Office of Civil Rights - Small Business and Certification Programs

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

EOPP is responsible for the development and maintenance of the District’s small business programs and other initiatives that promote small business participation through technical assistance and training. EOPP works to eliminate barriers and expand opportunities for these firms to participate in BART contract. 

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 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.

 

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