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PA Bulletin, Doc. No. 03-1140


Disadvantaged Business Enterprise Participation in Federal Highway Administration Funded Contracts

[33 Pa.B. 2827]

   Under the authority contained in the Transportation Act for the 21st Century, act of June 9, 1998, Pub. L. No 105-178, 112 Stat. 113 (23 U.S.C.A. § 101), and in keeping with the requirements 49 CFR Part 26 (relating to participation by disadvantaged business enterprises in Department of Transportation financial assistance programs), the Department of Transportation (Department) provides public notice of its revised goal for participation by Disadvantaged Business Enterprises (DBEs) in its Federally-assisted contracts.

   Pending receipt of public comments, the Department's revised goal is a work in progress.

   As a recipient of Federal funds from the United States Department of Transportation (US DOT) through its agencies, including the Federal Highway Administration (FHWA), the Department must comply with the goal setting provisions of the US DOT DBE regulation, in 49 CFR Part 26, effective March 4, 1999. The Department is mandated to submit a revised goal and methodology for Federally-assisted contracts in accordance with 49 CFR 26.45 and 26.51 (relating to how do recipients set overall goals; and what means do recipients use to meet overall goals). The revised goal and methodology must be submitted to the FHWA by August 1, 2003. An important part of this process is providing notice to the public concerning the revised goal and methodology used to arrive at the final goal and affording the public the opportunity to provide comments on the goal proposal.

   To comply with the goal setting provisions of the regulation, the Department employed a two-step process, as outlined in 49 CFR 26.45. Under Step 1, the Department created a baseline figure for the relative availability of ''ready, willing and able DBEs'' in a relevant market, derived from demonstrative evidence of local market conditions. To this end, the Department developed a definition of ''ready, willing and able DBEs'' relative to any business ''ready, willing and able'' to perform on Federally-assisted Department contracts. The Department considered historical activity within specified market areas including research, service consulting, technical consulting and contractors (prime-contractors, subcontractors and suppliers). Additionally, the Department developed a ratio within market areas of ''ready, willing and able DBEs'' relative to the universe of all ''ready willing and able'' enterprises.

   Under Step 2, the Department examined all relevant evidence in its jurisdiction to determine what adjustments, up or down, are needed to arrive at the overall goal, taking into consideration other conditions or variables impacting DBEs in this Commonwealth. As part of this adjustment phase, the Department considered market potential based upon employment security data and other public data. The Department also considered certain changes relative to counting and certification that occurred as the result of the new regulation.

   Consistent with the public participation requirement for this process, the Department is making the proposed revised goal and methodology available for inspection and review for 45 days from the date of this notice. The Department considers the revised overall goal and methodology a work in progress pending input from the public. To review the DBE goal documents, contact any of the following locations:

Bureau of Equal Opportunity
Commonwealth Keystone Building
400 North Street, 5th Floor
Harrisburg, PA 17101
(717) 787-5891
Attn.: Jocelyn I. Harper

Engineering District 1-0
255 Elm Street, P. O. Box 398
Oil City, PA 16301-398
(814) 678-7105
Attn.: William G. Petit, P. E.

Engineering District 2-0
1924-30 Daisy Street
Clearfield, PA 16830
(814) 765-0400
Attn.: George M. Khoury, P. E.

Engineering District 3-0
715 Jordan Avenue
Montoursville, PA 17754
(570) 368-8686
Attn.: James A. Kendter, P. E.

Engineering District 4-0
O'Neill Highway, P. O. Box 111
Dunmore, PA 18512
(570) 963-4061
Attn.: Charles M. Mattei, P. E.

Engineering District 5-0
1713 Lehigh Street
Allentown, PA 18103
(610) 798-4100
Attn.: Walter E. Bortree, P. E.

Engineering District 6-0
7000 Geerdes Blvd.
King of Prussia, PA 19406
(610) 205-6660
Attn.: Andrew L. Warren

Engineering District 8-0
2140 Herr Street
Harrisburg, PA 17103-1699
(717) 787-6653
Attn.: Barry G. Hoffman, P. E.

Engineering District 9-0
North Juniata Street, P. O. Box 69
Hollidaysburg, PA 16648
(814) 696-7250
Attn.: Ronald L. Samuel, P. E.

Engineering District 10-0
250 Oakland Avenue, P. O. Box 429
Indiana, PA 15701
(724) 357-2806
Attn.: Richard H. Hogg, P. E.

Engineering District 11-0
45 Thoms Run Road
Bridgeville, PA 15017
(412) 429-5001
Attn.: Raymond S. Hack, P. E.

Engineering District 12-0
N. Gallatine Avenue Ext., P. O. Box 459
Uniontown, PA 15401-0459
(724) 439-7340
Attn.: Michael H. Dufalla, P. E.

   The document may also be reviewed online at the following website address:

   Comments, questions or suggestions regarding this notice may be directed in writing to Jocelyn I. Harper, Director, Bureau of Equal Opportunity, (717) 787-5891, Department of Transportation, Bureau of Equal Opportunity, P. O. Box 3251, Harrisburg, PA 17105-3251, Attn: Jocelyn I. Harper, Director, fax (717) 772-4026.

   Comments should be postmarked no later than July 28, 2003, for consideration.


[Pa.B. Doc. No. 03-1140. Filed for public inspection June 13, 2003, 9:00 a.m.]

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