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12 june 2015 FOGHORN FOGHORNFOCUS operations maintenance I n June 2014 U.S. Transportation Secretary Anthony Foxx highlighted the significant contribution of passenger ferries to our growing economy when announcing the award and distribution of grant funds for passenger ferry investments. Passenger ferries play an important role in our nations transportation network by connecting people with the jobs and services they need to reach across the river the bay and local waterways said Secretary Foxx. Through the Federal Transit Administration FTA alone the Department of Transportation DOT has distributed approximately Shipyards and the Disadvantaged Business Enterprise Program By Britney Berry Jennifer Riess and Janelle Hinton Federal Transit Administration 60 million for passenger ferry projects to recipients i.e. transit agencies and state departments of transportation throughout the United States and selected territories. DOT encourages PVAmembers especially shipyards to take advantage of the opportunity to participate on DOT-funded ferry projects. If youre interested in partici- pating you will need to know the DOT Disadvantaged Business Enterprise DBE program requirements. They are found in Part 26 of title 49 of the Code of Federal Regulations which can be accessed at the website. The DBE program seeks to ensure nondiscrimina- tion in the award and administration of DOT-assisted contracts. In effect for over 20 years this program helps to highlight and make known to small minority- and women-owned businesses federally funded contracting opportunities including DOT vehicle and ferry procure- ments. These small businesses have historically served as both first- and second-tier suppliers on DOT-assisted vehicle contracts. The DBE regulations that most directly impact the passenger ferry industry are those concerning transit vehicle manufacturers TVMs codified at 49 C.F.R. 26.5 and 26.49. Following the adoption of the new DOT DBE Rule in November 2014 TVMs are now defined as any manufacturer whose primary business purpose is to manufacture vehicles specifically built for public mass transportation. Such vehicles include but are not limited to buses rail cars trolleys and ferries . . . 49 C.F.R. 26.5 emphasis added. Land-use vehicle manufacturers that assemble transit vehicles for public use and anticipate bidding on FTA-assisted vehicle contracts are subject to the DBE requirements as TVMs. Likewise any shipyard or other entity that builds ferries for public transit and wishes to bid on DOT-assisted ferry procurements must also follow the DBE requirements. In essence a shipyard or other TVM must set a goal for contracting with DBEs and must take affirmative steps to reach out to DBEs that may be possible subcontractors. The DBE program requirements provide several options to ease compliance. As a first option the shipyard or other ferry manufacturing entity would submit a DBE goal percentage and program plan to FTA before bidding on the FTA-funded ferry contract. The goal rep-