Governing Regulations for the U.S. EPA DBE Program at the Metropolitan Council

Federal requirements for the EPA’s Disadvantage Business Enterprise Program for Minority/Women's Business Enterprise apply to the Metropolitan Council’s involvement in the State Revolving Fund Program. Those requirements are included in the following regulations:

40 C.F.R. Subpart A Sections 31.101 – General Provisions
Executive Orders No. 11625, 12138 and 12432 - Promoting the use of M/WBEs
Section 129 of Public Law 100-590 - Small Business Administration Reauthorization and Amendment Act of 1988
Regulations detailed in the EPA's Cross-Cutting Federal Authorities - Clean Water Act State Revolving Fund Program and Safe Drinking Water Act State Revolving Fund Program

Mandated Actions

1. Accept, as part of the loan application a fair share statement proposing a fair share target percentage for MBE and WBE participation in the project as assigned by the Council.
2. Take all necessary steps to assure that DBEs (MBEs and WBEs) are used when possible. Affirmative steps shall include:
   a) Including qualified DBEs on solicitation lists;
   b) Assuring that DBEs are solicited whenever they are potential sources;
   c) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of DBEs;
   d) Establishing delivery schedules, where the requirements of the work permit, that will encourage participation by DBEs;
   e) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency, U.S. Department of Commerce, as appropriate; and
   f) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps in paragraphs a) through e), above.
3. Review the documentation of actions taken by its consulting firm and low bidder to solicit DBEs and to determine whether they are in conformance with the above affirmative steps.
4. Submit to the Public Facilities Authority a report identifying quarterly-level MBE and WBE utilization.

Goal Setting

The Environmental Protection Agency and the Metropolitan Council sets the DBE program fair share target percentage goals. In assigning the fair share target percentage the Metropolitan Council utilizes:

a) state disparity study across the State of Minnesota, and
b) availability analyses showing the availability of MBEs and WBEs in the financial assistance recipient’s relevant geographic buying market. These goals do not operate as quotas.

The target goals are reviewed and confirmed by the EPA on an annual basis.