Office of Civil Rights - Equity Programs and Certification Programs

Economic Opportunity Policies and Programs (EOPP) provides administrative functions related to outreach, certification of firms for the District’s equity programs, managing data collection, policy analysis, data analysis, goal setting and the District’s Disparity Study. 

EOPP is responsible for the development of the District’s equity programs which includes the ongoing development of the District’s Non-Discrimination in Subcontracting Program, DBE program and small business programs. Additionally, equity initiatives such as the Small Business Opportunity Program support and enhance the District’s efforts to include small, minority and women-owned businesses on BART contracts and removes obstacles to their participation by providing technical support and training.

Key links to Federal Funded Program

BART 2016 Disparity Study

For questions regarding the Study, please contact OCR at 510-464-7538.

Disadvantaged Business Enterprise Program - Federal

DBE Certification is a statewide program and is intended for companies wishing to work on federally funded (Department of Transportation) contracts. If your firm is already certified by a California Unified Certification Program (CUCP) certifying agency, BART will recognize your DBE certification.

Effective March 1, 2024, the statutory gross receipts cap for certified DBEs specified in 49 CFR §26.65 has been adjusted for inflation from $30.40 million to $30.72 million. This adjustment applies to the DBE program only, therefore, is also applicable to firms who apply for the District’s Small Business Entity (SBE) certification.

What is a DBE?

A Disadvantage Business Enterprise (DBE) is a for-profit, small business concern: 1) that is at least fifty-one percent (51%) owned by one or more individuals who are socially and economically disadvantaged or, in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more socially and economically disadvantaged individuals; and 2) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. The firm can only be controlled by one or more individuals whose Personal Net Worth (PNW) does not exceed $2.047 million.

Should I apply for DBE Certification?

You will have to meet specific eligibility requirements to be certified as an SBE. Once you are certified you will be eligible to receive credit as an SBE on Federally funded contracts awarded by BART. 

  • Is the majority owner(s) both socially and economically disadvantage? 
  • Is your firm at least 51% owned by one or more individual(s) who also controls the firm? 
  • Are the owner(s) U.S. citizen(s) or lawfully admitted permanent resident(s) of the U.S.? 
  • Is your firm a small business that meets the Small Business Administration’s (SBA’s) size standard and does not exceed $30.72 million in average annual gross receipts over the 3 years? 
  • Is your firm organized as a for-profit business? 

If you answered “Yes” to all the questions above, you may be eligible to participate in the DBE Program.

 

Small Business Entity and Micro Small Business Entity - Federal

SBE firms under the District’s Small Business Element of its DBE Program also include firms certified by the California Unified Certification Program (CUCP) as a Disadvantaged Business Enterprise (DBE). Also, BART certified MSBE firms are automatically qualified as SBEs. Certified SBEs, and MSBEs can be found at Certified vendor directory.

What is a SBE?

A Small Business Entity (SBE) is a for-profit firm at least 51% owned and controlled by one or more individuals whose Personal Net Worth (PNW) does not exceed $2.047 million. The firm’s average annual gross receipts (including its affiliates) over the prior three years must not exceed the size standard established by the Small Business Administration for the types of work for which a firm is seeking SBE certification. In any event, the firm’s average annual gross receipts for its three prior years must not exceed $30.72 million.

Should I apply for SBE Certification?

You will have to meet specific eligibility requirements to be certified as an SBE. Once you are certified you will be eligible to receive credit as an SBE on Federally funded contracts awarded by BART. 

  • Is your firm at least 51% owned by one or more individual(s) who also controls the firm? 
  • Are the owner(s) U.S. citizen(s) or lawfully admitted permanent resident(s) of the U.S.? 
  • Is your firm a small business that meets the Small Business Administration’s (SBA’s) size standard and does not exceed $30.72 million in average annual gross receipts over the 3 years? 
  • Is your firm organized as a for-profit business? 

If you answered “Yes” to all the questions above, you may be eligible to participate in the BART Small Business Entity (SBE) Program.

Non-Discrimination Program for Subcontracting - Non-Federal

The Non-Discrimination Program for Subcontracting on Non-Federally Funded Contracts is to ensure that contractors who contract with BART do not discriminate or give a preference in the award of subcontracts on the basis of race, national origin, color, ethnicity, or gender. This program applies only to BART's non-federally funded contracts.

Minority of Women Business Enterprise

What is a M/WBE?

A Minority-Owned Business Enterprise (MBE) must be at least 51 percent owned by one or more minority individuals. In the case of a corporation, such individuals must own at least 51 percent of each class of voting stock outstanding and at least 51 percent of the aggregate of all stock outstanding. In the case of a partnership, at least 51 percent of each class of partnership interest must be owned by minority individuals and must be reflected in the firm's partnership agreement. In the case of a limited liability company at least 51 percent of each member interest must be owned by minority individuals.

A Women-Owned Business Enterprises (WBE) must be at least 51 percent owned by one or more women. In the case of a corporation, such individuals must own at least 51 percent of each class of voting stock outstanding and at least 51 percent of the aggregate of all stock outstanding. In the case of a partnership, at least 51 percent of each class of partnership interest must be owned by women and must be reflected in the firm's partnership agreement In the case of a limited liability company, at least 51 percent of each class of member interest must be owned by women.

Should I apply for M/WBE Certification?

You will have to meet specific eligibility requirements to be certified as a Minority/ Women Business Entity.

ALL APPLICANTS

  1. Proof of U.S. citizenship or lawfully admitted permanent residents for all owners and officers of your firm.
  2. Proof of ethnicity for all minority owners and officers of your firm.
  3. Work experience resumes (that include places of ownership/employment with corresponding dates), for all owners and officers of your firm.
  4. Local business tax registration, business license, Fictitious Business Name Statement, and licenses such as a contractor’s license, architectural license, or engineer’s license. 
  5. Other documents as required.

If you answered “Yes” to all the questions above, you may be eligible to participate in the Non-discrimination Program.

 

Small Business Program - Non-Federal

The purpose of the SB Program is to encourage and facilitate full and equitable participation by Small Businesses in BART construction, procurement, and services Contracts and Agreements that are awarded through a competitive process and are financed solely with local and state funds (“non-federal contracts”).

What is a Small Business 

A Small Business is a firm that is certified as a Small Business by the State of California, Department of General Services. A Small Business is independently owned and operated with its principal place of business located in California. When bidding for contracts, these SBs may receive a preference on Bids, capped at a certain threshold.

Should I apply for SB Certification?

In order for a small business to be eligible for certification, the small business must meet the following requirements:

  • Be independently owned and operated
  • Not dominant in field of operation
  • Principal office located in California
  • Owners (officers, if a corporation) domiciled in California; and,
  • Including affiliates, be either,
    • A business with 100 or fewer employees; an average annual gross receipts of $15 million or less, over the last three tax years;
    • A manufacturer* with 100 or fewer employees; or,
    • A micro business – a small business will automatically be designated as a micro business, if gross annual receipts are $5,000,000 or less; or the small business is a manufacturer with 25 or fewer employees.

Local Small Business 

Local Small Business is component of BART’s Small Business Program. Verified LSBs may receive a bid preference when bidding on Measure RR funded contracts. To learn more, please see the Small Business Program for Non-Federal Funded Contracts.

What is a LSB?

Local Small Business (LSB) is a firm that is certified as a Small Business by the State of California, Department of General Services, found in the DGS database for SBs at www.dgs.ca.gov. The principal place of business is located in one of the three counties of Alameda, Contra Costa, or San Francisco.

Should I apply for LSB Verification?

You will have to meet specific eligibility requirements to be verified as an LSB. Upon verification, you will be eligible to count toward as an LSB on Measure RR funded contracts awarded by BART.

  • Is your firm certified under Department of General Services? 
  • Is the firm’s primary place of business located in one of the three counties of Alameda, Contra Costa, or San Francisco?

If you answered “Yes” to both the questions above, you may be eligible to participate in the BART Small Business Program (SB Program)

 

Contact us:

For certification related questions, please contact Hoa Sin, Sr. Program Manager at [email protected]  or call (510) 464-7538 or Jotinesh Ram, Sr Admin Analyst @ (510) 987-5211