U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000
FHWA Office of Civil Rights
ARCHIVED DOCUMENT:
FAPG 23 CFR 230B, Supportive Services for Minority, Disadvantaged, and Women Business Enterprises
Formerly Federal-aid Policy Guide Non-Regulatory Supplement NS 23 CFR NS 23 CFR 230B,
December 9, 1991, Transmittal 1
See Order 1321.1C FHWA Directives Management
OPI: HNG-22/HCR-30
NON-REGULATORY SUPPLEMENT
IMPLEMENTATION OF SUPPORTIVE SERVICES (23 CFR 230.204)
Supportive services funds allocated to the States shall not be used to:
provide bonus payments to supportive services contractors.
Supportive services should continue to be provided to all eligible MBEs
in the near term. However, in an effort to promote greater self-sufficiency
in the MBE contracting community, States are encouraged to explore the use
of a graduation concept. In parallel with this concept, States should also
consider curtailing supportive services activities as MBEs gain experience.
Operational assistance (e.g., estimating) by the supportive services contractor
or SHA should be limited to MBEs newly entering the highway construction program.
Outreach and training (group and one-on-one) should continue to be emphasized.
Basic features which should be addressed in the detailed work Statement and Program Plan (23 CFR 230.204(c)) include:
(1) a brief summary statement of the previous year's supportive services program accomplishments;
(2) a brief summary of the present status of the program and its current perceived needs;
(3) a statement identifying specific tasks and a timetable or schedule for accomplishing these tasks;
(4) a reasonably complete discussion stating the objectives of the effort, the method of approach, and extent of effort to be employed;
(5) a cost estimate for the proposed effort sufficiently detailed for meaningful evaluation; and
(6) a statement about what the State is doing with its own resources
to meet these needs. This provides some indication of continuity betweensuccessive
supportive services programs and identifies situations where duplication of effort may exist.
The Regional Administrator's authority to approve the State's detailed
work statement may be redelegated to the Division Administrators. When detailed
work statements are approved by the Division Administrator, a copy shall be
provided to the regional office. Following approval, a project agreement shall
be executed by the Division Administrator providing for FHWA reimbursement
to the SHA. A single project agreement may cover all approved State work statements
during a given fiscal year.
State highway agencies proposals for services, other than those listed
in 23 CFR 230.204(b), will be submitted, with recommendations of the division
and regional offices, to the Washington Headquarters, HCR-30, for approval.
Criteria which will be used to evaluate proposals as discussed in 23
CFR 230.204(e) should be clearly described and include specific weighted values
to be used in the evaluation.
SHA contracts to obtain supportive services should include a statement
of tasks in prioritized order that the supportive services contractor is expected
to accomplish within the time frame of the contract.
MONITORING SUPPORTIVE SERVICES (23 CFR 230.206)
Program effectiveness measures should include the following:
(1) contracting history of MBEs receiving supportive services
assistance (e.g., bonding capacity, contracts successfully completed, increased
capital assets, etc.);
(2) nature and extent of supportive services provided to each
MBE with results (e.g., contracts received, bonding obtained, etc.);
(3) history of bidding activity of MBEs receiving supportive services assistance; and
(4) innovative techniques employed which directly result in MBEs receiving contracts.
At both the Washington Headquarters and regional office levels, the general
FHWA responsibility for monitoring the supportive services program should
restwith Engineering and Program Development personnel. It is the expressed
concern of the FHWA to assure that supportive services enhance the opportunities
for MBEs to participate in the Federal-aid highway program and contribute
to the growth and eventual self-sufficiency of minority firms. Monitoring
the impact of supportive services which have been provided should be the responsibility
of Civil Rights personnel. State and FHWA Civil Rights specialists, at the
appropriate organizational level, should closely coordinate with other appropriate
offices and actively participate in the monitoring function.
SOURCE OF ASSISTANCE (23 CFR 230.207). Additional assistance to MBEs
may be available from such Federal sources as the Small Business Administration,
the Department of Commerce's Minority Business Development Agency, and the Department
of Transportation's Program Management Centers.
STATE AUDIT RESPONSIBILITIES (No CFR paragraph reference). The MBE
supportive services program is an integral component of the SHA Federal-aid
programs and shall be subject to audits, as appropriate, in accordance with
procedures set forth in 23 CFR Part 12.
Page last modified on January 28, 2019