Black Women Contractors Request House of Representative Minority Leader Congressman Hakeem Jeffries to Demand Racial Equity in US DOT Federal Contracting Awards
WASHINGTON, D.C. – RealEstateRama – Ann McNeill, Founder and Chair, National Association of Black Women in Construction (NABWIC), authored a letter to the House of Representatives Minority Leader, Congressman Hakeem Jeffries to demand mandatory, equitable contracting goals in US DOT surface transportation contract awards.
The request was made to guarantee the inclusion of historically, disadvantaged business enterprises (DBEs) as mandated in President Biden’s Executive Order 13985 Advancing Racial Equity Through Federal Contracting.
The US DOT Disadvantaged Business Enterprise (DBE) program was reauthorized by Congress most recently in the Infrastructure Investment and Jobs Act, Pub. L. 117–58 November 15, 2021, 135 Stat. 429 (23 U.S.C. 101 note, also known as the Bipartisan Infrastructure Law (BIL).
The Act describes Congress’ findings regarding the continued need for the DBE program due to the discrimination and related barriers that pose significant obstacles for minority and women-owned businesses seeking federally assisted surface transportation work.
However, in Section 11101 (e) (3) of the Bipartisan Infrastructure Law, Congress provides that the DBE Program applies to the amounts made available for any program under Division A (other than section 14004), division C and 23 U.S.C. This approval is in blatant, direct public policy opposition to US DOT DBE Title 49, Parts 23 and 26 of the Code of Federal Regulations (C.F.R.).
The above Bipartisan Congressional approval, specifically targets the sole exclusion of a class of disadvantaged small businesses, already recognized by Congress’ approval of US DOT DBE Title 49, Parts 23 and 26 of the Code of Federal Regulations (C.F.R.) as discriminated against in US DOT surface transportation work contract awards.
Tina M. White, NABWIC, Chief Government Affairs Liaison said, “The continuation of the Congressional Bipartisan exclusion of mandated DBE goals, means a class of small businesses, recognized as recent as November 15, 2021 as being discriminated against past and present, will continue to be unlawfully handcuffed from benefiting and creating wealth from $13.1 billion appropriated for US DOT-Federal Highway Administration (FHWA) surface transportation work in simultaneous parity with non-disadvantaged businesses.”
In order to achieve US DOT-FHWA’s long-term goals the equitable deployment of electric vehicles infrastructure is required. Disconcerting, the Bipartisan Congressional intentional exclusion of Disadvantaged Business Enterprise (DBE) mandated goals for Bipartisan Infrastructure Law $ 5 billion National Electric Vehicles Infrastructure (NEVI) Programs, $2.5 billion Discretionary Charging and Fueling Infrastructure Grant Programs and $5.6 billion Low and No Emission Transit Bus Programs funded projects, egregiously discriminates and violates US DOT Title 49, Parts 23 and 26 of the Code of Federal Regulations (C.F.R.) Title VI of the Civil Rights Act of 1964.
Ann McNeil, NABWIC, Chair and Founder said, “The Bipartisan Congressional, intentional absence of mandated DBE goals in US DOT’s funding is in public policy opposition with President Biden’s E.O. 13985 Advancing Racial Equity Through Federal Contracting. And the failure to established significant mandatory DBE goals on federal awarded contracts will continue to sustain, economical discriminatory harm to disadvantaged small businesses.”
Further, the alarming absence of DBE equitable contracting goals, violates the Civil Rights Act of 1964, which guarantees, “that no person shall on the grounds of race, color or national origin be excluded from participation, denied the benefits of, or be subjected to discrimination in any program, activity or service provided or funded by the federal government,” as stated to Congressman Jefferies in the March 13, 2024 letter.
White said, “It is perplexing that the Black Congressional Congress (CBC) did not sound the alarm before the Bipartisan Infrastructure and Jobs Acts and Inflation Reduction Act’s billions of dollars of funding was approved; because the exclusion of generational wealth creation for disadvantaged business enterprises (DBEs) in simultaneous parity with non-disadvantaged businesses ; was Congressional Bipartisan approval not just extreme, right winged, Republicans staunchly opposed to equitable wealth building for Black Americans through federal contracting.”
To date, House of Representative Minority Leader Congressman Hakeem Jeffries has not responded to NABWIC’s request to meet to discuss equitable inclusions for disadvantaged business enterprises (DBEs) in US DOT’s $13.1 billion surface transportation contracting.
CONTACT:
Tina M. White, National Association of Black Women In Construction (NABWIC), Chief Government Affairs Liaison
Phone: 561-323-8637
Email: