FEDERAL-AID POLICY GUIDE
December 9, 1991, Transmittal 1

NS 23 CFR 230B

OPI: HNG-22/HCR-30

1. IMPLEMENTATION OF SUPPORTIVE SERVICES (23 CFR 230.204)

   1. Supportive services funds allocated to the States shall not be used to: provide bonus payments to supportive services contractors.

   2. 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.

   3. 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.

   4. 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.

   5. 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.

   6. 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.

   7. 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.

2. MONITORING SUPPORTIVE SERVICES (23 CFR 230.206)

   1. 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.

   2. 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.

3. 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.

4. 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.

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