Social Responsibility Division Programs & Policies
Non-Discrimination and Small Local Business Utilization Policy (NDSLBUP)
On October 7, 1997, the Board of Port Commissioners adopted the Non-Discrimination and Small Local Business Utilization Policy. The intent of this policy is to ensure non-discrimination and maximize utilization of small and local businesses in Port public works and goods and services contracts. The NDSLBUP provides preference points for local, small and very small businesses bidding on Port contracts; set aside contracts for small businesses; and facilitates technical assistance to ensure equitable access to Port contracting opportunities. Additionally, the Port sponsors certain technical assistance and outreach programs in furtherance of this overall goal.
Non-Discrimination and Small Local Business Utilization Policy for Alternative Project Delivery Approaches (APDA)
On June 18, 2002, the Board of Port Commissioners approved the APDA as an enhancement of the Non-Discrimination and Small Local Business Utilization Policy for non traditional non typical projects. This collaborative policy introduced new strategies for facilitating local and small business participation when the project and specifications are not sufficiently defined to allow bidders to identify their subcontractors, suppliers, or sub-consultants, at the time of bid submission (e.g., alternative project delivery methods).
Certification of local businesses for applying preference points under the NDSLBUP.
- Streamlined certification process.
- More than 600 local businesses in SRD’s database.
- Public interface and web-based access
Disadvantaged Business Enterprise (DBE) Program
The United States Department of Transportation (US DOT), administers airport improvement and maritime grant funds through the Federal Aviation Administration to airports and Maritime Administration (MARAD) to ports. As a recipient of federal grant funds for the Airport Improvement Program (AIP) and MARAD for port projects, the Port is responsible for all contractual matters, including the administration of grant assurance requirements. One of the grant assurances requires the Port to implement a US DOT-approved Disadvantaged Business Enterprise (DBE) program in compliance with 49 Code of Federal Regulations Part 26 (49 CFR Part 26) which not only ensures non-discrimination but also creates a level playing field on which DBEs can compete fairly. Under this requirement, the Port must develop and implement a DBE Program Plan, along with a Goal and Methodology Report (GMR), which specifically addresses the proposed level of DBE participation under grant funding.
Airport Concessions Disadvantaged Business Enterprise Program (ACDBE)
The Port of Oakland is committed to a Program for the participation of Airport Concession Disadvantaged Business Enterprises (“ACDBEs”) in airport concession related contracting opportunities in accordance with 49 Code of Federal Regulations Part 23, effective April 22, 2005, as may be amended. It is the policy of the Port to ensure non-discrimination on the basis of race, color, sex or national origin in the award and administration of its concession related contracts. It is the intention of the Port to create a level playing field on which ACDBEs can compete fairly for contracting opportunities relating to the Port’s concession activities.
How To Become State DBE/ACDBE Certified
The Port of Oakland is signatory to the California Unified Certification Program under the US Department of Transportation, 49 CFR 23 and 26. As such the Port does not certify Disadvantaged Business Enterprises (DBEs) or Airport Concession Business Enterprises (ACDBEs).
The State of California website provides a statewide DBE/ACDBE database. Click here to download an application for DBE/ACDBE Certification.
For information on where to send the completed application, please click here to view the California Unified Certification Program website.
The Maritime and Aviation Project Labor Agreement (MAPLA)
The Maritime and Aviation Project Labor Agreement (MAPLA) was adopted by the Board of Port Commissioners in March, 2000. It was intended to cover the Capital Improvement Program (CIP) for the Port’s Aviation and Maritime areas. In response to Port policies, the MAPLA was designed to ensure project labor stability, the employment of Port Local Impact Area (Oakland, Emeryville, San Leandro and Alameda) residents, and the utilization of Port recognized small businesses. MAPLA also covered other CIP projects in the Maritime and Aviation areas, and major maintenance.
The Program requires an innovative approach to local contractor utilization, local hiring, community outreach and liaison as part of the administration and implementation of the Project Labor Agreement (PLA). The underlying philosophy of the program is to use the PLA and the related covered works as a vehicle for building the real capacity of local firms and individuals and to maximize their potential to successfully participate in large public works projects. The Program and its committee structure also provide administrative oversight to compliance, the social justice trust fund and resolution of grievances.
MAPLA continues its cornerstone position as a catalyst for Local Impact Area (LIA) employment opportunities and sound labor relations.
A new revised MAPLA was adopted by the Board of Port Commissioners effective February 1, 2016.
Prevailing Wage:
All workers covered by the MAPLA will be paid prevailing wages as determined by the California Office of Policy, Research and Legislation and the U.S. Department of Labor. For more information:
Reporting by Contractors
The Port of Oakland has a Web Access Monitoring System (referred to as WAMS) to monitor compliance with Federal Davis Bacon and State prevailing wage laws by the contractors.
Contractor Information
- 2016 Working Under the Project Labor Agreement
- Contractor Information Packet
- 2016 MAPLA Letter of Assent
- 2016 Core Worker Provision Language (PDF)
- Core Worker Provision Language (PDF)
- Tenant Notice
- Good Faith Effort Compliance Plan (PDF)
- Division of Apprenticeship Standards (DAS) Form 140 (PDF)
- Small Business Exemption (PDF)
- 2016 Social Justice Trust Fund Form (PDF)
- Social Justice Trust Fund Form (PDF)
Living Wage Policy & Documents
On March 5, 2002, the voters in the City of Oakland passed Measure I, adding to the City Charter Section 728 (“§728”) entitled “Living Wage and Labor Standards at Port-assisted Businesses.” §728 requires Port Aviation and Maritime businesses that meet specified minimum threshold requirements to pay all nonexempt employees a Living Wage rate established by City Ordinance and adjusted annually based on the Consumer Price Index for the San Francisco, Oakland and San Jose area.
The new Living Wage rate as of July 1, 2024 is at least $17.37 with credit given to the employer for the provision to covered employees of health benefits, and $19.95 without credit for the provision of health benefits. Specifically, §728 applies to Port contractors and financial assistance recipients with the Aviation or Maritime divisions that have contracts worth more than $50,000 and that employ more than 20 employees who spend more than 25% of their time on Port-related work. §728 also provides covered employers with incentives to provide health benefits to employees, establishes a worker retention policy, requires covered employers to submit quarterly payroll reports and requires covered employers to allow Port representatives access to payroll records in order to monitor compliance and labor organization representatives access to workforces during non-work time and on non-work sites.
The provisions of §728 are incorporated in Port Ordinance Number 3666 as amended by Ordinance 3719.
Living Wage Frequently Asked Questions
Living Wage Rates Flyer
Living Wage Forms
If you are going to enter into or amend a contract or lease with the Port, please fill out the forms listed below and return them to the Social Responsibility Division.
Resources
The Port has also developed a number of strategic partnerships to stimulate local workforce utilization.
Not sure who to contact or have a general question? Use our contact form to route your request