, TX 78861	TEL:830-926-4099		
TRUCK OWNER-OPERATOR			
DISTRICT(S): SAT.			
PIMENTEL, PEDRO			VEN-09221
1905 17TH STREET		EXP.	DATE: 06/02
HONDO, TX 78861	TEL:830-926-3172		
TRUCK OWNER-OPERATOR			
DISTRICT(S): SAT.			
PIPELAYERS, INC.			VEN-04608
7580 GRISSOM ROAD		EXP.	DATE: 06/02
SAN ANTONIO, TX 78251	TEL:210-684-7900	FAX:210-689-9633	
MIN STRS, UNDERGRD UTIL	WK		
DISTRICT(S): SAT.			
DBE_Constructioq Report			
PLAIN DEALING TRUCKING C	O., INC.		VEN-03571
3915 E. TEXAS ST.		EXP.	DATE: 06/01
BOSSIER CITY, LA 71111	TEL:318-746-1554	FAX:318-746-1559	
HAULING			
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY,	BWD, CHS, CRP, DAL,	ELP,
FTW, HOD, LBB, LFK, LRD,	ODA, PAR, PHR, SAT, SJT, TYL,	
WAC, WFS, YKM.			
DBE Construction Report			
POLY-CARB, INC.	-	-.._.,.	_ _.,- ----_ _,
VEN-01637
PO BOX 39278		EXP.	DATE: 10/02
SOLON, OH 94139	TEL:940-248-1223	FAX:440-298-1513	
MAT SUP			
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY,	BWD, CHS, CRP, DAL,	ELP,
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ET W, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WES, YKM.
POZNECKI-CAMARILLO & ASSOCIATES, INC. VEN-09379
1603 BABCOCK RD., STE 260 EXP. DATE: 10/02
SAN ANTONIO, TX 78229 ~TEL:210-399-3273 FAX:210-399-4395
PROF SERV
DISTRICT(S): AUS, CRP, PHR, SAT, SJT.
_.
PRECISION CONTRACTING SERVICES, INC VEN-05550
311 W. INDIANTOWN ROAD, SUITE 7 EXP. DATE: 12/00
JUPITER, FL 33958 TEL:561-793-9737 FAX:561-743-0775
MISC, TRAF CON'I DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
PRISM IMAGING, INC VEN-06220
111 WEST ANDERSON LANE #D-198 EXP. DATE: O1/O1
AUSTIN, TX 78752 TEL:512-967-6107
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
PROFESSIONAL CABLING SERVICE, INC. VEN-06122
P.O. BOX 92829 EXP. DATE: 09/02
AUSTIN, TX 78709-2829 TEL:512-892-9240 FAX:512-892-9290
MISC
DISTRICT(S): AUS, BRY, BWD, SAT, WAC.
__..
PROGRESSIVE ENGINEERING CONSULTANTS, INC. VEN 05859
9160 RED BRANCH ROAD, SUITE E-9 EXP. DATE: 09/00
COLUMBIA, MD 21045-2002 TEL:910-715-0390 FAX:910-715-1745
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__ ____
PSA CONSTRUCTORS, INC. VEN-06004
1516 E. HILLCREST STREET STE 310 EXP. DATE: 06/00
ORLANDO, FL 32803 TEL:907-898-9119 FAX:407-898-9077
LANDSCP, MIN STRS, MISC, PAINT, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD,. ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
PULIDO TRUCKING COMPANY, MARTIN VEN-05729
3301 AUBURN EXP. DATE: 02/01
HOUSTON, TX 77017-1503 TEL:713-644-3412
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
PULIDO TRUCKING, INC. VEN-03886
519 WEST 16TH STREET EXP. DATE: 05/02
HOUSTON, TX 77008 TEL:713-864-6540 FAX:713-869-1636
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
PYLE & ASSOCIATES VEN-05212
413 STAGES DRIVE EXP. DATE: 10/02
CORPUS CHRISTI, TX 78912 TEL:361-993-9191 FAX:361-985-0967
PROF SERV
DISTRICT(S): CRP, PHR, SAT, YKM.
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Page SL of 74
QUADRANT CONSULTANTS, INC. VEN-01700
7322 S.[4. FREEWAY, STE 470 EXP. DATE: 08/02
HOUSTON, TX 77079 TEL:713-779-2990 FAX:713-779-3727
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _
QUALITY GENERAL CONTRACTORS, INC VEN-06334
8500 DYER STREET. SUITE 3 EXP. DATE: 09/02
EL PASO, TX 79909 TEL:915-821-0665 FAX:915-751-5911
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
QUALITY PRECAST COMPANY, INC. VEN-06060
6002 NORTH HOUSTON-ROSSLYN ROAD EXP. DATE: 09/02
HOUSTON, TX 77091 TEL:713-688-9115 FAX:713-688-6176
MRT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
_._. _.
_ _.. _..
QUALITY TESTING AND ENGINEERING, INC. VEN-06224
9200 KING ARTHUR EXP. DATE: 01/01
DALLAS, TX 75247 TEL:219-678-0227 FAX:219-678-0228
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _
_ __.._
R. A. M. CO. TRUCKING VEN-03813
1055 NORTH STREET EXP. DATE: 08/02
VIDOR, TX 77662 TEL:909-769-1591 FAX:909-769-3458
HAULING, NAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
-- ____ .
R.GUTIERREZ ENGINEERING CORPORATION VEN-06212
108 NORTH CAGE BLVD. EXP. DATE: 01/03
PHARR, TX 78577 TEL:956-782-2557 FAX:956-782-2558
PROF SERV
DISTRICT(S): AUS, BRY, CRP, ELP, HOU, LRD, ODA, PHR, SAT, SJT, YKM.
R.F.B. CONSTRUCTION CO., INC. VEN-09985
3222 NW HIGHWAY 400 EXP. DATE: 03/00
CHEROKEE, KS 66724 TEL:316-457-8184 FAX:316-957-8186
FENCING, LANDSCP, MZN ST RS
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
RAINBOW ANALYSIS SYSTEMS GROUP, INC. VEN-05993
8800 BUSINESS PARK DRIVE EXP. DATE: O1/O1
AUSTIN, TX 78759 TEL:512-396-7998
MISC
DISTRICT(S): AUS, BMT, BRY, BWD, CRP, DAL, FTW, HOU, SAT, WAC, YKM.
RAMIREZ BROTHERS CEMENT CONSTRUCTION VEN-01829
1009 TENNANT EXP. DATE: O1/O1
AMARILLO, TX 79109 TEL:806-379-1284
CON PAV, FENCING, MAJ ST RS, MIN STRS, PAINT, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
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RAMIREZ, ALEJANDRO JR. VEN-06253
425 CONNER EXP. DATE: 01/01
SAN ANTONIO, TX 78209 TEL:210-534-0177
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
RAMIREZ, MICHAEL VEN-03263
510 E. FORMOSA EXP. DATE: 05/02
SAN ANTONIO, TX 78221 TEL:210-924-9423
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
RAMON & SONS, INC., J. R. VEN-01804
1325 FRIO CITY ROAD EXP. DATE: 06/02
SAN ANTONIO, TX 78226 TEL:210-225-1563 FAX:210-225-7955
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
RAMOS, HUMBERTO VEN-03899
910 E. OPPENHEIMER EXP. DATE: 01/03
UVALDE, TX 78801 TEL:830-278-8642
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
RANGEL, JAVIER... - ~~,~, _.~~_. -.::.- -__._VEN-05292 __-~
241 SOUTH BATES EXP. DATE: O1/O1
UVALDE, TX 78801 TEL:830-591-2530
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
___.. _.
RANGEL, RICHARD VEN-04801
HC 33 BOX 539 - B EXP. DATE: 02/03
UVALDE, TX 78801 TEL:830-278-9909
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
RANGEL, ROBERTO G. VEN-03919
720 WEST GARDEN EXP. DATE: O1/O1
UVALDE, TX 78801 TEL:830-278-3061
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
__._ - - ~_
RAUL REGALADO & ASSOCIATES VEN-06275
1006 SOUTHLAKE HILLS DR. EXP. DATE: 09/02
SOUTHLAKE, TX 76092-8493 TEL:817-921-4750
AVIATION
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
RAYMOND PAINTING, INC. VEN-03625
2329 CEDAR GROVE EXP. DATE: 05/02
DALLAS, TX 75291 TEL:214-376-8597
MISC, PAINT
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
REBAR SERVICE & SUPPLY CO. VEN-01805
PO BOX 40584 EXP. DATE: 07/02
FORT WORTH, TX 76140 TEL:817-483-9603 FAX:817-983-8418
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__
RED RIVER HYDRO-SEEDING, INC.
ELP,
VEN-05915
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P. O. BOX 3045 EXP. DATE: 10/00
TEXARKANA, AR 75504-3095 TEL:870-772-2028 FAX:870-773-2654
CON PAV, FENCING, LANDSCP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report ___ _
RED'S TRUCKING VEN-01876
PO BOX 5660 EXP. DATE: 05/02
AMARILLO, TX 79117 TEL:806-381-1041 FAX:806-383-9515
HAULING
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
REDMAN EXPRESS TRUCKING COMPANY VEN-05091
ROUTE 2, BOX 210 EXP. DATE: 05/02
POWDERLY, TX 75973 TEL:903-732-4961
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report -
REESE CONTRACTING, INC. VEN-01879
P. O. BOX 8352 EXP. DATE: 09/02
CORPUS CHRISTI, TX 78468 TEL:361-994-9555 FAX:361-994-1269
ERTHWRK, FENCING, MAJ STRS, MIN STRS, PAINT, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
REGIONAL REALTY CONSULTANTS INC. VEN-05163
5527 PINEWILDE DRIVE EXP. DATE: 07/02
HOUSTON, TX 77066 TEL:281-397-7788 FAX:281-397-7796
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
RELMCO,INC. -- _ _`:-- _ -.- --: - -.-.--: - VEN-05261
P 0 BOX 154 EXP. DATE: 08/02
HONDO, TX 78861 TEL:830-741-3900 FAX:830-741-2822
ERTHWRK, LANDSCP, MAJ STRS, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): AUS, CRP, LRD, SAT, SJT, YKM.
DBE Construction Report _
RENAISSANCE CONTRACTORS, INC. VEN-05181 -
8905 STERLING STREET EXP. DATE: 02/01
IRVING, TX 75063 TEL: 972-621-0077
ERTHWRK, PROF SERV, FENCING, ILLUM, LANDSCP, MIN STRS,
TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
REYES TRUCKING VEN-00064
9940 SOUTH GRISSOM EXP. DATE: 07/02
ODESSA, TX 79766 TEL:915-332-8063 FAX:915-580-6122
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
REYEX CORPORATION VEN-04943
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Page 55 of 74
P. O. BOX 17992 EXP. DATE: 10/02
EL PASO, TX 79917-7992 TEL:915-659-0660 FAX:915-858-7279
FENCING, MIN STRS, MISC, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _ _
RICHARD'S WELDING SERVICE VEN-05572
2720 90TH STREET EXP. DATE: 01/03
LUBBOCK, TX 79413 TEL:806-797-0813 FAX:606-785-9599
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _
RICHARDSON ENVIRONMENTAL& EXCAVATING SERVICES, INC. VEN 04677
PO BOX 6151 EXP. DATE: 07/02
TEXARKANA, TX 75505-6151 TEL: 903-792-3371 FAX:903-793-4880
ERTHWRK, FENCING, HAULING, LANDSC P, MIN STRS, MISC,
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
RICOCHET FUEL DISTRIBUTORS, INC. VEN-03893
1101-A BEDFORD ROAD EXP. DATE: 08/02
BEDFORD, TX 76022 TEL:817-268-5910 FAX:817-282-7497
PUBL TRANS
DISTRICT(S): AUS, BRY, BWD, CRP, DAL, FTW, SAT, WAC, YKM.
RIO GRANDE STEEL, INC. VEN-03789
POST OFFICE BOX 5178 EXP. DATE: 11/02
MCALLEN, TX 78502 TEL:956-702-9939 FAX:956-702-9937
NAJ STRS, MAT SUP, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
RIO VALLEY PIPE, INC.
7301 WEST EXPRESSWAY 83
MISSION, TX 76572 TEL:956-584-5770
MAT SUP, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
RIVERA TRUCKING
VEN-06158
EXP. DATE: 10/99
PENDING
DAL, ELP,
702 SOUTH HWY 101 EXP
CHICO TX 76931 TEL:990-393-9052 FAX:940-644-5973
VEN-06361
DATE: 11/02
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
RIVERA'S STEEL TIES ~ VEN-01831
PO BOX 551 EXP. DATE: 07/02
POTEET, TX 78065 TEL:830-276-8006
MAJ STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
RJW OPERATIONS, INC. D/B/A/ GROUP SOLUTIONS RJW
DAL, ELP,
2111 DICKSON DRIVE, SUITE 29 EXP
AUSTIN, TX 78704 TEL:512-998-4959 FAX:512-947-6649
MISC
VEN-06439
DATE: 01/03
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Page 56 of 74
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ROADRUNNER TRAFFIC SUPPLY, INC. VEN-03302
P O BOX 122837 _ EXP. DATE: 09/02
FORT WORTH, '1'X 76121 TEL:817-299-0305 FAX:817-229-9819
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ROADWAY CONSTRUCTION, INC. VEN-03591
P. O. BOX 6617 EXP. DATE: 04/02
KATY, TX 77991 TEL:281-391-2076
CON PAV, ERTHWRK, FENCING, NAJ STRS, MIN STRS, PAINT, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ROADWAY ENGINEERING AND CONSTRUCTION, INC. VEN-09790
PO BOX 870309 EXP. DATE: 06/02
MESQUITE, TX 75187 TEL:972-285-1315 FAX:972-285-8358
ERTHWRK, PROF SERV, FENCING, LANDSCP, MIN STRS, MISC, PAINT,
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ROADWAY SPECIALTIES, INC. VEN-03747 l
9929 SOUTH I.H. 35 EXP. DATE: 11/02
AUSTIN, TX 78748 TEL:512-280-6666 FAX:512-280-6066
ERTHWRK, FENCING, LANDSCP, MAT SUP, MIN STRS
DISTRICT(S): AUS, BRY, BWD, CRP, SAT, SJT, WAC, YKM.
DBE Construction Report _
ROBERSON SAND & GRAVEL, INC. VEN-03936
1307 N. ASH EXP. DATE: 12/02
LUBBOCK, TX 79403 TEL:806-763-7522 FAX:806-763-1617
ERTHWRK, HAOLING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__ _
ROBERTS, CLYDE VEN-06280
7722 PIPERS VIEW EXP. DATE: 05/02
SAN ANTONIO, TX 78251 TEL:210-492-5501
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
_ __T _._- -_. _. ___. __.. - - -.___.. _.--..--_,
ROCHA TRUCKING,I NCORPORATED VEN-05057
2309 S.E. 19TH STREET EXP. DATE: 10/02
GRAND PRAIRIE, TX 75051 TEL:972-262-0568 FAX:972-237-2950
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
RODRIGUEZ & HUGGINS, INC. VEN-05567
11211 TAYLOR DRAPER LN., STE 100 EXP. DATE: 06/02
AUSTIN, TX 78759 TEL:512-231-9599 FAX:512-231-9133
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_ __.
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Page ~7 of 74
RODRIGUEZ CONSOLTING ENGINEERS, INC., JAMES T. VEN-04733
15600 SAN PEDRO, SUITE 209 EXP. DATE: 11;02
SAN ANTONIO, TX 78232 TEL:210-496-0960 FAX:210-996-0930
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, FIOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. -
__
RODRIGUEZ ENGINEERING BRIDGE INSPECTIONS VEN-05355
13806 DRAGLINE DRIVE EXP. DATE: 09/02
AUSTIN, TX 78728 TEL:512-251-4954 FAX:512-251-1380
PROF SERV, MISC
DISTRICT(S): ABL, AMA,, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
RODRIGUEZ ENGINEERING LABORATORIES VEN-03836
13806 DRAGLINE DRIVE EXP. DATE: 08/02
AUSTIN, TX 78728 TEL:512-251-4954 FAX:512-251-1380
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
RODRIGUEZ, GILBERT VEN-05830
P.O. BOX 11 EXP. DATE: 06/02
CAMPBELLTON, TX 78008 TEL:830-579-4772
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
_ __ __. _
___-_„
RODRIGUEZ, WILLIAM VEN-06259
5918 QUINTARD EXP. DATE: O1/O1
SAN ANTONIO, TX 78219 TEL:210-927-9351
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
RODS SURVEYING, INC. VEN-05035
6810 LEE ROAD EXP. DATE: 10/02
SPRING, TX 77379 TEL:281-379-6388 FAX:281-379-1602
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ROE ENGINEERING, L.C. VEN-05937
601 N. COTTON, SUITE 6 EXP. DATE: 12/02
EL PASO, TX 79902 TEL:915-533-1918 FAX:915-533-4972
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
RUDY BRE DA RO DBUSTERS COMPANY VEN-05956
P. 0. BOX 68 EXP. DATE: 11/02
SAN ANGELO, TX 76902-006 TEL:915-949-8931 FAX:915-947-0555
CON PAV, MAJ STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report _
RUMCO INC. VEN-04930
PO BOX 518 EXP. DATE: 05/02
BRIDGEPORT, TX 76426 TEL:940-683-5757
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODR, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
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utih uirectory by Alphabetic Listing -SAN AN t UNIU Pagc 58 of 74
S & J ELECTRIC, INC. (STAN k'1 ELD ENTERPRISES) VEN-03036
P O BOX 121516 EXP. DATE: 02/01
FORT WORTH, TX 76121 TEL:817-560-0000
ERTHWRK, FENCING, ILLUM, MIN STRS, RST AREA, TRAF CONT DEV,
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
S & S CONSTRUCTION VEN-04860
P. O. BOX 1925 EXP. DATE: 06/02
NAVASOTA, TX 77868 TEL:909-625-0688
FENCING, LANDSCP, MIN STRS, PAINT
DISTRICT(S): AUS, BMT, BRY, BWD, CRP, FTW, HOU, SAT, SJT, TYL, WAC,
YKM.
DBE Construction Report
S & S PAINTING VEN-06393
18 B ANDREW ROAD EXP. DATE: 11/02
KERRVILLE, TX 78028 TEL:830-896-5208
PAINT
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
S-C WELDING (SPANISH CRAFTS) VEN-04569
521 FRIO CITY ROAD EXP. DATE: 02/01
SAN ANTONIO, TX 78207 TEL:210-226-9237
MISC, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report __ _
SACHEM GROUP, THE VEN-03566
P.O. BOX 202554 EXP. DATE: 09/02
AUSTIN, TX 78720-2559 TEL:512-219-7375 FAX:512-918-8409
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SADDLEBROOK, INC. VEN-05782
WHARTON, TX 77968 TEL:909-657-0078
827 N COTTONDALE RD EXP. DATE: 06/02
LANDSCP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
- -
SAFECO DEMOLITION VEN-06099
23911 HIGHWAY 59 NORTH EXP. DATE: 09/02
KINGWOOD, TX 77339 TEL:281-359-5151 FAX:281-496-4257
LANDSCP, MIN STRS, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SALAS & MORALES INC.(FORMERLY SALAS TRUCKING & EXCAVATION) VEN 06000
913 LIGHTSEY ROAD EXP. DATE: 02/01
AUSTIN, TX 78709-7151 TEL:512-326-9970 FAX:512-784-5875
ASPH, CON PAV, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
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utsr, virectory by Alphabetic Listing -JAN AN I UN tv
DBE Construction Report
SALAZAR, JUAN M.
202 LOVERS LANE EXP.
UVALDE, TX 78801 TEL:830-591-0155
TRUCK OWNER-OPERATOR -
DISTRICT(S): SA'P.
SALDANA'S TRUCKING COMPANY, INC.
209 S.E. 19TH STREET EXP.
GRAND PRAIRIE, TX 75050 TEL:972-269-5313
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
Nage ~y of 74
VEN-06237
DATE: O1/O1
VEN-05325
DATE: O1/O1
ELP,
-,
SALINAS - ESPINOZA, INC. VEN-05563
1293 MONTERREY ST -EXP. DATE: 02/03
UVALDE, TX 78801 TEL:830-278-9560 FAX:830-278-9560
HAULING
DISTRICT(S): SAT. _
SALINAS CONSTRUCTION TECHNOLOGIES, INC.
P.O. BOX 428 EXP.
JOURDANTON, TX 78026 TEL:830-767-3028 FAX:830-767-3027
ASPH, ERTHWRK, HAULING, NAJ STRS, MIN STRS, MISC
DISTRICT(S): AUS, BRY, CHS, CRP, HOU, PHR, SAT, YKM.
DBE Construction Report
__ __- __-
_- ,.--
SALINAS, DAVID M.
5650 GRISSOM ROAD, APT 2017 EXP.
SAN ANTONIO, TX 78238 TEL:210-509-3395
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
SALINAS, JOSE T.
7131 NEW LAREDO HWY EXP.
SAN ANTONIO, TX 78211 TEL:210-923-9108
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DBE Construction Report
SALOMON CISNEROS DUMP TRUCK SERVICE
1000 SANDY OAKS EXP.
BRYAN, TX 77807 TEL:409-822-3702
HAULING
DISTRICT(S): AUS, BRY, FTW, HOU, SAT.
SAM'S DUMP TRUCKS
46 PRESTON OAKS CIRCLE EXP.
ODESSA, TX 79761-3524 TEL:915-368-5383
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction_Report
VEN-09623
DATE: 11/02
-VEN-06279 -~
DATE: 05/02
VEN-06259
DATE: O1/O1
VEN-09033
DATE: 02/03
VEN-01959
DATE: 08/02
ELP,
SAMANIEGO, RICHARD R. VEN-03755
213 EAST BRAZOS EXP. DATE: 12/99
UVALDE, TX 78801 TEL:830-278-5299 PENDING
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
_.
SAN MIL CORPORATION VEN-05431
3181 ORCHARD ROAD ~ EXP. DATE: 10/02
EVANSVILLE, IN 47720 TEL:812-963-8040 EAX:812-963-8099
CON PAV, LANDSCP, MIN STRS, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFf„ YKM.
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lltiL Utrectory by Alphabetic Listing -SAN AN t UNty
Page 60 of 74
SANCHEZ, RICHARD C. VEN-06303
6271 D"'ER VALLEY EXP. DATE: 06/02
G
SAN ANTONIO, TX 78242 TEL:210-675-5120
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DBE Construction Report
SAN DOVAL CONSULTING ENGINEERS, INC. VEN-01985
1802 TATTENHALL EXP. DATE: 08/02
HOUSTON, TX 77008 TEL:713-869-6702 FAX:713-869-3116
PROF SERV
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
ET W, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SAVOY TRADING CO. , INC. _ ~~ ~ _ - ~ - VEN-06368
11381 MEADOWGLEN, SUITE A EXP. DATE: 10/02
HOUSTON, TX 77082 TEL:281-293-7349 FAX:281-293-7708
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SCHOLTZ GROUP, INC., THE VEN 05087
PO BOX 310983 EXP. DATE: O1/O1
NEW BRAUNFELS, TX 78131- TEL:830-606-3913
PROF SERV
DISTRICT(S): AUS, SAT.
SCHOSTER & WALKER, INC.
POST OFFICE BOX 2832 EXP.
SHERMAN, TX 75091-2832 TEL:903-892-1881 FAX:903-892-1881
CON PAV, LANDSCP, MIN STRS, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
„` "- _
SEDIMENT b EROSION CONTROL, INC.
27503 TOMBALL PARKWAY #5 EXP.
TOMBALL, TX 77375 TEL:281-351-6922 FAX:281-351-6930
LANDSCP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
VEN-09750
DATE: 02/03
ELP,
VEN-05962
DATE: 02/03
ELP,
SEDONA CONTRACTING, INC.. VEN-06374
6800 PARK TEN BLVD. SUITE 135 EAST EXP. DATE: 10/02
SAN ANTONIO, TX 78213 TEL:210-736-5335 FAX:210-736-1927
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SEPARATION SYSTEMS CONSULTANTS, INC. (SSCI) VEN 03245
17091 EL CAMINO REAL - SUITE 200 EXP. DATE: 09/02
HOUSTON, TX 77056 TEL:281-486-1993 FAx:261-986-7415
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_.. __ _.
SES HORIZON CONSULTING ENGINEERS, INC. VEN-04211
10101 SW FRWY, SUITE 900 EXP. DATE: 08/02
HOUSTON, TX 77079 TEL:713-988-5509 FAX:713-988-1491
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
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llEil: llirectory by Alphabetic Listing -SAN AN7 UNIU Page 61 of 74
SHANNON'S PORTABLE WELDING VEN-06094
1222 GRANT STREET EXP. DATE: 09/02
DALLAS, TX 75203 TEL:214-941-5901
MISC
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_. _ _ _
SHAR TRUCKING, INC. VEN-01998
P.O. BOX 279 EXP. DATE: 08/02
SEAGOVILLE, TX 75159 TEL:600-522-4735 FAX:972-267-2678
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
_______
SHIPPING CONNECTION VEN-06202
3123 HWY 6 SOUTH EXP. DATE: O1/O1
SUGARLAND, TX 77478 TEL:281-494-9545
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SIDCO ENTERPRISES, INC. VEN-04675
PO BOX 761 EXP. DATE: 05/02
BLANCO, TX 78606 TEL:830-833-5753
HAULING, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
SIERRA MACHINERY, INC. VEN-05230
939 HAWKINS BLVD EXP. DATE: 07/02
EL PASO, TO 79915 TEL:915-772-0613 FAX:915-772-1969
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report '
SIGMA-TECH INTERNATIONAL CORPORATION VEN-05551
4251 KELLWAY CIRCLE EXP. DATE: 06/02
ADDISON, TX 75001 TEL:972-381-8315 FAX:972-381-8318
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SIGNAL LOOP SYSTEMS, INC. VEN-06063
PO BOX 2019 EXP. DATE: 02/00
HAWTHORNE, FL 32640 TEL:352-981-5579 FAX:352-981-5585
ILLUM, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
SKYHAWK CONSTRUCTION CO., INC. VEN-09517
P.O. BOX 6960 EXP. DATE: 06/02
KINGWOO D, TX 77325 TEL:909-878-2339 FAX:909-878-2399
ERTHWRK, FENCING, MIN STRS, CON PAV, LANDSCP, MAJ STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report _
_ __ - __. _
SLAKO ERECTORS, INC _. - _.,_. -..-- -. -------'
VEN-01909
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utsh Directory by Alphabetic Listing - SAN AN tUN1U
Yage 62 of 74
POST OFFICE BOX 2922 EXP. DATE: 12/99
BIG SPRING, TX 79721-292 TEL:915-267-9774 PENDING
FENCING, MAJ STRS, MIN STRS, MISC, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, DDA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
SLI ENGINEERING, INC. VEN-05501
6600 WESTWIND EXP. DATE: 09/02
EL PASO, TX 79912 TEL:915-589-4457 FAX:915-581-7756
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_._ ____
SLIP-TEC -- -- VEN-05728
PO BOX 3096 EXP. DATE: 12/02
CONROE, TX 77305 TEL:909-321-6992 FAX:409-321-6942
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
__._
SMILEY'S TRUCKIN VEN-05611
825 WESTFALL EXP. DATE: 08/02
SAN ANTONIO, TX 78210 TEL:210-539-8018
HAULING
DISTRICT(S): CRP, PHR, SAT.
SMITH, NOEL VEN 05969
3218 VISTA LAKE ST. EXP. DATE: 05/02
SAN ANTONIO, TX 78222 TEL:210-698-9286
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
-_--
SOIL-TECH, INC. - -__- ---- _,--~'-'
VEN-05257
709 W. EXPRESSWAY 83 EXP. DATE: 07/02
PHARR, TX 76577 TEL:956-787-2533 FAX:956-787-8295
LAN DSCP
DISTRICT(S): CRP, PHR, SAT.
DBE Construction. Report
_._
SOUTHWEST CONCRETE SERVICES VEN-06340
392 PENDALE ROAD EXP. DATE: 09/02
EL PASO, TX 79907 TEL:915-858-2990 FAX:915-858-3170
MAJ STRS, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SPECIALTY SALES INC. VEN-03898
17501 113TH AVE. N. EXP. DATE: 05/02
NAPLE GROVE, MN 55369-92 TEL: 612-428-4087
MAT SUP, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SPECTRUM PAVING CO. VEN-04741
9653 BALBOA DRIVE EXP. DATE: 09/02
WICHITA FALLS, TX 76310- TEL:940-691-9149 FAX:990-691-0563
ASPH, CON PAV, MIN STRS
DISTRICT(S): ASL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
SPIVEY BROTHERS CONTRACTING CO. VEN-06139
1910 10TH STREET EXP. DATE: 08/02
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HUNTSVILLE, TX 77390 TEL:409-291-1691 FAX:409-291-7980
CON PAV, FENCING, HAULING, LANDSCP, MAJ STRS, MIN STRS, RST AREA,
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
STAR ENGINEERING GROUP, INC. VEN-05899
P.O. BOX 643 EXP. DATE: 01/03
HELOTES, TX 78023-0693 TEL:210-871-4133 FAX:210-637-8301
PROF SERV
DISTRICT(S): AUS, BMT, CRP, ELP, FTW, HOU, LRD, ODA, PHR, SAT, SJT,
WAC, YKM.
STAR OPERATIONS, INC. VEN-05278
P O BOX 4100 EXP. DATE: 05/02
CORPUS CHRISTI, TX 78969 TEL:512-299-1069
AS PH, CON PAV, ERTHWRK, ILLUM, MAJ STRS, MIN STRS, TRAF CONT DEV,
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
STATEWIDE TRUCKING CORPORATION VEN-06142
P.O. BOX 338 EXP. DATE: 08/02
ROCKWALL, TX 75087 TEL:972-771-1203 FAX:972-771-1299
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
STEPHENS AND HAGAN INTERIOR DESIGN, LLC -`-'
VEN-05910
P.O. BOX 15043 EXP. DATE: 10/02
AMARILLO, TX 79105 TEL:806-342-0702 FAX:606-342-0712
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
STEWART'S APPRAISAL SERVICE, INC. VEN-03931
12913 SOUTH POST OAK, #100 EXP. DATE: 01/03
HOUSTON, TX 77045 TEL:713-729-5761 FAX:713-729-4683
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
STOA INTERNATIONAL ARCHITECTS VEN-05079
7322 SOUTHWEST FREEWAY - SUITE 808 EXP. DATE: 09/02
HOUSTON, TX 77079-2019 TEL:713-995-6789
PROF SERV, MISC
DISTRICT(S): AUS, BMT, BRY, CRP, DAL, FTW, HOU, LFK, PHR, SAT, YKM.
STRIPING SYSTEMS, INC. VEN-01975
PO BOX 324 EXP. DATE: 09/02
MELISSA, TX 75959 TEL:972-837-2429 FAX:972-837-2923
TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
STRIPING TECHNOLOGY, ZNC. VEN-05677
P O BOX 9279 EXP. DATE: 11/02
TYLER, TX 75712 TEL:903-595-6800 FAX:903-595-6255
ILLUM, TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, A'I L, ADS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
STRUCTURAL ENGINEERING ASSOCIATES, INC. VEN-01938
3838 N.W. LOOP 410, SUITE~200 EXP. DATE: 11/02
SAN ANTONIO, TX 78229 TEL:210-735-9202 FAX:210-735-2079
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
SUAREZ, RAUL VEN-06239 -~-~
743 JENNNINGS AVE. EXP. DATE: 01/01
SAN ANTONIO, TX 78225-13 TEL:210-923-3661
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
,___ -,
SUDHAKAR COMPANY, INC. VEN-06177
807 W. MAIN STREET EXP. DATE: 09/02
LEESPORT, PA 19533 TEL:610-926-9193 FAX:610-926-9109
CON PAV, FENCING, LANDSC P, MIN ST RS, MISC, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__-
SUN CITY ANALYTICAL, INC. VEN-05702
1909 MONTANA AVENUE EXP. DATE: 11/02
EL PASO, TX 79902 TEL:915-533-8890 FAX:915-533-8893
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
_.- -----
S UNLAND ENGINEERING COMPANY VEN-09533
9575 KATY FRWY, STE. 200 EXP. DATE: 09/02
HOUSTON, TX 77029 TEL:713-967-8984 FAX:713-467-3353
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
SUNSET TRANSPORTATION INC. VEN 03002
P.O. BOX 165058 EXP. DATE: 06/02
FORT WORTH, TX 76181 TEL:817-589-7063 FAX:817-595-2001
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
SUNTZDE SAND PIT INC. DBA S UNTIDE MATERIALS AND TRUCKING VEN-03130
P.O. BOX 270664 EXP. DATE: 09/02
CORPUS CHRISTI, TX 78927 TEL:361-289-9000 FAX:361-289-9001
HAULING, MAT SUP
DISTRICT(S): AUS, CRP, HOU, PHR, SAT, YKM.
-.- -, _,
SUREWAY TRANSPORT VEN-05989
337 W. BROADVIEW EXP. DATE: 01/03
SAN ANTONIO, TX 78228 TEL:210-413-2034
HAULING
DISTRICT(S): AUS, LRD, SAT, SJT.
DBE Construction Report
S YLVA ENGINEERING CORPORATION VEN-01979
2077 SOUTH GESSNER, SUITE 225 EXP. DATE: 05/02
HOUSTON, TX 77063 TEL:713-781-9455 FAX:713-781-5156
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
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WAC, WFS, YKM.
T & T DRILLING VEN-06268
9120 M.L.K., JR. BLVD. EXP. DATE: 06/02
LUBBOCK, TX 79409 TEL:806-799-9298 FAX:806-794-0369
MISC
DISTRICT(S): AMA, BWD, CHS, ELP, FTW, LBB, ODA, SAT, SJT, WFS.
___
T & T ENGINEERING, INC. VEN-06284
1806 W. STASSNEY LANE_#105 EXP. DATE: 06/02
AUSTIN, TX 76795 TEL:512-942-1660 FAX:512-942-3251
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-„
T L S TRAFFIC CONTROLS, INC. (HUB) VEN-06095
P.O. BOX 394 EXP. DATE: 02/98
RIVERSIDE, TX 77367-0394 TEL:409-594-8125 FAX:409-594-8125 PENDING
ILLUM, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
,_. °-___
T.P. MEX., INC. VEN-05129
3529 PEORIA EXP. DATE: 10/02
DALLAS, TX 75212-2155 TEL:219-631-0590 FAX:214-905-7565
MIN STRS, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
T&R DEMOLITION INC. VEN-05272
3529 PEORIA STREET EXP. DATE: 09/02
DALLAS, TX 75212-2155 TEL:219-631-2716 FAX:214-905-7565
MAJ STRS, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TAHOE TRUCKING, ZNC VEN-02087
PO BOX 10371 EXP. DATE: 10/02
CORPUS CHRISTI, TX 78960 TEL:361-299-2353 FAX:361-299-7351
HAULING
DISTRICT(S): CRP, HOU, PHR, SAT, YKM.
DBE Construction Report
TAITEX ENGINEERING VEN-04262
810 PINEY POINT ROAD EXP. DATE: O1/O1
HOUSTON, TX 77024 TEL:713-961-9956
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TAMEZ-PEARSON CONSTRUCTION, INC. VEN-05749
7201 SEDWICK EXP. DATE: O1/O1
CORPUS CHRISTI, TX 78409 TEL:512-289-2242
ERTHWRK, FENCING, LANDSCP, MIN STRS, RST AREA, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
____ -_
TCI COATINGS, INC. VEN-06006
PO BOX 3337 EXP. DATE: 02/01
AUSTIN, TX 78764 TEL:512-992-1988
MAT SUP
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k'age 66 of 74
DISTRICT(S): AHL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TCS/TRAFFIC CONTROL SYSTEMS, INC. VEN-04917
P. O. BOX 1111 - EXP. DATE: 12/02
BEEVZLLE, TX 78104 TEL:512-362-2221 FAX:H12-362-2239
FENCING, MAT SUP, MIN STRS, MISC, PAINT, TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TEDSI INFRASTRUCTURE GROUP (FORMERLY TRAFFIC ENGIN.& DESIGN) VEN-02054
5700 NORTHWEST CENTRAL DR, STE 220 EXP. DATE: 08/02
HOUSTON, TX 77092 TEL:713-895-9810 FAX:713-895-9623
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TEI CONSTRUCTION AND ENGINEERING, INC. VEN-05998
1825 MARKET CENTER BLVD, SUITE 600 EXP. DATE: 09/02
DALLAS, TX 75207 TEL:214-760-1966 FAX:214-760-1993
CON PAV, ERTHWRK, MAJ STRS, MIN STRS, MISC, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TEXAS INTERNATIONAL GROUP, INC. VEN-06002
3650 EAST US HIGHWAY 80 EXP. DATE: 02/01
ABILENE, TX 79601-6420 TEL:915-675-0299 FAX:915-675-0257
ERTHWRK, FENCING, ILLUM, LANDSCP, MIN STRS, PAINT, TRAF CONT DEV,
UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TENPENNY CONSTRUCTION, INC VEN-05767 -
P.O. BOX 674 EXP. DATE: 10/02
ALBANY, TX 76930 TEL:915-762-2402 FAX:915-762-2677
CON PAV, FENCING, LANDSCP, MIN STRS, RST AREA
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE_COnstructon Report
__ ___
TEX-TRAM ENGINEERING ~ --
VEN-06346
7723 COLONY EXP. DATE: 09/02
HOUSTON, TX 77036 TEL:713-777-1966 FAX:713-777-1961
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TEXAS ALTERNATIVE GRASSER, INC. VEN-09764
P.O. BOX 1029 EXP. DATE: 12/02
BOWIE, TX 76230 TEL: 990-872-2398 FAX:940-872-6969
LANDSCP, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TEXAS ENGINEERING AND MAPPING CO. VEN-05695
12810 CENTURY DRIVE EXP. DATE: 06/02
STAFFORD, TX 77477 TEL:281-991-2525 FAX:281-991-2535
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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FTW, fIO U, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TEXAS ENVIRONMENTAL MANAGEMENT, SA, INC. VEN-05534
P.O. BOX 369 EXP. DATE: 07/02
JUSTIN, TX 76297 -TEL:940-698-3690 FAX:990-698-3907
LANDSCP
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TEXAS HIGHWAY SYSTEMS, INC. VEN-05693
P O BOX 99765 EXP. DATE: 12/02
AUSTIN, TX 78765-9765 TEL:512-953-2021 FAX:512-953-6933
TRAF CONT DEV
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction. Report
TEXAS SIGNAL SYSTEMS -- -'
VEN-06024
2911 FRICK ROAD EXP. DATE: 02/01
HOUSTON, TX 77038 TEL:281-855-3598
FENCING, ILLUM, TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): ATL, AUS, BRY, BWD, CRP, DAL, FTW, HOU, LFK, LRD, SAT,
SJT, TYL, WAC, YKM.
DBE Construction Report
TEXAS SOUTHERN, INC. VEN-02002
PO BOX 2897 EXP. DATE: 05/02
VICTORIA, TX 77902-2847 TEL:361-576-2159 FAX:361-576-2163
ERTHWRK, HAULING, MAT SUP, MIN STRS
DISTRICT(S): AUS, BRY, CRP, HOU, LRD, PHR, SAT, YKM.
DBE Construction Report
__ -
TEXAS TRAFFIC CONTROL SYSTEMS,INC. VEN-09589
P. 0. BOX 157 EXP. DATE: 11/02
NEW CANEY, TX 77357-0157 TEL:281-399-3203 FAX:281-689-7011
ILLUM, TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): ABL, ANA, ATL, AUS, BMT, flRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TEXAS TRUCKING COMPANY, INC. - VEN-02003
P.O. BOX 1038 EXP. DATE: 10/02
LEANDE R, TX 78696-1038 TEL:512-259-0888 FAX:512-259-9864
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
THERMODYN CONTRACTORS, INC. VEN 05995
1525 GOODYEAR DRIVE EXP. DATE: 11/02
EL PASO, TX 79936 TEL:915-598-1105 FAX:915-591-9985
MISC, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
THIRD COAST GENERAL CONTRACTOR, INC. (FORMERLY R&R GENERAL) VEN-05341
4307 S. PORT AVE., BLDG.193, STE106 EXP. DATE: 02/01
CORPUS CHRISTI, TX 78415 TEL:512-885-8006
ASPH, ERTHWRK, FENCING, MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, .LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
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DBE Construction Report
TOLUNAY-WONG ENGINEERS, INC. VEN-09477
1706 W. SAM HOUSTON PARKWAY NORTH EXP. DATE: 10/02
HOUSTON, TX 77043 TEL:713-722-7064 FAX:713-722-0319
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TORRES READY MIX, INC. VEN-02066
PO BOX 855 EXP. DATE: 07/02
DILLEY, TX 78017 TEL:830-965-1303 FAX:830-965-4299
MAT SUP
DISTRICT(S): PHR, SAT.
DBE Construction Report
TOVAR TRUCKING SERVICE VEN-03998
17201 MARTINEZ LOSOYA EXP. DATE: 01/01
SAN ANTONIO, TX 78221 TEL:210-628-6020
HAULING, MISC
DISTRICT(S): AUS, BRY, BWD, CRP, SAT, SJT, WAC, YKM.
DBE Construction Report
TRAF-TEX, INC - - - , _.__..- _ - _ ___.._.
VEN-02383
2125 EASTLANDS EXP. DATE: 10/02
LEAGUE CITY, TX 77573 TEL:713-378-0900 FAX:713-378-0696
TRAF CONT DEV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TRAFFIC SUPPLY, INC. VEN-04789
500 FM ROAD 3013 WEST EXP. DATE: 08/02
EAGLE LAKE, TX 77434 TEL:409-239-5509 FAX:909-234-5496
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TRANSMART TECHNOLOGIES, INC. VEN-06099
2122 LUANN LANE, SUITE 203 EXP. DATE: 12/02
MADISON, WI 53713 TEL:608-273-9790 FAX:608-273-4783
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
T REVINO AND ASSOCIATES, INC., HUGO C. VEN-09166
P.O. BOX 3528 EXP. DATE: 07/02
FORT WORTH, TX 76113 TEL:817-332-9272 FAX:817-931-4299
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TRIANGLE ENGINEERING COMPANY VEN-03955
10132 MONROE DRIVE EXP. DATE: 06/02
DALLAS, TX 75229 TEL:219-352-7333
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
__.._ _..
__
__-•
TRICON PRECAST, LTD. VEN-00897
15055 HENRY ROAD EXP. DATE: 06/02
HOUSTON, TX 77060 TEL:281-931-9832 FAX:261-931-0061
MAT SUP, MIN STRS, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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Yage 69 of 74
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
TRISTAN INDOSTRIAL TOOL AND SUPPLY CO., INC. VEN-05520
PO BOX 96125 - EXP. DATE: 07/02
HOUSTON, TX 77213 TEL:713-672-9699 FAX:713-672-9662
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TRISTAR MATERIALS _. _~~ _. __._ __. __. -_- __°
VEN-03608
P. O. BOX 1316 EXP. DATE: 05/02
KATY, TX 77992 TEL:281-392-0300 FAX:281-392-3373
MAT SUP
DISTRICT(S): AUS, BMT, BRY, HOU, SAT, YKM.
__ _ -
T RUJILLO, DENNIS A. -.._ - _ -. _- -.- - _'- -`----,
VEN-06077
4515 GARDENDALE #3107 EXP. DATE: 05/02
SAN ANTONIO, TX 78290 TEL:210-641-5064 FAX:210-867-0719
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DBE Construction Report
TSC ENGINEERING COMPANY --- -'
VEN 02038
6250 WESTPARK DRIVE, SUITE 200 EXP. DATE: 07/02
HOUSTON, TX 77057-7309 TEL:713-789-7777 FAX:713-784-7733
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
--_
TTI ENVIRONMENTAL LABORATORIES VEN-05566
2117 ARLINGTON DOWNS ROAD EXP. DATE: 09/02
ARLINGTON, TX 76011 TEL:817-861-5322 FAX:817-261-1717
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TURNER, HICKEY AND ASSOCIATES, INC. VEN 03298
5319 EVERHART EXP. DATE: 11/02
CORPUS CHRISTI, TX 78411 TEL:361-999-8900 FAX:361-999-8955
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
TWIN MOUNTAIN S UPPLY CO. INC. (TWIN MOUNTAIN FENCE C0.) VEN-05928
P.O. BOX 2240 EXP. DATE: O1/O1
SAN ANGELO, TX 76902 TEL:915-994-2290
FENCING, MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
UNINTECH CONSULTING ENGINEERS, INC.
DAL, ELP,
10609 IH-10 WEST, SUITE 203 EXP
SAN ANTONIO, TX 78230 TEL:210-691-6003 FAX:210-641-8279
VEN-04243
DATE: 07/02
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
URBAN DESIGN GROUP VEN-02886
3660 STONERIDGE ROAD - SUITE E101 EXP. DATE: 05/02
AUSTIN, TX 78796 TEL:512-347-0040 FAX:512-397-1311
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
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ET W, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
URESTI SONS TRUCKING		VEN-02636
1222 W. HARDING BLVD.	EXP.	DATE: 12/02
SAN ANTONIO, TX 78221 -TEL:210-923-1282		
HAULING		
DISTRICT(S): HOD, SAT.
._
..., _,.__._ - - -	
_	
_
VAL-TECH SERVICES	-- ...	.- - _-..--_. ,
VEN-06314
2719 MERCER STREET	EXP.	DATE: 09/02
LAREDO, TX 78093 TEL:956-729-1302	FAX:956-718-2986	
FENCING, MAT SUP, MISC, PAINT, RST AREA		
DISTRICT(S): CRP, LRD, PHR, SAT, SJT.
__.. -_ _.	

- - -	
VALDEZ, RODOLFOR . --	--	--`--
VEN-05825
2503 BEAR SPRINGS DRIVE	EXP.	DATE: 07/02
SAN ANTONIO, TX 76245-25 TEL:210-675-7303		
TRUCK OWNER-OPERATOR		
DISTRICT(S): SAT.		
,- -.,-
VALLE, MARTIN	
-- --	-
--~- VEN-06291 ---- ---~
3800 SW MILITARY DR., LOT 5	EXP.	DATE: 05/02
SAN ANTONIO, TX 78211 TEL:210-922-2288		
TRUCK OWNER-OPERATOR		
DISTRICT(S): SAT.		
VAQUERO CONSTRUCTION, INC.		VEN-09752
5510 FORT SUMTER CT.	EXP.	DATE: 05/02
HOUSTON, TX 77089 TEL:281-856-2122	FAX:281-701-1361	
CON PAV, ERTHWRK, PROF SERV, NAJ STRS, MIN	STRS	
DISTRICT(S): AUS, BMT, BRY, CRP, HOD, LFK,	PHR, SAT, YKM.	
DBE Construction Report		
VASQUEZ CONSTRUCTION, LLC VEN-06282
12310 OLD FOLTIN ROAD EXP. DATE: 03/02
HOUSTON, TX 77066 TEL:281-945-7555 FAX:281-495-7556
ERTHWRK, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): AUS, FTW, HOD, PHR, SAT.
VEGA POWER RESOURCES, INC. VEN-03842
P. 0. BOX 869573 EXP. DATE: 02/01
PLANO, TX 75086 TEL:972-612-1103 FAX:972-612-1132
MAT SUP, PUBL TRANS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE. Construction. Report
VEGA, EDDIE VEN-05975
4942 CANNON DRIVE EXP. DATE: 09/02
SAN ANTONIO, TX 78228 TEL:210-439-8973
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
VESTA REA & ASSOCIATES, LLC VEN-03826
PO BOX 73693 EXP. DATE: 07/02
HOUSTON, TX 77273-3693 TEL:281-376-9202 FAX:281-376-1533
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
VICKREY & ASSOCIATES, INC. VEN-04396
7339 BLANCO ROAD, SUITE 109 EXP. DATE: 07/02
SAN ANTONIO, TX 78216-99 TEL:210-349-3271 FAX:210-399-2561
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
VICON SERVICES, INC. VEN-03900
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Page 71 of 74
PO BOX 1227 EXP. DATE: 08/02
KATY, TX 77492-1227 TEL:281-391-6601 FAX:281-391-8608
CON PAV, ERTHWRK, MIN STRS, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
VICTORINA, RICARDO M. VEN-06116
P.O. BOX 527 EXP. DATE: 07/02
LA PRYOR, TX 78872 TEL:830-365-4613
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT. __
VILLARREAL & ASSOCIATES, INC. VEN-01161
5309 MACE STREET EXP. DATE: O1/O1
EL PASO, TX 79932 TEL:915-581-5238
ERTHWRK, HAULING, LANDSCP, MIN STRS, MISC, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS,•CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
VILLARREAL, ABEL VEN-05998
PO BOX 370 EXP. DATE: O1/O1
PEARSALL, TX 78061 TEL:830-334-5480
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
V ILLEGAS, RALPH VEN-06298
303 LOY EXP. DATE: 06/02
SAN ANTONIO, TX 78226 TEL:210-933-9975
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
DBE Construction Report _
VINTON, RICHARD VEN-05976
2111 E. DREXEL EXP. DATE: 05/02
SAN ANTONIO, TX 78210 TEL:210-337-6069
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
VIVA ENVIRONMENTAL, INC. VEN-09352
7201 STILES EXP. DATE: 10/02
EL PASO, TX 79915 TEL:915-779-5395 FAX:915-779-5397
ERTHWRK, PROF SERV, FENCING, LANDSCP, MIN STRS, MISC, PAINT,
TRAF CONT DEV, UNDERGRD UTIL WK
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
VOLZ 6 ASSOCIATES INC. ~ VEN-05358
2520 LONGVIEW, SUITE 219 EXP. DATE: 12/02
AUSTIN, TX 78705 TEL:512-476-0433 FAX:512-976-2198
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
VOYLES EXCAVATION SOD & SEED VEN-05003
PO BOX 1527 EXP. DATE: O1/O1
QUITMAN, TX 75783 TEL:903-967-2312
ERTHWRK, FENCING, HAULING, LANDSCP, MAJ STRS, MIN STRS, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOD, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report _
W.S.CONSTRUCTION COMPANY VEN-04574
HC 51, BOX 16E EXP. DATE: 09/02
HOLLIDAY, TX '76366 TEL:990-322-1970 FAX:940-322-2797
HAULING, MIN STRS
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DISTRICT(S): ABL, ANA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,	
WAC, WFS, YKM.	
DBE Construction Report _	___ _
WARREN ELECTRIC TELECOMMUNICATIONS UTILITIES, CO	VEN-05360
P O BOX 264	EXP. DATE: O1/O1
HOUSTON, TX 77001-0269 TEL:713-222-2772	
MAT SUP	
DISTRICT(S): AUS, CRP, HOU, LFK, PAR, SAT, YKM.	
DBE Construction Report	
WATERS CONSTRUCTION CO., INC.	VEN-02345
1676 US HWY 190	EXP. DATE: 09/02
HUNTSVILLE, TX 77390 TEL:409-291-2561 FAX:909-291-06	67
ASPH, ERT HWRK, HAULING, LANDSCP	
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,	
WAC, WFS, YKM.	
DBE Construction Report	
WESTERN GROUP CONSULTANTS	VEN-03175
11111 KATY FREEWAY, SUITE 520	EXP. DATE: 10/02
HOUSTON, TX 77079 TEL:713-465-6655 FAX:713-465-52	55
PROF SERV	
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP,	DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,	
WAC, WFS, YKM.	
WHITE ROCK CONSULTING, INC. VEN-05771
9925 GREENVILLE AVE., SUITE 200 EXP. DATE: 10/02
DALLAS, TX 75206 TEL:219-265-8229 FAX:219-265-8917
MISC
DISTRICT(S): AUS, BMT, BRY, BWD, CRP, DAL, DAL, FTW, HOU, LFK, PAR,
SAT, TYL, WAC, WFS.
WILBORN STEEL CO. VEN-05526
P.O. BOX 10208 EXP. DATE: 06/02
SAN ANTONIO, TX 78210 TEL:210-532-6652
MAT SUP
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
WILDHORSE CONSTRUCTION VEN-06293
110 NORTH EMMA EXP. DATE: OS/00
OLATHE, KS 66061 TEL:913-782-1888
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
WILLOW CITY SIGN &RAIL, INC. VEN-03565
P.O. BOX 455 EXP. DATE: 09/02
MAGNOLIA, TX 77353 TEL:281-356-6663 FAX:281-356-6387
FENCING, TRAF CONT DEV
DISTRICT(S): ABL, AUS, BRY, BWD, CRP, DAL, FTW, SAT, SJT,
YKM.
DBE Construction Report _ __ _
WOMEN'SFENCE & GUARDRAIL, INC.
TYL, WAC,
1509 CENTRAL COMMERCE CIRCLE •EXP
PFLUGERVILLE, TX 78660 TEL:512-990-3333 FAX:512-990-3354
FENCING
DISTRICT(S): AUS, BWD, SAT, WAC, YKM.
DBE Construction Report
X IMENES & ASSOCIATES, INC.
1121 BROADWAY ~ EXP
SAN ANTONIO, TX 78215 TEL:210-359-2925 FAX:210-359-2969
MISC
VEN-05026
DATE: 10/02
VEN-06190
DATE: 08/02
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Page 73 of 74
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM. _ _ _
YANEZ, DANIEL VEN-05679
2806 CULEBRA ROAD - EXP. DATE: O1/O1
SAN ANTONIO, TX 78228 TEL:210-436-1806
TRUCK OWNER-OPERATOR
DISTRICT(S): SAT.
YOKO TRUCKING CO., INC. VEN-03962
P.O. BOX 210166 EXP. DATE: 03/03
DALLAS, TX 75211 TEL:972-572-3500 FAX:972-572-3505
CON PAV, ERTHWRK, HAULING
DISTRICT(S): ATL, AUS, DAL, FTW, LRD, PAR, SAT, TYL, WAC.
YSAGUIRRE ENGINEERING VEN-09356
15213 SW FRWY #130 EXP. DATE: 07/02
SUGAR LAND, TX 77478 TEL:281-292-8155 FAX:281-292-8164
PROF SERV, MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ZAMBRANA ENGINEERING, INC. VEN-05854
2324 MARCONI AVENUE EXP. DATE: 10/02
ST. LOUIS, MO 63110-3116 TEL:314-669-1900 FAX:319-664-8775
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ZAVALA TRUCKING VEN-00992
819 SW 39TH STREET EXP. DATE: 01/03
SAN ANTONIO, TX 78237 TEL:210-432-0596 FAX:210-932-0596
HAULING
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
-_
ZAXON, INC. VEN 03702
8.07 WASHINGTON DRIVE, SUITE E EXP. DATE: 02/01
ARLINGTON, TX 76011 TEL:817-469-7256 FAX:817-969-7329
MISC
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
ZEBRA CONSTRUCTION COMPANY, INC. VEN-00191
PO BOX 16466 EXP. DATE: 05/02
LUBBOCK, TX 79490 TEL:606-798-0593 FAX:806-798-0543
MIN STRS
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
DBE Construction Report
ZJM ENGINEERS, INC. VEN-06309
11520 N. CENTRAL EX PWY, SUITE 237 EXP. DATE: 07/02
DALLAS, TX 75243 TEL:219-390-4197 FAX:219-390-9376
PROF SERV
DISTRICT(S): ABL, AMA, ATL, AUS, BMT, BRY, BWD, CHS, CRP, DAL, ELP,
FTW, HOU, LBB, LFK, LRD, ODA, PAR, PHR, SAT, SJT, TYL,
WAC, WFS, YKM.
Return to the top.
Return to the Contractor Information....
Return to Doing Business wi th Tx DOT
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Page 74 of 74
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Attachment 3
Attachment 3
Monitoring and Enforcement Mechanisms
To ensure compliance with the DBE program by prime contractors/subcontractors, the C ity of
Kemille, Texas (the City) and the County ofKerr, Texas (the County) wilt refer any false, fraudulent, or
dishonest conduct to the Department of Transportation.
The City and County will also refer violations of Texas or local law and regulations to the
appropriate enforcement or criminal investigation authorities.
TheCity and County will inspect and monitor all work performed to verifythattheworkcommitted
to DBEs at the time a contract is awarded is actually performed by DBEs. DBE participation shall be
credited toward DBE goals only when payments are made to DBE firms.
The City and County shall consider a prime contractor's failure to comply with the DBE program
asabreachofcontract. The City and County willseekallappropriatecivillegalandequitabledamages.
B:\WPDOCS\AIRPORT\Enforcement DBE program attachment.wpd
Attachment 4
Texas
Department
of Transportation
Aviation Design and Construction
Overall Annual DBE Goal
Fiscal Year 2001
SUMMARY
Pursuant to 49 CFR Part 26, we have examined the availability of ready, willing and able
Disadvantaged Business Enterprises (DBEs) in the Texas transportation market in order
to determine a DBE goal that reflects the percentage of available DBE firms. The
following two-step process provides justification for the 11.90% goal that we propose to
establish for Fiscal Year (FY) 2001. We propose to achieve the 11.90% goal through
2.10% race-neutral and 9.80% race-conscious measures. The Texas Department of
Transportation (TxDOT) will monitor DBE participation for federal-aid aviation design
and construction projects during FY 2001 for race-neutral and race-conscious
achievements of the DBE goal and make necessary adjustments as required under the
new DBE program requirements.
METHODOLOGY
For Step 1 we used TxDOT's DBE Directory to determine the number of DBEs in
TxDOT's market and TxDOT's Bidders/Proposers List to determine the number of all
ready, willing and able businesses in TxDOT's market. The result is a base figure of
8.95%.
In Step 2 we must determine whether an up or down adjustment from the base figure is
needed based on relevant evidence available regarding DBE capacity. The regulations
require that we count the participation of a DBE subcontractor toward TxDOT's DBE
goal only after the DBE has been paid. These requirements took effect on October 1,
1999. Therefore, in Step 2 we took the amount of payments DBEs have received for the
first three-quarters of fiscal year 2000 and compared that to the total federal dollazs paid
to contractors for the same period. The percent paid to DBEs was 12.30%. The
participation of 12.30% would allow for an upward adjustment. However, in examining
the DBE capacity for FY 2001, the base figure of 8.95% has decreased from last yeaz's
base figure of 9.89%. The number of certified DBE firms involved in highway-aviation
construction dropped from 976 in FY 2000 to 768 in FY 2001. The drop in the number
of certified DBE firms in highway-aviation construction appears to be a result of the new
DBE eligibility standards like the Personal Net Worth requirement. TxDOT is concerned
that the new DBE eligibility standards may further impact the number of certified DBE
firms in highway-aviation construction. The drop in the number of firms in highway-
aviation construction would allow for a downward adjustment. As a result of the
1
evaluation of past performance and capacity i.e., number of eligible DBE firms in
highway-aviation construction in FY 2001, we have adjusted the base figure of 8.95% to
11.90%. The DBE goal of 11.90% for heavy construction is further supported by the
most recent disparity study entitled "State of Texas Disparity Study, A Report to the
Texas Legislature as Mandated by House Bi112626, 73rd Legislature -December 1994".
In accordance with 49 CFR Part 26, the proposed goal will be published in the Texas
Register on August 11, 2000 inviting public comment for 45 days. The proposed goal
and comment period will also be published in general circulation and minority focused
media.
STEP 1: Base Figure for the Overall Goal
Texas Department of Transportation's Bidder/Proposer List
as of July 2000
Highway Construction: 9,965
Engineers and Architects: 575
Total Number of Certified DBEs
Texas Department of Transportation
as of July 2000
Industry	Percent of Expenditures	Number of DBEs
Highway Construction	95%	768
Engineering and Architects	5%	_ 188
Base Figure = .95 (768/9,965) + .OS (188/575)
Base Figure = 8.95%
2
STEP 2: Adjustments to Base Figure
DBE Payments
Fiscal Year 2000
1" - 3~d Quarters
Fiscal Year	Target Goal	Total Federal
Dollars Paid	Total Paid to
DBEs	Percent
Participation
2000	11.90%	$11,872,965	$1,458,558	12.30
DBE Participation: 12.30%
8.95% Base Figure
+ 2.95% Adjustment to reflect DBE Capacity
11.90% Proposed DBE Goal
Texas
Department
of Transportation
Highway Design and Construction
Overall Annual DBE Goal
Fiscal Year 2001
SUMMARY
Pursuant to 49 CFR Part 26, we have examined the availability of ready, willing and able
Disadvantaged Business Enterprises (DBEs) in the Texas transportation market in order
to determine a DBE goal that reflects the percentage of available DBE firms. The
following two-step process provides justification for the 11.90% goal that we propose to
establish for Fiscal Year (FY) 2001. We propose to achieve the 11.90% goal through
5.90% race-neutral and 6.00% race-conscious measures. The Texas Department of
Transportation (TxDOT) will monitor DBE participation for federal-aid highway design
and construction projects during FY 2001 for race-neutral and race-conscious
achievements of the DBE goal and make necessary adjustments as required under the
new DBE program requirements.
METHODOLOGY
For Step 1 we used TxDOT's DBE Directory to determine the number of DBEs in
TxDOT's market and TxDOT's Bidders/Proposers List to determine the number of all
ready, willing and able businesses in TxDOT's mazket. The result is a base figure of
8.95%.
In Step 2 we must determine whether an up or down adjustment from the base figure is
needed based on relevant evidence available regarding DBE capacity. The regulations
require that we count the participation of a DBE subcontractor toward TxDOT's DBE
goal only after the DBE has been paid. These requirements took effect on October 1,
1999. Therefore, in Step 2 we took the amount of payments DBEs have received for the
first three-quarters of fiscal year 2000 and compared that to the total federal dollars paid
to contractors for the same period. The percent paid to DBE firms was 12.50%. The
participation of 12.50% would allow for an upward adjustment. However, in examining
the DBE capacity for FY 2001, the base figure of 8.95% has decreased from last year's
base figure of 9.89%. The number of certified DBE firms involved in highway
construction dropped from 976 in FY 2000 to 768 in FY 2001. The drop in the number
of certified DBE firms in highway construction appears to be a result of the new DBE
eligibility standazds including the Personal Net Worth requirement. The Department is
concerned that the new DBE eligibility standards may further impact the number of
certified DBE firms in highway construction. The drop in the number of certified DBE
firms in highway construction would allow for a downward adjustment. As a result of
1
the evaluation of past performance and capacity i.e., number of eligible DBE firms in
highway construction in FY 2001, we have adjusted the base figure of 8.95% to 11.90%.
The DBE goal of 11.90% for FY 2001 is the same DBE goal as last year and is attainable.
The DBE goal of 11.90% for heavy construction is further supported by the most recent
disparity study entitled "State of Texas Disparity Study, A Report to the Texas
Legislature as Mandated by House Bill 2626, 73rd Legislature -December 1994".
In accordance with 49 CFR Part 26, the proposed goal will be published in the Texas
Register on August 11, 2000 inviting public comment for 45 days. The proposed goal
and comment period will also be published in general circulation and minority focused
media.
STEP 1: Base Figure for the Overall Goal
Texas Department of Transportation's Bidder/Proposer List
as of July 2000
Highway Construction: 9,965
Engineers and Architects: 575
Total Number of Certified DBEs
Texas Department of Transportation
as of July 2000
Industry	Percent of Expenditures	Number of DBEs
Highway Construction	95%	768
Engineering and Architects	5%	188
Base Figure = .95 (768/9,965) + .OS (188/575)
Base Figure = 8.95%
STEP 2: Adjustments to Base Figure
DBE Payments
Fiscal Year 2000
is~ - 3rd Quarters
Month	Target Goal	Total Federal
Dollars Paid	Total Paid to
DBEs	Percent
Participation
October 1999	11.9%	$158,636,795.06	$20,238,117.93	12.76
November 1999	11.9%	$130,207,435.81.	$19,918,034.86	15.30
December 1999	11.9%	$118,057,005.97	$19,631,963.65	16.63
January 2000	11.9%	$133,750,907.58	$19,519,548.52	14.59
February 2000	11.9%	$160,963,171.77	$17,800,103.34	11.06
March 2000	11.9%	$16Q209,664.SR	$1R,542,4R8.47	11.57
Apri12000	11.9%	$152,561,374.22	$13,755,496.98	9.02
May 2000	11.9%	$166,369,610.68	$18,155,933.99	10.91
Total	11.9%	$1,180,755,965.67	$147,561,687.74	12.50
DBE Participation: 12.50%
8.95% Base Figure
+ 2.95% Adjustment to reflect DBE Capacity
11.90% Proposed DBE Goal
Attachment 5
Application for Certification as
a Disadvantaged Business Enterprise (DBE) §49 CFR Part 26
City of Kerrville and Kerr County, Texas
DATE:
NAME OF FIRM:
ADDRESS:
TELEPHONE: FAX:
PERSON COMPLETING THIS APPLICATION:
TITLE WITHIN FIRM:
(l .) Are you an existing small business, as defined by l3 CFR, Part 121'?
Yes No
[f your answer to this question is "No,"you are not eligible pursuant to 49 C.F.R §26.65(a).
(2.) Have your annual gross receipts over the last three (3) years exceeded $16.6 million?
Yes No
[f your answer to this question is "Yes," you are not eligible pursuant to 49 C.F.R. §26.65(b).
(3.) Is your film or business organized as anon-profit entity'?
Yes No
If your answer to this question is "Yes," you are not eligible pursuant to 49 C.F.R.§26.73(d).
(4.) Has your firm been certified as a small disadvantaged business or 8(a) firm by the Small
Business Administration, or as a DBE by the Texas Depazrtrrrcnt of Transportation or any
other recipient of U.S. Department of Transportation funding under 49 C.F.R. Part 26'?
Yes No
If your answer to this Question is "Yes," please provide copies of documents evidencing such
certification. It is the policy ofthe City and County to recognize such certification. You need
not answer any of the remaining questions on this application form, but you must submit a
signed and notarized statement that each disadvantaged owner of your firm is in fact socially
and economically disadvantaged, as well as a signed and notarized statement of personal net
worth with appropriate supporting documentation that indicates that your personal net worth
does not exceed $750,000.
(5.) is your firm controlled and majority-owned by a socially and economically disadvantaged
individual or individuals?
Groups presumed to be "socially and economically disadvantaged" include women, Black
Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, Subcontinent
Asian Americans, and other minority groups found to be disadvantaged by the Small Business
Administration. See 49 C.F.R.~26.5 if you are not sure if you are a member of any of these
groups, and 49 C.F.R.~26.69 and §26.71 for DOT guidelines on the ownership and control
these individuals must have to qualify.
Yes No
(6.) If your answer to Question No. (5.) is "Yes," your firm is presumed to be a DBE. You must
submit a signed and notarized statement that each presumptively disadvantaged owner is in
fact socially and economically disadvantaged, as well as a signed and notarized statement of
personal net worth with appropriate supporting documentation. However, if your personal
net worth exceeds $750,000, the presumption of your firm's economic disadvantage is
rebutted under 49 C.F.R.§26.67(b)(1), and you are not eligible for certification as a DBE.
(7.) If your answer to Question No. (5.) is "Yes," but if the City or County have a reasonable
basis for believing that any of the owners/controllers of your firm that arc members of the
named socially and economically disadvantaged groups are not in fact socially or
economically disadvantaged, the City and County may conduct a proceeding to determine
whether the presumption of disadvantage should be regarded as rebutted under 49
C.F.R.§26.67(b)(2) as to those owners or controllers. The City and County have the burden
of rebutting the presumption. If the presumption is rebutted, your firm may not use that
owner or controller's ownership share for eligibility under the DBE program, unless you make
showing of that individual's social or economic disadvantage.
(8.) If your answer to Question No. (5.) is "No,"you must demonstrate by a preponderance ofthe
evidence that the individuals who own and control your firm are socially and economically
disadvantaged, and that your firm's net worth does not exceed $750,000. Determinations of
disadvantage in such instances will be made on a case by case basis, and governed by the
standards set forth in 49 C.F.R. Part 26, Exhibit E.
(9.) You must provide proof of your firm's bonding and financial capacity, work history, a
statement ofyour firm's work and location preferences, a list ofyour equipment or equipment
available to you, and licenses your firm's personnel possess that would be used to perform
work. 49 C.F.R. §26.83(c)(1)-(7).
(10.) In some instances, you may be required to produce proof of membership in one of the groups
presumed to be socially and economically disadvantaged, proof of ownership, proof of
control, or other information relevant to the certification process. Failure or refusal to
comply fully with any of the City and County's requests for documentation is a ground for
denying or removing your certification. 49 C.F.R. §26.73(c).
(l 1.) As part of the certification process, the City and County must perform an on-site visit to your
firm's office to conduct interviews of your firm's principal officers. The City and County
must also visit any job sites within Kcrr County or the surrounding area at which you are
currently working.
All decisions will be made within ninety (90) days of the date of receipt of this application. The City
and County's failure to do so will constitute a constructive denial of this application. If the City
otherwise denies your application, the City and County must provide you with a written detailed
explanation of the reasons for the denial. You may not reapply until three (3) months have passed
from the date of our action. You may appeal a direct or constructive denial directly to:
United States Department of Transportation
Office of Civil Rights
400 7`~ Street, SW, Room 2401
Washington, D.C. 20590
All applicants must notify the City and County of any changes in circumstances that affect the
information provided on this form. 49 C.F.R.§26.83(1). If the City and County accept yow~
application, you must annually submit an affidavit stating that there have been no changes that affect
your status. 49 C.F.R. §26.83(j).
By signing below, you attest to the accuracy and truthfulness of the information on the
application form, and submit this application under penalties of perjury of the laws of the
United States.
Painted name:
Firm
R\LEUAL\AIMORT\DDP APPLICATION FORM.W PD
Attachment 6
Procedure for Removing DBE Certification
(AJ Procedure for complaints. After receiving a written complaint alleging that a
certified firm is no longer eligible as a disadvantaged business enterprise (DBE), the City of Kerrville
(the City) and County of Kerr, Texas (the County) will review the complaint. The complainant's
identity will be kept confidential in all cases. Afterinvestigatingtho complaint, ifthe City and County
determine that there is reasonable cause to believe that the firm is ineligible as a DBE, the City and
County shall provide reasonable notice to the firm stating that the City and County propose to find the
firm ineligible, along with the reasons for the proposed determination If the City and County find that
there is no reasonable cause to believe that the firm is ineligible as a DBE, the City and County shall
notify the firm and complainant in writing, along with the reasons For the finding.
(BJ Procedure upon changed circumstances. Ifthe City and County receive notice from
a firm of a change in circumstances that would affect certification, the notice procedures in paragraph
(A.) shall apply.
(C.) Procedure upon DOT direction. The City and County may also begin proceedings
to remove a firm's certification at the direction of the U.S. Department of Transportation or another
operating administration. The notice procedures in paragraph (A.) shall apply.
(D.) Hearing. Following the issuance of notice, the City and County must provide the
opportunity to hold an informal hearing at which the firm may respond to the reasons for removing its
eligibility. The firmmaypresentinformationandargumentswhyitshouldremaincertified,thoughthe
City and County have the burden of proof by a preponderance of the evidence.
The City and County shall maintain a complete verbatim record of the hearing.
The firm may elect to present information and arguments in writing without the necessity for
a hearing.
(EJ Decision. A final decision must be made bythe City Manager, who shall not have taken
part in any way in the original determination and proposal to remove the firm's certification. The City
Manager shall not be subject to direction from the person(s) making the original determination.
Written notice of the decision shall be provided to the firm, along with the reasons for the
decision, as well as to the complainant or concerned operating authority. The notice will explain the
consequences of the decision, and the firm's right to appeal the decision to the U.S. Department of
Transportation.
eair~iw~aroa~nra,~~eHe ~~o~wi uae ~en~rG,eo2wrd
Attachment 7
Personal Net Worth Form
T{eis,/brrn must be cornp[eterl.for each owner gf'the.Jir•m seeking certification as a disadvantaged
husiness enterprise who claims social or econanic disadvantage.
DATE:
NAME OF FIRM:
ADDRESS:
TELEPHONE:
PERSON COMPLETING THIS FORM:
TITLE WITHIN FIRM:
FAX:
Complete the, following section, omitting cents and rounding each figure to the nem•est dollar.
ASSETS
Cash on hands & in Banks
Savings accounts
[RA or other retirement
account(s)
Life insurance-cash surrender
value only(eomplete section !
Stocks and bonds (describe in
section 3)
Real estate (describe in
section 4)
Automobile (present value)
Other personal property
(describe in section 5)
Other assets (describe in
section 5)
Total
LIABILITIES
$	Accounts payable
$	Notes payable to Banks
	and others
$	Installment account (auto)
	monthly payments $
~)$	Installment account (other)
	monthly payments $
$	Loan on life insurance
	Mortgages on real estate
$	(describe in section 4)
$	Unpaid taxes (describe in
	section 7)
$	Other liabilities (describe in
	section 7)
Total liabilities
Net worth
Total
Section 1. Source of Income
Salary
Net Investment Income
Real Estate Income
Other Income (describe
below)
Contingent Liabilities
$	As Endorser or Co-Maker
$	Legal Claims & Judgments
$	Provision for Federal Income
	Tax
$	Other special debt
Description of Other Income in Section 1 (alirm~ny orchild support payments need not he disclosed,
rmless you wish, for such payments to be counted toward total income)
Section 2. Notes Payable to Bank and Others.
Use attachments i~'necessary. Each attachment must he identified as part ojthis statement and
signed.
Noteholders) Orig. Curr. Payment amt. How Secured/Endorsed
and Address Balance Balance & Frequency Type of Collateral
Section 3.
Use attachments if necessary. Each attachment must he identified as part of this statement and
signed.
Number of Name of Market Value Date of Total
Shares Securities Cost Quote/Exchange Quote/Exchange Value
Section 4.
Liss each parcel separately. Use attachments i/'necessary. Each attachment must be identifier! a,c
part gf'this statement and sighed.
Property A Property B Property C
Type of property
Address
Date purchased
Original cost
Present market value
Mortgage holder name
and address
Mortgage balance
Payment per month
Mortgage status
Section 5.
Descrihe, and iTany is pledged as security, state name and address of lien holder, amount of lien.
teens o~~payment and if delinquent, describe delinquency.
Section 6. Unpaid Taxes.
Describe in detail, as to type, to whom payable, when due, amount, and to what property, if any. a
tax lien attaches.
Section 7. Other Liabilities.
Describe in detail.
Section 8. Life Insurance Held.
Give face arnoarnt and cash surrender value of policies - narne of insurance cornpany and
beneficiaries.
Signature:
Date:
Verification
State of §
County of §
Before me, the undersigned notary public, on this day appeared ,
known to me as the person who executed the foregoing Personal Net Worth Form, and stated on his or
her oath that he/she is the person who prepared the same, and that all information contained therein is
complete and accurate, to the best of his or her knowledge.
Notary Public
Notary's printed
Mycommission
E:U,egal\AIRI'OR7\DRF, peesonal net worth attachmem.wFx1