PURPOSE: This rule sets forth the scope of this chapter and
Missouri Department of Transportation's (MoDOT) implementation of the
Disadvantaged Business Enterprise Program (DBE) requirements of Title 49 Code
of Federal Regulations part 26 in United States Department of
Transportation-assisted programs and contracts.
PUBLISHER'S NOTE: The secretary of state has determined that
the publication of the entire text of the material which is incorporated by
reference as a portion of this rule would be unduly cumbersome or expensive.
This material as incorporated by reference in this rule shall be maintained by
the agency at its headquarters and shall be made available to the public for
inspection and copying at no more than the actual cost of reproduction. This
note applies only to the reference material. The entire text of the rule is
printed here.
(1) Incorporates Federal
Regulations. The Missouri Highways and Transportation Commission (commission)
incorporates by reference into this rule and Title 7, Code of State Regulations
(CSR) 10-8.011 through
7
CSR 10-8.151 the regulations for the Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs as set forth in Title 49, Code of Federal Regulations
(CFR), sections 26.1 through 26.109, including all Appendices referenced
therein. This rule incorporates these sections of the CFR as published by the
United States Government Printing Office, 732 North Capitol Street NW,
Washington, DC 20401 on November 3, 2014. This rule does not incorporate any
subsequent amendments or additions to the CFR. These rules shall be in effect
for all commission-let projects for which the commission receives funding
through.
(A) Highways. Federal-aid highway
funds authorized under Titles I (other than Part B) and V of the Intermodal
Surface Transportation Efficiency Act of 1991 (ISTEA), Public Law (P.L.)
102-240, 105 Stat.
1914, or Titles I, III, and Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); The
Moving Ahead for Progress in the 21st Century Act (MAP 21),
P.L.
112-141; and Fixing America's Surface
Transportation (FAST) Act,
P.L. 114-94.
(B) Transit. Federal transit funds authorized
by Titles I, III, V and VI of ISTEA,
P.L.
102-240 or by federal transit laws in Title 49,
U.S. Code, or Titles I, III, and V of the SAFETEA-LU; and The Moving Ahead for
Progress in the 21st Century Act (MAP 21),
P.L.
112-141.
(C) Airports. Airport funds authorized by
49
U.S.C.
47101, et seq.
(D) To the extent that any individual,
entity, or firm is governed by the Disadvantaged Business Enterprise (DBE)
Program regulations in this chapter, that individual, entity, or firm is also
governed and bound by the corresponding United States Department of
Transportation (USDOT) DBE program regulations at 49 CFR part
26.
Clarifications of 49 CFR part
26 are incorporated by reference in the USDOT
Questions and Answers on the DBE program as published on February 11, 2016 at
https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/official-questions-and-answers-qas-disadvantaged.
This rule does not incorporate any subsequent amendments or
additions.
(E) This rule
incorporates by reference the Missouri Department of Transportation (MoDOT)
Mentor/Protégé Program (MPP) as revised by MoDOT on June 17,
2014. The MPP shall be made a part of this rule as published by MoDOT, 105 West
Capitol Avenue, PO Box 270, Jefferson City, MO 65102 and as it appears on
MoDOT's website located at www.modot.mo.gov/ExternalCivil Rights/Mentor/
Protégé program. This rule does not incorporate any subsequent
amendments or additions.
(2) Breach for Noncompliance. MoDOT will
advise each contractor, through contract specifications on USDOT-funded
contracts, that failure to carry out these requirements shall constitute a
breach of contract and may result in termination of the contract, or any such
remedy that MoDOT deems appropriate. MoDOT will require all contractor
employees and contractor agents on USDOT-funded contracts to adhere to the
provisions of 49 CFR part
26.
(3)
Administration. The commission has adopted the federal DBE program regulations
for MoDOT, which executive branch department of state government is subordinate
to and controlled by the commission through commission's appointee, the MoDOT
director, who is MoDOT's chief executive officer. The commission delegates the
day-to-day administration of the DBE program to the External Civil Rights
Director, who has been designated as MoDOT's DBE liaison officer in compliance
with
49 CFR section
26.25.
