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Disadvantaged Business Enterprise PolicyFY 2023-20258. Plans and participates in DBE training seminars;9. Advises the TPO Board on DBE matters and achievement;10. Provides outreach to DBE’s and minority and women business organizations to assist smallbusiness with contracting opportunities and to help foster relationships with larger primebidders/contractors. Such outreach activities may include, but shall not be limited to, networkingworkshops, small business fairs, business development training sessions, mentor-protégéprograms, assistance in preparing bids, and obtaining bonding and insurance;11. Conducts audits of prime contractors to ensure prompt payment requirements are met andcertifies DBE’s according to the criteria set by DOT and acts as a liaison to the Uniform CertificationProcess in the State of Florida;12. Advises upper management on minority, women, and DBE progress through quarterly reportingmeetings;13. Monitors compliance of sub-recipients; and14. Maintains the TPO’s links to bidders list and DBE directory. Appendix B Directory Link3.4. Section 26.27 – DBE Financial InstitutionsIt is the policy of the TPO to investigate the full extent of services offered by financial institutions ownedand controlled by socially and economically disadvantaged individuals in the community, to makereasonable efforts to use these institutions, and to encourage prime contractors on DOT-assistedcontracts to make use of these institutions. The TPO’s DBELO is responsible for identifying, locating, andrecruiting such organizations.1. The TPO re-evaluates the availability of DBE Financial Institutions annually.3.5. Section 26.29 – Prompt Payment MechanismsThe TPO requires that prime contractors comply with 49 CFR Part 26 following sub-sections:Enforcement MechanismsPrompt payment 26.29(a): The prime contractor agrees to pay each subcontractor under this primecontract for satisfactory performance of its contract no later than 15 days from the receipt of eachpayment the prime contract receives from the TPO. Any delays or postponement of payment from theabove referenced time frame may occur only for good cause following written approval of the TPO.Retainage 26.29(b): The prime contractor agrees to return retainage payments to each subcontractorwithin 15 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement fromthe above referenced time frame may occur only for good cause following written approval of the TPO.Prompt payment and Retainage applies to both DBE and non-DBE subcontractors.9

Disadvantaged Business Enterprise PolicyFY 2023-2025Monitoring MechanismsThe TPO follows monitoring and enforcement mechanisms to ensure prompt payment and retainageoccurs and is found in Appendix C of this program.3.6. Section 26.31 – DirectoryThe TPO utilizes the Florida Department of Transportation (FDOT) directory of certified DBE’s to identifyall firms eligible to participate as DBE’s. The directory is updated annually and at a minimum lists the firm’sname, address, phone number, website, email, and the type of work the firm has been certified to performas a DBE. The TPO draws certified vendors from this list. Appendix B Directory Link3.7. Section 26.33 – OverconcentrationThe TPO has not identified that overconcentration exists in the types of work that DBEs perform.3.8. Section 26.35 – Business Development ProgramsThe TPO has not established a business development program.3.9. Section 26.37 – Monitoring and Enforcement MechanismsThe TPO will take the following monitoring and enforcement mechanisms to ensure compliance with 49CFR Part 26.1. The TPO will bring to the attention of the DOT any false, fraudulent, or dishonest conduct inconnection with the program, so that DOT can take the steps (e.g., referral to the Department ofJustice for criminal prosecution, referral to the DOT Inspector General, action under suspensionand debarment or Program Fraud and Civil Penalties rules) provided in 26.109;2. The TPO will consider similar action under our own legal authorities, including responsibilitydeterminations in future contracts. Appendix C lists the regulation, provisions, and contractremedies available to us in the events of non-compliance with the DBE regulation by a participantin our procurement activities;3. The TPO has a monitoring and enforcement mechanism to verify that work committed to DBE’sat contract award is actually performed by the DBEs. This will be accomplished throughdocumented contracting reports and on-site monitoring. This will pertain to all contract awardswhich DBE’s are participating;4. The TPO keeps a running tally of actual payments to DBE firms for work committed to them at thetime of contract award.10

Disadvantaged Business Enterprise PolicyFY 2023-20253.10. Section 26.39 – Small Business ParticipationThe TPO has incorporated the follow non-discriminatory elements to its DBE program in order to facilitatecompetition on DOT assisted public works projects by small businesses. This applies to both DBE and nonDBE subcontractors.The TPO sees its mission to breakdown as many barriers as possible to DBE, MBE and WBE businessesbeing successful vendors to the TPO. The TPO’s program does not specifically cover Small BusinessEnterprises (SBEs) however; the TPO works daily to act as a liaison between the primes andsubcontractors, within the DBE, MBE, WBE as well as the SBE business communities while attempting todevelop mutually beneficial business relationships.The TPO shall make every effort towards unbundling large contracts to allow small businesses, includingDBEs to compete for smaller, more manageable contracts. For all contracts with DBE participation, theTPO shall require prime contractors to identify elements of a contract, or a specific subcontract that is ofa size that small businesses, including DBEs can reasonably perform.The TPO believes that disseminating contract information is critical in the effort to level the playing fieldand to provide DBEs and small businesses the opportunity to competitively participate in the procurementprocess. The TPO will be compiling an ongoing comprehensive list of DBEs and small businesses ready,willing and able to bid on our contracts. This will be a “living list” and there will be a constant proactiveeffort to add DBEs and small businesses. Every attempt will be made to identify small businesses in theminority community to encourage and assist them in the DBE certification process to ensure as many aspossible eligible DBEs are participating. As contracting opportunities become available on a contract andsubcontracting basis, The TPO will inform DBEs and small businesses and offer whatever assistance isneeded. Also were opportunities present the TPO encourages joint ventures between DBE, MBE, SBE andWBE firms on all contractual opportunities. The TPO will be readily available to address and satisfywhatever special assistance needs that arise.11

Disadvantaged Business Enterprise PolicyFY 2023-20254.Subpart C – Goals, Good Faith Efforts, and Counting4.1. Section 26.43 – Set-asides or QuotasThe TPO does not use set-asides or quotas in the administration of this DBE program.4.2. Section 26.45 – Overall Goals1. The TPO will receive a total of 16,617,361.00 in Federal Transit Administration (FTA) grants andassisted contracts for fiscal years 2023-2025. The funds will be used as )44111012)45321013)48421014)15)485111511210Amount of DOTfunds on project:ProjectCommercial and InstitutionalBuilding ConstructionElectrical Contractors and OtherWiring InstallationPlumbing, Heating and AirConditioning ContractorsComputer Terminal and OtherComputer PeripheralEquipment Mfg.Radio & TV Broadcasting andWireless CommunicationsEquipment Mfg.Letters for Sign ManufacturingAutomobile and Other MotorVehicle Merchant WholesalersFurniture MerchantWholesalersComputer & ComputerPeripherals and SoftwareMerchant WholesalersStationery and Office SuppliesMerchant WholesalersNew Car DealersOffice Supplies and StationeryStoresUsed Household and OfficeGoods MovingMixed Mode Transit SystemsSoftware Publishers12% of total DOTfunds (weight) 1,552,4040.0934 6,0390.0004 6,0390.0004 45,000.000.0027 24,000.000.0014 75,000.000.0045 1,500,000.000.0903 60,000.000.0036 31,500.000.0019 30,000.000.0018 200,000.000.0120 45,000.000.0027 7,5000.0005 11,328,004 282,628.000.68170.0170

Disadvantaged Business Enterprise PolicyFY mount of DOTfunds on project:ProjectInsurance Agencies andBrokeragesOffices of LawyersArchitectural ServicesEngineering ServicesMarketing Consulting ServicesAdvertising AgenciesSecurity Systems Services(except Locksmiths)Janitorial ServicesLandscaping ServicesTotal FTA-Assisted Contract Funds% of total DOTfunds (weight) 135,000.000.0081 69,000.00 30,195.00 205,323 479,619.00 280,1100.00420.00180.01240.02890.0169 60,000.000.0036 36,000.00 129,0000.00220.0078 16,617,361.0012. The TPO’s 2023-2025 goal is 2.32% for FTA assisted contracts. The fiscal years is for the followingperiod October 1, 2022, to September 30, 2025.3. Race-neutral breakout: 100%, Race-conscious: 0.00%The amount of FTA grants assisted contracts that the TPO expects for these fiscal years is 16,617,361.00.This means that the TPO has set a goal of expending 384,761.96 with DBE’s during this fiscal year.4.3. Section 26.47 – Goal Setting and Accountability/Methodology – See Appendix DProcessThe TPO recognizes the importance of public participation in the DBE process. Pursuant to its DBE plan,notice of proposed overall/project DBE Goal for the TPO is published each year, and its rationale forchanges to the goal is available for inspection during normal business hours. The TPO maintains dialoguesand communications with local minority groups, businesses, and organizations.1. ConsultationsThe TPO actively consults and interacts with DBE and minority-based organizations on a continualbasis. The TPO also seeks their opinion of our program, the effects of discrimination onopportunities for DBEs, and the TPO’s efforts to establish a level playing field for the participationof DBE’s.2. Publication of GoalThe TPO will publish notice of its proposed project/annual goal. The TPO will inform the publicthat the proposed goal and its rationale are available for inspection during normal business hours13

Disadvantaged Business Enterprise PolicyFY 2023-2025at the Bay County Transit Department’s Administrative Offices for 30 days following the date ofnotice and informing the public the TPO will accept comments on the goals for 45 days from thedate of notice. The public is instructed to communicate with the Bay County Transit ProgramAdministrator by email at Lamar Hobbs lhobbs@baycountyfl.gov or by phone (850) 248-8168.The TPO will post its proposed project/annual goal in the lobby of the Bay County Public Transit SystemAdministration Facility located at 919 Massalina Dr, Panama City, FL 32401.4.4. Section 26.49 – Transit Vehicle Manufacturers GoalsThe TPO requires each transit vehicle manufacturer, as a condition of being authorized to bid or proposeon FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements ofthis section. Alternatively, the TPO may, at its discretion and with FTA approval, establish projectspecific goals for DBE participation in the procurement of transit vehicles in lieu of the transit vehiclemanufacture complying with this element of the program.Transit Vehicle AwardsWithin 30 days of making a transit vehicle award, the TPO will report the name of the successful bidderand the total dollar value of the contract to FTA using the online Transit Vehicle Award Reporting FormOnly eligible TVMs may bid on FTA-assisted transit vehicle procurements. A copy of the Transit VehicleAward Reporting Form must be maintained in the vehicle file documenting the vehicle award. The DBELiaison Officer (DBELO) shall ensure accuracy and timeliness of the records prior to their submission.4.5. Section 26.51 – Breakout of Estimated Race-Neutral & RaceConsciousThe TPO will obtain 100% of the goal by race-neutral means and 0% by race-conscious efforts.1. Race-Neutral means to increase DBE participation. Includes but not necessarily limited to thefollowing:a. Arranging solicitation times for presentation of bids and pre-bid meetings that facilitateDBEs and other small firm’s participation;b. Encouraging prime contractors to subcontract portions of work that they might otherwiseperform with their own forces;c. Providing technical assistance and other project related services;d. Ensuring distribution of our DBE Directory through print and electronic means to the widestuniverse of potential prime contractors;The TPO will continue to monitor the effectiveness of the above efforts and will appropriately adjust thecomputation of race-neutral and race-conscious participation as needed to reflect the actual DBEparticipation and will keep track and report race-neutral and race-conscious participation separately.14

Disadvantaged Business Enterprise PolicyFY 2023-20254.6. Section 26.51 – Section GoalsThe TPO will use contract goals to meet any portion of the overall goal. The TPO does not project beingable to meet using race-neutral means. Contract goals are established so that, over the period to whichthe overall goal applies, they will cumulatively result in meeting any portion of our overall goal that is notprojected to be met through the use of race-neutral means.The TPO will establish contract goals only on those DOT-assisted contracts that have subcontractingpossibilities. The TPO need not establish a contract goal on every such contract, and the size of contractgoals will be adapted to the circumstances of each such contract (e.g., type and location of work,availability of DBEs to perform the particular type of work.)The TPO will express our contract goals as a percentage of total amounts of a DOT-assisted contract.4.7. Section 26.53 – Good Faith Efforts ProceduresAward of Contracts with a DBE Contract Goal (a)In those instances where a contract-specific DBE goal is included in a procurement/solicitation, the TPOwill not award the contract to a bidder who does not either: (1) meet the contract goal with verified,countable DBE participation; or (2) documents it has made adequate good faith efforts to meet the DBEcontract goal, even though it was unable to do so. It is the obligation of the bidder to demonstrate it hasmade sufficient good faith efforts prior to submission of its bid.Evaluation of Good Faith Efforts (a) & (c)The DBELO is responsible for determining whether a bidder/offeror who has not met the contract goalhas documented sufficient good faith efforts to be regarded as responsiveness.The process used to determine whether good faith efforts have been made by a bidder are as follows:When a contract goal is not met, the DBELO shall conduct the initial review of good faith effortssubmitted by the contractor. The DBELO shall determine whether the contractor has performed thequality, quantity, and intensity of efforts that demonstrate a reasonably active and aggressive attemptto meet the contract goal in accordance with 49 CFR Part 26. The contractor bears the responsibilityof demonstrating that it met the contract goal, or if the contract goal was not met, by

Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 2.32 %. A separate contract goal of _% has been established for this procurement.