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).
2013-2015 proposed program goals:
Notice is hereby given that the Minnesota Department of Transportation's (MnDOT) Office of Civil Rights proposes to set the statewide annual goal for DBE participation for federal fiscal years 2013 through 2015 at 11.4% (8.6% race conscious and 2.8% race gender neutral) for Federal Highway Administration (FHWA) and 3.4% (2.57% race conscious and .83% race gender neutral) for Federal Transit Administration (FTA).
MnUCP was established in accordance with Federal regulations (49 CFR Part 26) to offer a "one-stop" shop for certification of Disadvantaged Business Enterprises (DBEs) on U.S. Department of Transportation contracts in Minnesota.
The Minnesota Unified Certification Program (Mn/UCP) 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)
Policies, reports and forms:
- Title VI policy, forms and assurances
- Title VI program plan 2011 (PDF)
- Title VI report 2009 (PDF)
- Title VI report 2008 (PDF)
- Title VI report 2007 (PDF)
- Title VI report 2006 (PDF)
- Title VI report 2005 (PDF)
- 1392 report 2009 (PDF)
- 1392 report 2008 (PDF)
- 1392 report 2007 (PDF)
- 1392 report 2006 (PDF)
- 1392 report 2005 (PDF)
- 1392 report 2004 (PDF)
- 1392 report 2003 (PDF)
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.
MnDOT's Office of Civil Rights is committed to ensuring equal opportunity for all businesses and personnel on MnDOT projects. Our goals are:
- To implement policies to ensure that no person is excluded from participation or denied on Federally Funded Projects based on race, religion, color, gender, age, marital status, ability, or national origin.
- To promote fair and equitable public service, advocating non-discriminatory treatment in providing transportation services.
- To ensure transportation services are provided in a non-discriminatory manner.
- To ensure equal opportunity in employment, participation, benefits, services, and contracts.
- To eliminate discrimination in the highway and bridge construction industry.
- To increase the number of businesses owned by socially and economically disadvantaged individuals in the highway and bridge construction industry.
- To provide quality technical assistance, resources, guidance and any other information regarding the Small Business Development Program in a non-discriminatory manner, which levels the playing field for minority, women and economically disadvantages small businesses.
New hiring goals on state contracts
On April 9, 2012, the Commissioner of Human Rights, Kevin Lindsey, announced that contractors on state-funded construction projects will be subject to revised hiring goals. The new goals target minority participation in state funded contracts in the Metro Area including Hennepin and Ramsey counties and cities within those counties at 32 percent. The goal for minority participation in state-funded contracts in Anoka, Carver, Dakota, Scott and Washington counties will be 22 percent. The goal for female participation in the entire seven-county area will be 6 percent. The goals apply to all construction contracts in excess of $100,000 and to employers with more than 40 full time employees.
For state-funded contracts in counties and cities outside the seven-county area, previous goals for female and minority hiring will remain in effect until additional US Census Data is available. These new goals will apply on all MnDOT projects let on or after May 18, 2012. Please carefully read the Equal Employment Opportunity Special Provisions contained in upcoming project proposals. We're here to assist - if you have any questions, do not hesitate to contact your regional workforce/contract compliance specialist.