If you are an FTA recipient, you must require in your DBE program that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, certify that it has complied with the DBE program requirements. You do not include FTA assistance used in transit vehicle procurements in the base amount from which your overall goal is calculated.
Under the U.S. DOT DBE regulations, a transit vehicle manufacturer means any manufacturer whose primary business purpose is to build vehicles specifically for public mass transportation. Such vehicles include, but are not limited to, buses, rail cars, trolleys, ferries and vehicles manufactured specifically for paratransit purposes. The definition includes producers of vehicles that receive post-production alterations or retrofitting to be used for public transportation purposes. Businesses that manufacture vehicles solely for personal use and for sale "off the lot" are not considered transit vehicle manufacturers. (49 CFR 26.5)
Further, to the extent that a vehicle remanufacturer is responding to a solicitation for new or remanufactured vehicles with a vehicle to which it has provided post-production alterations or retrofitting (e.g., replacing major components such as an engine to provide a "like new" vehicle), the vehicle remanufacturer is considered a transit vehicle manufacturer.
Only those transit vehicle manufacturers listed on FTA's eligible TVMs list, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid.
A TVM's failure to implement the DBE program in the manner prescribed by 49 CFR Part 26 may result in removal from FTA's certified TVMs list and the inability to bid on future FTA-assisted vehicle procurements.
An FTA recipient's failure to comply with the TVM DBE provisions may result in formal enforcement action or appropriate sanctions as determined by FTA (e.g., FTA declining to participate in the vehicle procurement).
To remain eligible, TVMs must submit an annual DBE goal methodology to FTA by August 1 of each year. Further, TVMs must submit the Uniform Report of DBE Awards/Commitments and Payments on June 1 and December 1 of each fiscal year. Access a copy of the Uniform Reporting Form, form instructions or FTA guidance on completing the ongoing payments portion of the Uniform Report. Reports must be submitted via email to FTA at FTATVMSubmissions@dot.gov.
TVM training materials can be found on the Civil Rights Training Materials webpage.
Transit Vehicle Award Reports
The 2014 DBE regulation updates require FTA recipients to report transit vehicle procurement awards. Effective November 2014, FTA recipients are required to submit, within 30 days of making an award, the name of the successful bidder and the total dollar value of the contract. Remember, only eligible TVMs may bid on FTA-assisted transit vehicle procurements. Recipients must use the online Transit Vehicle Award Reporting Form to report the required information on transit vehicle procurement awards.