Civil Rights

The Idaho Transportation Department (ITD) has commissioned BBC to conduct a disparity study to assess whether person of color (POC-) and woman-owned businesses face any barriers as part of ITD’s contracting processes. Information from the study will help ITD assess its efforts to encourage POC- and woman-owned businesses to bid on ITD contracts and help inform what, if any, improvements are needed to optimize ITD’s contracting processes and implementation of the Federal Disadvantaged Business Enterprise (DBE) Program.

• 2023 Idaho Transportation Department Disparity Study

The Office of Civil Rights is pleased to be able to share the draft 2023 Idaho Transportation Department Disparity Study. ITD has worked extensively with our consultant, BBC, to make sure the following topics were considered as part of this study:

• Current capacity of DBE’s ready, willing and able to perform highway work in Idaho, as measured by the volume of work DBEs have performed in recent years.
• Current marketplace and industry conditions of Idaho
• Public Works Licensing requirements

We took additional time to work closely with the Federal Highway Administration to ensure we are on the same page with study determinations so that ITD can come forward seamlessly with a mid-cycle adjustment on the FHWA DBE Goal.

If you have a chance to review and provide comments, please send them to: CivilRights@itd.idaho.gov

We will be providing these comments to Federal Highways on August 10, 2023 as part of completing the study.

If you have questions or would like to know more about this study, please don’t hesitate to reach out to Ronnie Winks or Taylor Bothke.

Ronnie Winks | 208-334-8567 | Ronnie.W inks@itd.idaho.gov

Taylor Bothke | 208-901-4698 | Taylor.Bothke@itd.idaho.gov

Please submit any comments you may have about your experiences working in the local marketplace, working with ITD, or about the disparity study.

E-mail your comments directly to the project team at:

• ITDDisparityStudy@bbcresearch.com

 
Topic areas could include:

• Conditions in the local marketplace including any potential barriers businesses face in being successful or growing;
• Contracting opportunities with ITD or other local government agencies;
• Business assistance programs ITD or other local agencies currently use;
• Any recommendations for additional business assistance programs that ITD could consider implementing; or
• The 2022-23 Idaho Transportation Department Disparity Study.

Your comments will be integrated into the project team’s analyses of local marketplace conditions.

ITD will provide regular updates about BBC’s progress on the disparity study throughout its course. Please check back periodically for those updates.

Project initiation. ITD and BBC initiated the 2022-23 Idaho Transportation Department Disparity Study in August 2022 with a series of meetings with various ITD agencies and representatives. BBC met with ITD to introduce the study, answer questions, and begin the process of understanding contracting and vendor data ITD maintains.

• Disparity Study Introduction – Slide presentation

Data collection. BBC began working with ITD in August 2022 to collect data on contracts ITD awarded during the study period (October 1, 2018 through September 30, 2021) as well as information about the vendors that participated in those contracts.

Next Steps

BBC will engage in the following disparity study tasks in the coming months:

• Community meetings. In October 2022, the project team will conduct two in-person community meetings. These meetings will be simultaneously broadcast online, and community members are welcome to watch the meetings at their local ITD District Offices. During the community meetings, BBC will present information about the disparity study, answer any questions, and solicit participants for any verbal or written testimony they would like to share regarding their experiences working in the local marketplace. Please participate and make sure your insights are included as part of the study process!
  • For more details see the Disparity Study Flyer for Oct. 19 & 20, 2022 Community Meetings.
• Data collection. The project team will continue to work with ITD to collect data on contracts it awarded during the study period and the vendors that participated in those contracts.
• Data analysis. The project team will begin analyzing data it collects from ITD. BBC will begin assessing the subindustries that account for the majority of ITD contracting, the geographical area most relevant to ITD contracting, and the percentage of total contract dollars POC- and woman-owned businesses received on ITD’s prime contracts and subcontracts during the study period.
• Availability surveys. The project team will begin conducting availability telephone surveys with businesses in the relevant geographic market area that perform work relevant to ITD contracting. If we contact your business, please participate in the survey process to help ensure accurate and comprehensive analyses!

Q. What is a Disparity Study?
A. A disparity study examines whether there are differences between:

• The percentage of dollars woman- and person of color (POC-)-owned businesses received on an agency’s prime contracts and subcontracts during a particular time period (utilization); and
• The percentage of dollars those businesses would be expected to receive based on their availability to perform on the agency’s prime contracts and subcontracts (availability).

The comparison between the participation of woman- and POC-owned businesses in an agency’s contracting and the availability of those businesses to perform that work is referred to as a disparity analysis. In addition to utilization, availability, and disparity analyses, disparity studies typically examine other quantitative and qualitative information about:

• Legal considerations surrounding the implementation of woman- and POC-owned business programs;
• Conditions in the local marketplace for women, POCs, and woman- and POC-owned businesses;
• Contracting practices and business assistance programs the agency currently has in place; and
• Potential program measures for consideration as part of the agency’s implementation of woman- and POC-owned business programs.

 
Q. When will the disparity study be completed?
A. The study will be completed in June 2023. For more details, see the topic “Disparity Study Timeline” above.
 
Q. What types of contracts are being studied?
A. The disparity study will examine prime contracts and subcontracts the Idaho Transportation Department (ITD) awarded from October 1, 2018 through September 30, 2021. The study will focus on construction, professional services, and non-professional services, goods and supplies contracts and procurements.
 
Q. What will ITD do with information from the disparity study?
A. Information the project team collects as a part of the 2022-23 Idaho Transportation Department Disparity Study will help ITD with its implementation of the Federal DBE Program. Among other information, the disparity study will provide:

• An independent, objective review of outcomes for women- and POC-owned businesses in ITD prime contracts and subcontracts. That information will be valuable to both ITD leadership and external groups that help assess ITD’s efforts to encourage underrepresented business owners to bid on ITD contracts.
• Information that is useful for setting annual overall aspirational goals for the participation of women- and POC-owned businesses; and
• Insights about how ITD might improve contracting opportunities for local businesses and how it could better encourage the participation of women- and POC-owned businesses in the future.

 
Q. Will the results of disparity study be made public?
A. Yes, the results of the disparity study will be made public at the end of the process.
 
Q. How can I participate in the disparity study process?
A. There are several ways in which you can participate in the 2022-23 Idaho Transportation Department disparity study:

• Share your experiences working in the local marketplace by emailing the project team directly at ITDDisparityStudy@bbcresearch.com.
• Join us for a community meeting where you can learn more about the disparity study process, submit verbal or written testimony, and ask questions.
  • For more details, please review: Disparity Study Flyer for Oct. 19 & 20, 2022 Community Meetings.
• If you represent a business working in the local marketplace, you may be contacted as a part of the availability survey process. If you are contacted, please help the project team by participating!
• Call us if you have any unanswered questions about the study. For more information, please see contacts below.

Key Contacts

Ronnie Winks | DBE Program Coordinator, ITD Office of Civil Rights | 208-334-8567 | ronnie.winks@itd.idaho.gov

Alternatively, you can contact the project team directly at:

Betsy Sava | BBC Associate | 303-321-2547, ext. 244 | bsava@bbcresearch.com

The Idaho Transportation Department (ITD) will provide access to relevant disparity study notes, presentations, and reports below. Please check back periodically for updated documents throughout the course of the study.

Project initiation presentation. ITD and BBC initiated the 2022-23 Idaho Transportation Department Disparity Study in August 2022 with a series of meetings with various ITD agencies and representatives. BBC met with ITD to introduce the study, answer questions, and begin the process of understanding contracting and vendor data ITD maintains.

• Disparity Study Introduction – Slide presentation

The project team for the 2022-23 Idaho Transportation Department (ITD) Disparity Study includes five firms that possess expertise directly related to conducting the study in a manner that meets the highest industry and legal standards.

BBC. BBC is a 52-year-old economic and diversity research firm based in Denver, Colorado. The firm has completed more than 130 disparity studies for cities, states, transportation agencies, and other government entities across the country. BBC is also considered a national expert in helping agencies develop and refine their implementations of small and diverse business programs. The firm has provided expert testimony related to disparity studies and diverse business programs on several different occasions, most recently as part of the successful defense of the California Department of Transportation’s (Caltrans’) implementation of the Federal Disadvantaged Business Enterprise (DBE) Program, which was based in large part on a 2007 BBC disparity study.

• For more information about BBC, please visit: bbcresearch.com

Primary contacts:
Kevin Williams | BBC Managing Director | 303-321-2547, ext. 231 | kwilliams@bbcresearch.com

Betsy Sava | BBC Associate | 303-321-2547, ext. 244 | bsava@bbcresearch.com

GCAP Services (GCAP). GCAP Services is a Hispanic American-owned, DBE-certified supportive services firm based in Costa Mesa and Sacramento, California. GCAP has substantial experience supporting organizations that implement small business and POC- and woman-owned business programs, including ITD. GCAP has developed and conducted training programs for DBE-related issues, including both live and on-line training workshops for DBE Program requirements. Edward Salcedo, President of GCAP is actively involved in various projects that require intimate understanding of the Federal DBE Program and the effectiveness of program measures. GCAP will help with program and policy review as well as anecdotal data collection for the ITD Disparity Study.

The Metts Group. The Metts Group is a woman-owned, DBE-certified economic and community analysis firm based in Hayden, Idaho. The firm was established in 2015 and specializes in understanding different communities, the economy, and market opportunities through research and community engagement. The Metts Group offers a wide array of services providing businesses, developers, government agencies, tribes, and other organizations with research and guidance to help them make informed decisions. The Metts Group will help with anecdotal data collection for the ITD Disparity Study.

Davis Research. Since its inception in 1970, Davis Research has grown to be one of the leading survey data collection firms in the nation. The firm consistently delivers sophisticated telephone and web-based surveys with seamless programming, supremely qualified surveyors, and a customized look and feel. In addition, it offers professional computer-aided telephone interviewing services from its industry-best call centers. Davis Research’s success has come from partnering with its clients to deliver custom survey solutions that best answer research questions. For ITD’s disparity study, Davis Research will be responsible for programming and fielding surveys with businesses in the local marketplace in connection with the availability and utilization analyses.

Holland & Knight. Holland & Knight is a multi‐national law firm and has participated in more than 60 disparity studies with BBC. BBC works with Holland & Knight to develop the legal analysis and framework on disparity studies and to consult on legal issues. Holland & Knight also has extensive experience conducting in‐depth interviews; collecting and analyzing anecdotal evidence; and assessing potential supplier diversity measures. Holland & Knight will develop the legal framework for the ITD Disparity Study.

Accessibility Guidelines – A U.S. Access Board document containing scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the ADA.

ADA Standards – An online version of the U.S. Department of Justice’s 2010 ADA Standards for Accessible Design from the revised regulations for Titles II and III.

Assessment Form – ITD’s ADA Transition Plan Needs Assessment Form to assist those with jurisdiction over public rights-of-way in conducting a self-evaluation of ADA compliance.

Best Practices Tool Kit – A technical assistance document designed to assist state and local officials to improve compliance with Title II of the ADA in their programs, services, activities, and facilities.

Draft Guidelines – A U.S. Access Board document specifying the draft guidelines for the design, construction, and alteration of facilities to ensure accessibility and usability by people with disabilities.

U.S. Access Board – A Federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards.

U.S. Department of Justice – Federal agency that is required by the ADA to write regulations for formally implementing and enforcing accessibility standards for facilities subject to Titles II and III.

• Submit an Accommodation Request
• iSpeak Card (Language Identification Flashcard)

Reasonable accommodations include, but are not limited to:

• Printed materials in alternative formats
• Sign language interpreters
• Assisted listening devices
• Website accessibility
• PDF document conversion
• Curb ramps
• Accessible Pedestrian Signals (APS)
• Sidewalk repairs

Reasonable accommodations can be for:

• A one-time event
• A limited duration
• An ongoing period of time

Español | Solicitud de Alojamiento

• Seleccione para Solicitud de Alojamiento

Acomodaciones razonables incluye, pero no estay limitado a:

• Proveer información en formatos alternativoss
• Intérpretes de lengua de señas
• Dispositivos de asistencia auditiva
• Web accesibilidad
• Rampas de acerca
• Reparaciones de la banqueta
• Señales peatonales accesibles

Acomodaciones razonables pueden ser para:

• Un evento único
• Duración limitada
• Tiempo Continuo

• Open DBE Directory
• DBE Search Instructions for using the DBE Directory

To qualify as a DBE, firms must:

• Be existing, operational, and “for profit”
• Operate independently; or, for subsidiaries, operate self-sufficiently
• Meet the Federal definition of a “small business concern”

In addition, firm owners must:

• Establish at least 51% real and substantial ownership
• Possess the power and expertise to control the daily operations and management of the firm
• Meet the Federal definition of “socially and economically disadvantaged”

• Apply for DBE Certification
• Common Mistakes in Applying for DBE Certification
• Idaho United Certification Program (UCP) Agreement

• Code of Federal Regulations website
• Helpful Guide for Good Faith Efforts

The Idaho Transportation Department recognizes its responsibility to ensure that Disadvantaged Business Enterprises (DBEs) have an equal opportunity to participate in the performance of USDOT-assisted contracts and subcontracts administered by ITD.

As part of its continuing effort to fulfill this responsibility, ITD follows a DBE Program Plan that reflects the requirements and guidance contained in 49 CFR 26. Additionally, this plan provides DBEs and other contractors with information on their responsibilities when it comes to USDOT-assisted contracts, as well as ITD’s implementation procedures.

• DBE Program Plan
• DBE Commitment Requirements: ITD-2396 Instructions & DBE examples – Primes must complete the ITD-2396 & supporting documentation by 5:00 pm on day of bid.
• DBE Participation Fiscal Year-to-Date

• ITD’s Proposed DBE Annual Participation Goal for FY2021-2023 FAA-Funded Projects
• ITD’s Proposed DBE Annual Participation Goal for FY2020-2022 FHWA-Funded Projects
• ITD’s Approved DBE Annual Participation Goal for FY2020-2022 FTA-Funded Projects

• 2017 ITD Disparity Study

The Idaho Transportation Department has contracted with GCAP Services, Inc. to provide free DBE Supportive Services to Idaho certified DBEs. The contract is effective through September 2022.

GCAP will assist certified DBE firms with small business assistance including outreach, education, resources, and tailored technical assistance needed to competitively bid and successfully perform on ITD projects.

GCAP will run two separate virtual Small Development and Leadership courses (24-32 hours), provide virtual technical assistance workshops, and one-on-one consulting to name a few.

For DBE Supportive Services assistance please contact GCAP by phone at 714-800-1795 or via email at bcastillo@gcapservices.com. If you have difficulties reaching them please email CivilRights@itd.idaho.gov.

The DBE Supportive Services Schedule will be updated on a regular basis.

• 2022 DBE Supportive Services Schedule

DBE Resources

• DBE Toolbox
• Idaho Small Business Development Center (SBDC)
• Idaho Procurement Technical Assistance Center (PTAC)
• Idaho Women’s Business Center
• U.S. Small Business Administration

ITD Diversity Tracking System Links (provided by B2GNow)

• B2GNow Customer Service, Technical Support and Inquiries
• Logging in and Accessing the System
• B2GNow Tracking System Vendor Training (Video)
• B2GNow Vendor Training Manual

The system is designed to automate vendor reporting requirements, empowering vendors to maintain accurate contact information, and submit sub-contract payment details online. The Diversity Management System is accessible to all firms doing business with ITD.

• Automated communication with contractors via email regarding compliance
• Submission of contractor utilization reports online
• Online verification of subcontractor payments
• Automated tracking of contract goals and participation
• Online ability to search for certified DBE firms using advanced keyword search capabilities
• Streamlined online DBE certification application process
• Online ability to search and view currently registered bidders
• Streamlined online bidder’s registration process

Through the online Bidder Registration’s process, ITD obtains a Bidders List of all prime and subcontractors bidding on USDOT-assisted contracts. A one-time registration is required from all bidders who seek to work on ITD projects. Afterwards, annual reminders are sent out to companies on the list to update the data fields as needed.

ITD’s Bidders List has the following information (49 CFR § 26.11(c)):

• Firm Name
• Firm Address
• Firm’s Status as a DBE or Non-DBE
• Age of the Firm
• Annual Gross Receipts of the Firm
• Owner’s race/gender
• Business Type
• NAICS Code(s)
• Preferred Geographical Work areas

Bidders List Registration

Before registering on ITD’s Bidders List, first make sure you have a vendor account in the overall Diversity Management System (also known as “B2GNow”) data tracking system.

• Instructions for the Bidder’s List Registration
• Go to the homepage at: https://itd.dbesystem.com and choose “Bidders List Registration”
  • To be on the safe side, search the database first to make sure you’re not already in the overall system.
    • B2GNow is used by many other states.
  • If you can’t “find” yourself on the list, you will need to create a vendor account for yourself.
    • Have information like your Federal Tax ID ready.

Once you have your vendor account, you’re ready to move forward with your user name (email address) and to log in with the password you created.

• If you already have an vendor account, but can’t remember your password, you can always send yourself a one-time password reset email.
• Once you are logged in, click past the welcoming page to your “dashboard”
• What you want is “Start/Renew ITD Bidders List Registration”
  • You should be able to auto-fill much of the information from your overall vendor registration while you’re doing this.

Then you are all set!

• You can go back to https://itd.dbesystem.com, choose “Bidders List” and search for yourself to confirm you are on the list.
• Afterwards, whenever you are listed as a subcontractor or service provider on any ITD federally-funded contracts, you will be asked to go into this system to confirm that you have received the correct payments in a timely manner from the prime contractor who is using you.

EEO Contractor Compliance

Contractors working on Federal-aid projects must assure nondiscrimination in all their programs and activities. ITD’s Office of Civil Rights Contract Compliance Officer helps contractors and sub-contractors with EEO compliance.

• Required Contract Provisions on Federal-Aid Construction Projects (FHWA-1273)
• Federal– and State-Required Job Site Posters

Federal Highway Administration (FHWA) Form 1391/1392
Form 1391 is snapshot of your workforce and work opportunities in the month of July. The form collects demographic data on employees working for your company. The data is used to determine if and where training and hiring goals are applied on projects, so it is critical that ITD receives accurate data in your submission.

• Form 1391 Submission
• Form 1391 Submission Instructions
• Form 1391 Frequently Asked Questions (FAQs)

In an effort to take the guesswork out of Title VI, the Idaho Transportation Department offers comprehensive checklists for, document samples of, and other pertinent information on the implementation of Title VI to ensure that Local Public Agencies (LPAs) and other Federal-aid recipients are actively working to prevent discrimination within their organization. Contact the Contractor Compliance Officer for assistance.

El propósito del programa de DBE es para eliminar obstáculos y ofrecer igualdad de oportunidad para empresas de personas desfavorecidas acerca contratos de transporte.

Certificación

Elegibilidad:

• La empresa debe ser una pequeña empresa con fines de lucro en la que los propietarios de DBE en desventaja social y económica posean al menos un 51% de participación
• Ser existente y operativa.
• Operar de manera independiente, o, por subsidiarias, operar de manera autosuficiente.
• Cumplir con la definición del Small Business Administration como una pequeña empresa.
• Tener la capacidad y la experiencia para manejar las operaciones diarias de la empresa.
• Cumplir con el patrimonio neto personal (PNW) de menos de $1, 320,000.

Administración
El Departamento de Transporte de Idaho reconoce su responsabilidad de garantizar que las Empresas de Personas Desfavorecidas tengan la misma oportunidad de participar en la ejecución de los contratos y subcontratos financiados con fondos federales.

Como parte de su continuo esfuerzo por cumplir con esta responsabilidad, el Departamento de Transporte de Idaho sigue un plan de programa de Empresas de Personas Desfavorecidas (DBE) que refleja los requisitos y la guía que contiene el Código 49 de Regulaciones Federales (CFR) 26. Para aplicar al programa, hable con la Coordinadora del Programa o visite la sección títulada DBE Program.

Asistencia en Español
Si necesita asistencia en Español hable al 208-334-8567.

• Seleccione para Solicitud de Alojamiento

Acomodaciones razonables incluye, pero no estay limitado a:

• Proveer información en formatos alternativoss
• Intérpretes de lengua de señas
• Dispositivos de asistencia auditiva
• Web accesibilidad
• Rampas de acerca
• Reparaciones de la banqueta
• Señales peatonales accesibles

Acomodaciones razonables pueden ser para:

• Un evento único
• Duración limitada
• Tiempo Continuo

• FHWA Resource Center