Once the base figure has been calculated, Cap Metro must examine all of the evidence available in its jurisdiction to determine if an adjustment is necessary to reflect the level of DBE participation expected absent the effects of discrimination. DOT
recipients are not required to make this adjustment. However, they are required to explain why an adjustment was not made.
Included among the types of evidence that must be considered are the current capacity of DBEs to perform work on Cap Metro’s federally assisted contracts, as measured by the volume of work DBEs performed in recent years, and evidence from disparity
studies conducted anywhere within Cap Metro’s jurisdiction, to the extent not already accounted for in the base figure. If available, Cap Metro also must consider available evidence from related fields that affect the opportunities for DBEs
to form, grow and compete, including statistical disparities in the ability of DBEs to obtain the financing, bonding and insurance required to participate in the USDOT DBE Program, and data on employment, self-employment, education, training, and
union apprenticeship programs, to the extent relevant to the opportunities for DBEs to perform in the Program. Part 26, §26.45(d)(3), and the DOT Tips caution that any adjustment to the base figure to account for the continuing effects of past
discrimination or the effects of an ongoing DBE program must be based on “demonstrable evidence that is logically and directly related to the effect for which the adjustment is sought.”
A. Capital Metro’s Past DBE Utilization
As part of its Step Two analysis, Cap Metro considered the current capacity of DBEs to perform work on its FTA assisted projects, as measured by the amount of work performed by certified DBEs on FTA funded contracts over the past five years.
FFY | DBE Goal Achieved |
---|
2017 | 9% |
2018 | 21% |
2019 | 15% |
2020 | 17% |
2021 | 25% |
The Cap Metro median past DBE participation for FFY 2017 through 2021 is 17%.
B. Evidence from Local Disparity Studies
The only relevant disparity study performed since Cap Metro’s last triennial goal submission was conducted by CHA for the Texas Department of Transportation in 2019. CHA determined the availability of DBEs and minority- and woman-owned business
enterprises (“M/WBEs”) to be 28.1% for contracts funded by the Federal Highway Administration. The Study also presented quantitative and qualitative data concerning the experiences of M/WBEs in obtaining FHWA assisted contracts and
associated contracts, as well as evidence of disparities in opportunities throughout the wider Texas economy.
While relevant and probative to whether Cap Metro needs to continue to employ race-conscious measures to meet its DBE goal, as well as the types of supportive services and other approaches to level the playing field Cap Metro might consider, there
is no methodology to apply the results of another study to adjust Cap Metro’s Step One base figure.
C. Step Two Base Figure Final Adjustment
Following the DOT Tips, Cap Metro combined the Step One base figure of 27.5% with its median past DBE participation of 17.0%, for an average of 22.5%. Cap Metro therefore proposes a triennial DBE goal of 22.5% for its FTA funded contracts.