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Item Number: 7b_Exhibit D Date of Meeting: June 23, 2015 Disadvantaged Business Enterprise Programs Compliance Review Update Staff Briefing June 23, 2015 Code of Federal Regulations 49 CFR Parts 23 and 26 Airport Concessions Disadvantaged Business Enterprise (ACDBE) (1987) Commercial activities such as food service, retail, rental cars in federally funded facilities Disadvantaged Business Enterprise (DBE) (1983) Construction projects supported by federal funding Similar programs in two very different business sectors Presentation Aviation/Airport Dining & Retail: ACDBE Program Objectives and Audit History ACDBE 2015 Compliance Audit Other ACDBE Program Audits Office of Social Responsibility: DBE 2015 Compliance Audit FAA Recommendations The ACDBE and DBE programs are managed close to respective business area ACDBE Program Objectives To create a level playing field upon which ACDBEs can fairly compete for concession opportunities Promulgated in 1987 to break up opportunity monopolies Create opportunities for minority businesses to learn and grow Graduate and create opportunities for new ACDBEs Program sought to remedy a lack of competitive opportunities in concessions 2015 ACDBE Compliance Review Auditor document review: leases, sales reports, lease files, certification letters, etc. Questioned panel of Airport staff Interviews with managers and employees Group meeting with ACDBE tenants Visit with staff to OMWBE in Olympia Offered technical assistance in three areas Conclusion: Port manages in accordance within "spirit and intent" of the program Audit History 2006-08 Part 16 Complaint 2010 ACDBE Joint Venture Audit 2013 Title VI Non-Discrimination Audit "Business relationships are strong" 2014 ACDBE Office of Inspector General "Direct leasing can be the most successful means of increasing opportunity" 2015 ACDBE/DBE Compliance Review "with innovation restructured its programto be more attractive to small business, including ACDBEs" "The Airport handles all bids in a fair and equitable manner" Title VI Audit Office of Minority and Women Enterprises Campaign http://omwbe.wa.gov/ The Port supports OMWBE's certification campaign DBE Program Objectives To engage, assist, counsel & advise DBE & SBE firms on process for doing business with the Port To ensure nondiscrimination in the award and administration of DOT/FAA-assisted contracts To create a level playing field on which DBEs can compete fairly for DOT/FAA-assisted contracts To ensure that the Port's DBE Program is narrowly tailored in accordance with applicable law The Program seeks to increase DBE participation in projects DBE Program Objectives To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs To help remove barriers to the participation of DBEs in DOT/FAA-assisted contracts To assist the development of firms that can compete successfully in the marketplace outside the DBE Program The Program sought to remedy low DBE participation in projects 2015 DBE Compliance Review Documents reviewed to verify compliance: Organization chart, showing DBELO's position Records documenting monitoring contracts with DBE participation Monthly DBE participation monitoring forms Site visits record Sea-Tac's approved DBE Triennial Goal Conclusion: Port manages in accordance with "spirit and intent" of DBE program 2015 DBE Compliance Review Documents reviewed to verify compliance: List of all active FAA funded projects. List of active FAA funded projects that have DBE participation, identifying DBE goal and actual contract percentage achieved to date Sample of an FAA funded contract Sample contract with DBE goal requirement Conclusion: Port manages in accordance with "spirit and intent" of DBE program Port FAA Liaison Officers Port of Seattle Commission Theodore J. Fick Chief Executive Officer Mark Reis Joe McWilliams Managing Director, Aviation Director, Economic Development James Schone Luis Navarro Director, Business Development Director, Social Responsibility Deanna Zachrisson Mian Rice Business Leader Small Business Prgm Policy Mgr Airport Dining and Retail Office of Social Responsibility ACDBE Liaison DBE Liaison (Concessions Program) (Construction Program) Castina Ridge Program Manager Airport Dining and Retail Assistant ACDBE Liaison (Concessions Program) Liaison Officers must have "direct and independent access to the CEO" DBE Compliance Review Recommendations Recommendation 1: Done It is recommended that the PORT's newly appointed Chief Executive Officer, Ted Fick review, sign, and re- distribute the PORT's current DBE Program Recommendation 2: Under Consideration It is recommended that the PORT works closely with the FAA's Regional DBE Compliance Specialist in establishing a race-conscious DBE Program FAA recommendations have been completed or under consideration
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