Civil Rights & Disadvantaged Business Enterprise

Overview

It is the policy of the County of Humboldt to ensure that DBEs as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT–assisted contracts.  It is also our policy:

1. To ensure nondiscrimination in the award and administration of DOT – assisted contracts;
2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;
5. To help remove barriers to the participation of DBEs in DOT assisted contracts;
6. To assist the development of firms that can compete successfully in the marketplace outside the DBE Program.

In order to receive federal funds, Humboldt County has given assurances that it will comply with 49 CFR Part 26 and its policy stated above.  The Department of Public Works must make work available to DBEs in its contracting and consulting opportunities.  Bids and Request for proposal have work items that are consistent with available DBE consultants, contractors, subcontractors, suppliers, manufacturers, and truckers. For more information on the program please follow the links below.  

Caltrans Civil Rights Programs: Caltrans Civil Rights

To read 49 CFR Part 26 online, you may visit: Elec. Code of Fed. Reg.

The Department of Public Work's DBE program is composed of several documents: Exhibit 9A, the Implementation Agreement for Local Agencies, which describes the program, policies, and administrative requirements; Exhibits 9B & 9C, which are submitted annually and detail some technical aspects of the DBE Program; and organization chart and other supporting documents including the DBE Goal Setting Calculations. 

Bidding

Bidders on projects that have a DBE goal must show they have met the goal or have made an adequate "good faith effort" to meet the goal.  Guidance as to what constitutes adequate good faith efforts may be found in Caltran's Local Assistance Procedure Manual (LAPM, Chapter 9).  In addition,  DBE is granted certain contracting rights Per 49 CFR Part 26. For instance, once a prime contractor has been awarded a project with a DBE subcontractor, the DBE subcontractor may be substituted in only limited situations. These and other DBE issues are also discussed in LAPM Chapter 9.

Complaints

If a DBE feels that they may have been discriminated against, they may file a complaint with the Department of Public Works, Caltrans, or with the FHWA Office of Civil Rights.

As required by 49 CFR Part 26, the Department of Public Works must maintain a Bidder's List. The Bidder's list must contain the name of firms, contact information, the age of the firm, yearly revenues and work area. This information is collected from past participation on Public Works projects, either as a prime contractor or subcontractor, or from bid documents (e.g., List of Subcontractors, Caltrans Exhibit 15-G1, 15-G2, etc.). The Bidder's List is also supplemented by contractors listed on Caltrans California Unified Certification Program (CUCP) DBE Database. 

The Bidders List is typically updated each year. Firms that have not bid on Department of Public projects within five years may be removed from the list. The Department of Public Works assumes no responsibility for the accuracy of firms listed on the Bidder's List: firms can change names, contact information, areas of work effort or even go out of business without notifying the Public Works Department.

For more information regarding small business resources, please contact the Caltrans District Small Business Liaison (DSBL) for District 1. Caltrans DSBLs are an excellent source of information and are available to assist you.

Unless a firm (prime contractor or subcontractor) has previously submitted the required information (as noted on the Bidder's List) or submits the information with bid proposal the bid may be held non-responsive and the bid rejected.

Title VI of the Civil Rights Act of 1964 states:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”  (42 U.S.C. Sec 2000d)  

Who is protected by departmental policy and state and federal law?
♦ Job Applicants ♦ Employees ♦ Vendors ♦ Contractors ♦ Public

What is protected by departmental policy and state and federal law?
♦ Accessibility ♦ All Terms, Conditions and Privileges of Employment ♦ Compensation ♦ Discipline ♦ Harassment Free Work Environment (Including Sexual Harassment)♦ Hiring ♦ Programs, Activities, Services and Benefits♦ Promotions ♦ Recruitment

The County of Humboldt established the Humboldt County Human Rights Commission in 1965.  It’s purpose is to eradicate discrimination in the County and specifically in the cases of employment, public services and housing.  The scope of the Commission has been expanded to include discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, marital status, gender, sexual orientation, socioeconomic status, civic interest, or other factors.

It is the responsibility of the Human Rights Commission to investigate complaints of human rights violations, and to report on the state of human rights in the Humboldt County on an annual basis.  The Human Rights Commission meets monthly.  Please visit their website to find out more about the Commission.  HumCo Human Rights Commission

Any person who believes he/she has been subjected to discrimination in the delivery of or access to public services on the basis of race, color, or national origin, may file a complaint with the Humboldt County Department of Public Works.  PWRKS Title VI Complaint. In addition to the Department of Public Works complaint process, an individual may file a Title VI complaint with Federal and State officials.  Learn more about your Title VI rights from: the Caltrans Office of Civil Rights and the Federal Highway Administration Office of Civil Rights.