TO: AC Transit Board of Directors
FROM: Salvador Llamas, General Manager/Chief Executive Officer
SUBJECT: Disadvantaged Business Enterprise
BRIEFING ITEM
AGENDA PLANNING REQUEST: ?
RECOMMENDED ACTION(S):
Title
Consider receiving a report on Disadvantaged Business Enterprise (DBE) utilization for the period of April 1, 2025, through September 30, 2025.
Staff Contact:
Phillip Halley, Interim Director of Civil Rights & Compliance
Body
STRATEGIC IMPORTANCE:
Goal - Strong Public and Policymaker Support
It is the policy of AC Transit to ensure non-discrimination on the basis of race, color, sex or national origin in the administration and award of contracts. Through the adoption of its Small Business Enterprise (SBE) and Local Business Enterprise (LBE) goals, the District intends to create a level playing field on which all small businesses, including DBEs, can compete fairly for contracts and subcontracts relating to the District's construction, procurement and professional services activities.
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with receiving this report.
BACKGROUND/RATIONALE:
On September 30, 2025, the U.S. Department of Transportation issued the Interim Federal Rule (IFR): Disadvantaged Business Enterprise (DBE) Program and Airport Concession Disadvantaged Business Enterprise (ACDBE) Program Implementation Modifications.? This IFR became effective immediately and removed the race- and sex-based presumption that has generally been a primary basis for the certification of businesses as DBEs.? The IFR also paused the requirement for recipients to comply with and report on DBE utilization for adopted triennial DBE goals. Since the effective date of the IFR coincided with the end of the final six-month reporting period (April 1 through September 30) of the District's FFY2023-2025 triennial DBE goal, staff is reporting the utilization data to the Board only and it will not be submitted to the FTA. It should...
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