- 5000.3535 Standard state equal employment opportunity construction contract specifications
- 5000.3530 Notice of requirements for affirmative action to ensure equal employment opportunity
- Minnesota EEO regulations
All government entities that receive federal funds from the United States Department of Transportation must follow their state's Disadvantaged Business Enterprise certification process (federal regulation 49 CFR 26.81, in effect since March 1, 2002).
- Status of Social and/or Economic Disadvantage (49 CFR 26.67)
- Personal Net Worth [49 CFR 26.67(d)]
- Business knowledge and expertise [49 CFR 26.69(c)]
- Ownership & Controlling Interest (49 CFR 26.69 and 26.71)
2013-2015 proposed program goals:
Notice is hereby given that the Minnesota Department of Transportation's Office of Civil Rights proposes to set the statewide annual goal for DBE participation for federal fiscal years 2013 through 2015 at 10.3% (7.8% race conscious and 2.5 race gender neutral) for Federal Highway Administration and 3.4% (2.57% race conscious and .83% race gender neutral) for Federal Transit Administration. View/print FHWA letter concurring with program goals (PDF)
MnUCP was established in accordance with Federal regulations (49 CFR Part 26) to offer a "one-stop" shop for certification of Disadvantaged Business Enterprises on U.S. Department of Transportation contracts in Minnesota.
The Minnesota Unified Certification Program includes both certifying and non-certifying members. Certifying members include MnDOT, the Metropolitan Airports Commission, the Metropolitan Council and the City of Minneapolis. Non-certifying members include all other government entities in Minnesota that receive U.S. DOT funds.
Title VI of the Civil Rights Act of 1964 is a federal law that prohibits discrimination on the basis of race, color, and national origin in federally assisted programs and activities. The law specifically states:
"No person in the United States shall on the ground of race, color, or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance" (42 USC 2000d).
FHWA’s Title VI Program is not limited to prohibitions of Title VI of the Civil Rights Act of 1964. Other nondiscrimination authorities include:
- The 1970 Uniform Act (42USC 4601)
- Section 504 of the 1973 Rehabilitation Act (29 USC 790)
- The 1973 Federal-aid Highway Act (23USC 324)
- The 1975 Age Discrimination Act (42USC 6101)
- Executive Order 12898 on Environmental Justice (EJ)
- Executive Order 13166 on Limited English Proficiency (LEP)
On June 6, 2011, the commissioner of Administration renewed the orders designating Targeted Group businesses for all state agencies conducting purchasing and contracting under Minn. Stat. Chapter 16C, for MnDOT's non-federal highway construction contracting & subcontracting, and for four Metropolitan Agencies. These orders replace similar orders issued on May 5, 1999, November 17, 2000, and March 16, 2010 on the same subject matter. MnDOT's TGB program provides certified targeted group small businesses with increased access to state contracting opportunities. Certified Targeted Group small businesses owned and operated by eligible minorities, women, and disabled individuals will receive preference in the evaluation of their project proposals for state funded highway construction project, except federally funded projects. This preference will be equal to 6 percent of the amount bid by the prime contractor and will not exceed $60,000.00.
MnDOT's Veterans Business program provides verified veteran-owned small businesses with increased access to state contracting opportunities. Small businesses owned and operated by eligible verified veterans or verified certified service-disabled veterans will receive preference in the evaluation of their project proposals for any state funded highway construction project, except federally funded projects. This preference will be equal to 6 percent of the amount bid by the prime contractor and will not exceed $60,000.00.