California Department of Transportation
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 LAPM Chapter 9: Civil Rights and Disadvantaged Business Enterprises

  1. A DBE is defined as "a for profit small business that is at least 33 percent owned and controlled by one or more socially and economically disadvantaged individuals, who are U.S. citizens."
    2. True

    False
  2. The DLAE will review at least one contract per year for each local agency with an active construction contract, including DBE compliance.
    3. True

    False
  3. A local agency is responsible for the development of a DBE program to be submitted to the DLAE for approval.
    4. True

    False
  4. Religious organizations, Indian tribes and certain exclusive private clubs are exempt from ADA requirements.
    5. True

    False
  5. A local agency may adopt the model DBE program, modify the model program, or develop its own program.
    6. True

    False
  6. Based on consultations with local minority, women's, and general contractor groups, and other community organizations; a local agency shall develop overall goal information (amount of overall goal, method to calculate the goal, and breakout of estimated race neutral and race conscious participation), and submit to DLAE by June 1st for comments.
    7. True

    False
  7. The local agency must incorporate the DLAE's comments into its DBE Program, methodology and goal, and then publish a public notice of the proposed DBE goals and request public comment.
    8. True

    False
  8. The local agency must then resubmit the DBE goal information and public comments to the DLAE for review and approval. Federal authorizations for the new FY cannot be made until the new goal is approved.
    9. True

    False
  9. Local agencies must establish contract goals to meet any portion of their overall goal that they do not expect to meet using race neutral means.
    10. True

    False
  10. A race conscious measure is one that focuses on assisting only DBE contractors. The primary example is the use of a DBE goal in a contract.
    11. True

    False
  11. Local agencies must establish contract goals to meet any portion of their overall goal that they do not expect to meet using race neutral means.
    12. True

    False
  12. Local agencies may use contract goals only on those DOT assisted contracts that have subcontracting, supplier or trucking possibilities.
    13. True

    False
  13. Local agencies are required to set the same contract goal for all of their DOT assisted contracts.
    14. True

    False
  14. A local agency must increase or decrease its contract goals throughout the year in order to achieve its overall DBE goal as closely as possible.
    15. True

    False
  15. The local agency must review for completeness and accuracy the contractor's report of utilization of Disadvantaged Business Enterprises.
    16. True

    False
  16. A local agency may require that a bidder meet the DBE contract goal in order to be awarded the contract.
    17. True

    False
  17. The local agency may not allow a contractor to terminate a DBE subcontractor for convenience.
    18. True

    False
  18. The contractor is required to explain in writing why the names of DBE subcontractors, work items performed by them, or dollar amounts paid to them differ from what was submitted with the bid.
    19. True

    False
  19. The local agency must require a contractor to make a good faith effort to replace a DBE with another certified DBE to the extent needed to meet a contract goal.
    20. True

    False
  20. The efforts of the bidder to meet the contract DBE goal should be those that one could reasonably expect to take if the bidder were actively and aggressively trying to obtain DBE participation.
    21. True

    False
  21. An agency's determination concerning the sufficiency of a firm's good faith efforts is not a judgement call.
    22. True

    False
  22. Which of the following are types of action that could be considered as part of a bidder's good faith effort (indicate all that apply):
    23. Soliciting through all reasonable and available means.

    Negotiating in good faith with interested DBEs and documenting same.

    Selecting portions of the work for subcontracts that would increase the likelihood of DBE participation.

    Providing interested DBEs with adequate information in a timely manner.

    Not rejecting DBEs as unqualified without sound reasons.

    Assisting DBEs in obtaining bonding, lines of credit, or insurance.

  23. A prime contractor is required to accept higher price quotes from DBEs.
    24. True

    False
  24. Each proposer for a design-build contract is required to submit a DBE performance plan as part of a responsive proposal.
    25. True

    False
  25. A design-build contractor is required to submit progress reports with the final invoice that show the contract goals are being met, or that good faith efforts are being made.
    26. True

    False
  26. An agency should consider and seek resolution of any civil rights complaints it has received with regard to the choice of a highway location.
    27. True

    False
  27. An agency should employ minority staff to assist in reviewing highway location alternatives and assessing impacts.
    28. True

    False
  28. The racial character of the area through which alternate highway alignments pass need not be considered.
    29. True

    False
  29. The social and economic character of the area through which alternate highway alignments pass need not be considered.
    30. True

    False

 LAPM Chapter 10: Consultant Selection

  1. The provisions of the Brooks Bill (Federal) requires local agencies to award federally funded engineering and design contracts on the basis of which of the following?
    2. Fair and open competitive negotiations

    Professional qualifications

    Demonstrated competence

    Cost

  2. California law requires selection of Architectural and Engineering (A&E) consultants on the basis of demonstrated competence and professional qualifications. As with the Federal Brooks Act, cost may not be a factor in selecting a firm prior to entering price negotiations.
    3. True

    False
  3. Consultants who are not A&E consultants may be selected based on cost.
    4. True

    False
  4. Consultant contracts in excess of $100,000 require a pre-award audit.
    5. True

    False
  5. A pre-award audit, if required, must be completed and questions it raises resolved, before the consultant contract is executed.
    6. True

    False
  6. An independent cost estimate for consultant services which will exceed $100,000 must be prepared by the agency in advance, to ensure that consultant services are obtained at a fair and reasonable price.
    7. True

    False
  7. The independent cost estimate for consultant work should be made available to the public.
    8. True

    False
  8. Which of the following are acceptable methods of payment for consultant contracts?
    9. Lump sum.

    Specific rates of compensation.

    Cost per unit of work.

    Actual cost plus fixed fee.

  9. Which of the following are acceptable methods for selecting a consultant?
    10. One-step request for proposals (RFP)

    One-step request for qualifications (RFQ)

    Two-step request for qualifications & proposals (FRQ/RFP)

    Non-competitive negotiated agreement (sole source)

    Based on the Mayor's recommendation

  10. The one-step RFP selection method may be used when the service needed is highly specialized and there are few qualified consultants.
    11. True

    False
  11. The one step RFQ selection is the most common method used for typical services where there are many available consultants.
    12. True

    False
  12. Non-competitive negotiated agreements may be used under which of the following conditions:
    13. Only one firm is qualified to do the work.

    An emergency exists which does not allow for the usual methods.

    Competition has been determined to be inadequate.

    The firm has worked for the agency before.

  13. Contracts costing less than $100,000 may be handled through informal procurement.
    14. True

    False
  14. A consultant selection committee should have at least two members.
    15. True

    False
  15. The agency contract administrator sets the consultant selection criteria and their relative weights.
    16. True

    False
  16. Consultant selection criteria and their relative weights must be included in the RFP.
    17. True

    False
  17. Information required in an RFP would include which of the following:
    18. Despription of Project

    Scope of work

    Schedule of work

    Approximate cost

    Proposal format

    Selection method and criteria

  18. Items typically required in a technical proposal include:
    19. Organization chart

    Staff resumes

    Staff pay rates

    Work plan and schedule

    Name of project manager

    References

  19. An agency may NOT respond to verbal questions from prospective consultants, but must receive questions in writing and respond by mail to all that have received an RFP, including the firm asking the question.
    20. True

    False
  20. If a proposer's conference is to be held, the exact time and place must be specified in a newspaper ad.
    21. True

    False
  21. A proposal is considered nonresponsive and is rejected without evaluation under which of the following circumstances:
    22. The proposal is submitted late

    All required information is not included in the proposal

    The proposal is submitted to the wrong location

    Not enough copies of the proposal are submitted

  22. A consultant may submit additional information on a proposal after the due date.
    23. True

    False
  23. Which of the following statements are correct regarding consultant cost proposals?
    24. All consultants are requested to submit cost proposals after the evaluation of technical proposals is complete.

    After the evaluation of technical proposals, the top-ranked consultant is requested to submit a cost proposal.

    If an agreement cannot be reached with the top ranked consultant, the next highest ranking consultant is then requested to submit a cost proposal.

    In circumstances where time is a critical factor, all consultants on a short list can be requested to submit a cost proposal.

  24. In the One-Step RFQ method, the selection committee establishes a short list of the highest qualified consultants and interviews the top one.
    25. True

    False
  25. In the One-Step RFQ method, interview questions are to be prepared in advance, and may be asked of all the consultants, or may relate to a particular consultant's submittals.
    26. True

    False
  26. The Two-Step RFQ/RFP method is recommended only when the work is very complex or of an unusual nature.
    27. True

    False
  27. Exhibits 10-F, "Certification of Consultant", and 10-G, "Certification of Local Agency", must be completed and signed after execution of an agreement with a consultant.
    28. True

    False
  28. Written agreement is required for modification of the consultant contract, and must be approved and funded by the agency prior to performance of the work.
    29. True

    False
  29. When a consultant is used for construction inspection, primary responsibility for general supervision of the construction still remains with the agency's full time, responsible in-charge employee.
    30. True

    False