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7 The ACDBE Program
Pages 104-120

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From page 104...
... • Determining availability of ready, willing, and able participants • Establishing race-neutral and race-conscious participation goals • Outreach activities • Methods for achieving ACDBE participation through contractual arrangements • Evaluating joint venture and subtenant agreements • Compliance monitoring and enforcement • Attributes of successful ACDBE programs • Measuring performance • Reporting achievements • Historical development and business trends • Barriers to ACDBE participation • Program audits • Mentoring In this chapter, references to the appropriate section under Title 49 of the Code of Federal Regulations (CFR) or other legal authority are included so that the reader may easily find additional information or clarification.
From page 105...
... The concessionaire or contractor agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include the statements in further agreements. If an airport operator fails to comply with any requirement of 49 CFR Part 23, it may be subject to formal enforcement action under 49 CFR Part 26, §26.103, or 49 CFR 26, §26.105, or to appropriate program sanctions, such as the suspension or termination of federal funds or refusal to approve projects, grants, or contracts until deficiencies are remedied.
From page 106...
... ; 49 CFR Part 23, §23.3) : • Exploring all available options to meet an airport's ACDBE goals, to the maximum extent practicable, through direct ownership arrangements with ACDBEs.
From page 107...
... • Documenting how direct contracting portions of the concession contract or partnering or joint venture opportunities were selected to solicit ACDBE participation and how the selection was made in order to increase the likelihood of meeting an airport's ACDBE goals. • Providing information to ACDBEs to solicit their bids in a timely manner, such as adequate information about the concession concept, space allocation being considered for ACDBE agreements, and general requirements of the contract to enable the ACDBE to supply a complete and competitive bid.
From page 108...
... Others include any measure the airport operator implements solely for ACDBEs, such as a bid conference or training where other businesses are not invited, and awarding additional points during the evaluation process for a firm's good faith efforts to utilize ACDBEs. 108 Resource Manual for Airport In-Terminal Concessions Concession Local Regional National Food and beverage X X X News and gifts X Specialty retail X X Duty free X Advertising X ATMs X Foreign exchange X Hair salon/barber shop X Shoe shine X X Nail care X Spa/massage X X Business centers X Baggage carts/lockers X *
From page 109...
... " If the DBE liaison officer is not keeping a directory of interested ACDBEs, he/she should begin one immediately. Keeping a list of all businesses that reach out to the airport operator to inquire about concession opportunities and that the airport operator's staff responsible for the concessions program and ACDBE program identify through outreach activities is very important for identifying interested firms, where they are located, and the types of goods and services they offer.
From page 110...
... Each community should have sources of information about businesses that could be interested in airport concession opportunities. Getting and staying connected to the community is priceless to the airport operator and interested businesses -- not just when new opportunities are available.
From page 111...
... The plan begins with a commitment to the purpose of the ACDBE Program. A commitment to the purpose of the ACDBE Program means a commitment at all organizational levels, starting at the top.
From page 112...
... • Purchase of goods and services. While 49 CFR Part 23 requires airport operators and concessionaires to make good faith efforts to explore all available options to achieve compliance with ACDBE goals through direct ownership arrangements, the purchase of goods and services by the airport operator or concessionaires and management contractors from certified ACDBEs can count toward participation goals.
From page 113...
... Some aspects of the joint venture agreement that the airport operator must review include organization of the venture, roles and responsibilities of the partners in the venture, as well as the ACDBE's capital investment, ownership, operation, and managerial control. Even though joint ventures are often complex, and determining how to credit the ACDBE's participation can be challenging, it is imperative that the airport operator determine how the participation of the ACDBE is counted toward its established ACDBE goals, consistent with the regulations and criteria set forth in FAA guidance.
From page 114...
... A critical ingredient of a successful ACDBE Program is achieving the commitment of the organization's leadership to the objectives of the program, which commitment spans across the entire organization. In addition, the objectives of the ACDBE Program should be incorporated into every function that affects the concession program, including the following: • Outreach • Management structure • Concession planning and design • Selection of concession mix • Solicitation of bids and proposals 114 Resource Manual for Airport In-Terminal Concessions
From page 115...
... Measuring the performance of this aspect of the airport's ACDBE plan would include an assessment of whether outreach initiatives have achieved the desired objective of inclusion of ACDBEs in the concession program, and, if not, what should be changed and how. Measuring the performance of the monitoring and compliance component of the airport's ACDBE plan requires adequate numbers and training of the staff assigned to handle the various aspects of these functions, which can include on-site reviews, monitoring timely payments to ACDBEs, reporting achievements to the FAA, and monitoring contract performance and compliance against contract provisions.
From page 116...
... Measuring performance not only is a mechanism for airport staff to be responsive to stakeholders, it helps the airport execute a successful, compliant ACDBE Program. 7.11 Reporting Achievements The purpose and objectives of the airport operator's ACDBE plan and the intended achievements should be communicated during the airport operator's outreach efforts, in solicitation documents, and in contract documents to achieve the levels of ACDBE participation that the airport operator expects.
From page 117...
... The ACDBE Program 117 Figure 7-2. Uniform report of ACDBE participation.
From page 118...
... are some of the internal barriers to ACDBE participation in airport concession opportunities. These are barriers that airport operators have an opportunity and an obligation to address in developing and administering their ACDBE program and concession program.
From page 119...
... Airport operators that do not implement their FAA-approved ACDBE Program plan could be found in noncompliance with 49 CFR Part 23 and become ineligible to receive FAA financial assistance. 7.14 Mentoring Mentor/protégé relationships have achieved some level of success in the concession arena -- for example, the mentor/protégé model in a program at Dallas/Fort Worth International Airport, overseen by the Marketing Department, and the mentor/protégé relationship operating in the concession environment at Portland International Airport.
From page 120...
... There continues to be an opportunity to address these issues so that capacity building of ACDBEs, maintaining ACDBE certification, and counting participation of ACDBEs in mentor/protégé relationships can be achieved. Airport operators seeking to implement business development programs or mentor/protégé programs in their ACDBE programs must use the U.S.


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