RULES AND REGULATIONS FOR THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

Regulation Authority:

R.I. Gen. Laws § 42-35-1 et seq., § 37-14.1-1 et seq., Section 106(c) of the Surface Transportation and Uniform

Purpose and Reason:

State of Rhode Island and Providence Plantations Rhode Island Department of Transportation CONCISE SUMMARY OF PROPOSED NON TECHNICAL AMENDMENTS TO THE RULES AND REGULATIONS FOR RHODE ISLAND DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM In accordance with the Administrative Procedures Act, Section 42-35-3(a) (1) of the General Laws of Rhode Island, the following is a concise summary of non technical amendments: PAGE SECTION SUMMARY OF AMENDMENT 3 1.1 Includes citation to applicable federal regulation and refines language. 3 1.2 Includes revised citation and refines language. 3 2.1 Refines language for definition of Affirmative Action. 3 2.2 Lists certifying agent and refines language. 3 2.3 Refines language for definition of Compliance. 4 2.4 Refines language for definition of Contract. 4 2.5 Clarifies and refines language for definition of Contractor. 4 2.6 Clarifies and refines language for definition of Debarment. 4 2.7 Refines language for definition of Department. 4 2.8 Clarifies and refines language for definition of DBE. 4 2.9 Refines language for definition of DBE Administrator. 5 2.10 Clarifies and refines language for definition of Joint Venture. 5 2.11 Clarifies and refines language for definition of Lessee. 5 2.12 (deleted) Deletes definition of “minority” which is addressed later in section 2.16 under “socially and economically disadvantaged individuals.” 5 2.12 (formerly 2.13) Refines language for definition of Mentor/Protégé Agreement. 5 2.13 Refines language for definition of Non-Compliance. 6 2.14 Clarifies and refines language for definition of Prime Contractor. 6 2.15 Refines language and updates language in accordance with federal regulation for Very Small Business Set-Aside. 6 2.16; 2.16.1;2.16.2 Refines language and updates language in accordance with 49 CFR Part 26 for definition of Socially and Economically Disadvantaged Individuals. 7 2.17 Refines language for definition of Subcontractor. 7 2.18; 2.18.1 Clarifies and refines language for definition of suppliers. 7 2.19 Includes and defines new requirement for Very Small Businesses, which is a federal requirement under 49 CFR §26.65. 8 3.1 Clarifies and refines language. 8-9 3.2; 3.2.1;3.2.2 Refines language. 9 3.3 Clarifies and refines language for Commercially Useful Function guidelines; deletes definition of suppliers, which are defined in 3.3.2. 10 3.3.1 Clarifies and refines language for Commercially Useful Function guidelines in accordance with federal regulation. 10-15 3.3.2 Clarifies and refines language for Commercially Useful Function guidelines in accordance with federal regulation; revises guidelines for DBE suppliers and DBE trucking operations; modifies numerical format. 15-17 3.4 Clarifies and refines requirements for good faith efforts to meet DBE goals, including examples and evidence of good faith efforts. 17-18 3.5 Amends DBE participation in goal pursuant to 49 CFR 26.55 and implements use of DBE Verification of Payment Form to ascertain actual amount paid to verify DBE goals. 18 4.1 Clarifies and refines DBE Approval Procedures by RIDOT. 18 4.2 Refines language concerning submissions of DBEs performing as subcontractors. 19 4.3 Refines and clarifies requirements for DBEs involved in a mentor/protégé agreement in accordance with subpart D of 49 CFR Part 26. 19 4.4 Insubstantial changes to language for RIDOT’s Review Procedures for proposed DBEs. 20 4.5 Minor changes to language for RIDOT’s due process procedures for DBEs that are not approved for work on RIDOT projects. 20 5.1 Refines language for Overview of DBE monitoring and debarment. 21 5.2 Clarifies and refines language for DBE violation. 21 5.3 Amends DBE Coordinator to “DBE Administrator” and modifies numerical format. 21 5.4; 5.4.1; 5.4.2 Clarifies and refines language for Formal Fact Finding. 22-24 5.5;5.5.1 Minor changes to language for Show Cause Hearing, changes “provisions” to “regulations”; “working days” to “business days; and modifies numerical format. 24 6.1; 6.1.1 Minor changes to language for Sanctions and modifies numerical format. 24-25 6.2; 6.2.1; 6.2.2; 6.2.3 Minor changes to language for Debarment and modifies numerical format. 25 6.3 Minor changes to language for Effect on Current Contracts. 25 6.4 Minor changes to language for List of debarred contractors/subcontractors. 26 8.1 Revises application to state that these regulations will take effect upon filing with the Secretary of State. 26 Certification Includes Certification by RIDOT Director.