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This section is primarily devoted to the Department of Transportation’s Disadvantaged Business Enterprises (DBE) program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SAFETEA-LU . See DBE program reauthorization Provision.
The DOT DBE program is implemented by recipients of DOT Federal Financial Assistance. Recipients are primarily state highway, transit and airport agencies that receive funds subject to Title 49 Code of Federal Regulations parts 26 (49 CFR 26). A similar program for airport concessions (ACDBE) program mandated by 49 U.S.C. 47107(e), originally enacted in 1987 and amended in 1992, is implemented under (49 CFR 23)
Size Cap
Note
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) establishes a size limit for participation in the DOT Disadvantaged Businesses Enterprise program.
On April 3, 2009, the US DOT raised the statutory caps on the size standards the DBE Program uses to determine program eligibility.
Using formulas to adjust for inflation, the cap for regular DBE-certified companies was raised to $22.41 million average gross receipts
over the three preceding years. For most Airport Concession DBEs (ACDBEs), the cap was raised to $52.47 million, however,
ACDBEs dealing in car rentals rose to $69.97 million. See Federal Register Notice: PDF.
DBE Program Regulatory Issuances
- US DOT Published Notice of Proposed Rulemaking for the Disadvantaged Business Enterprise (DBE) Program
– (September 11, 2012 (Updated) ) PDF
- Update - The period for comments of the Notice of Proposed Rulemaking (NPRM) for the DBE program has been extended to December 24th. (October 30, 2012) PDF
- Proposed Appendix F, the Uniform Certification Application Form, and Appendix G, the Personal Net Worth Statement, in Corrected Format (Docketed at DOT-OST-2012-0147-0005 (PDF) )
- Final rule which requires greater accountability from state and local transportation agencies as well as adjusts the personal net worth limit for DBE owners – (January 19, 2011) PDF
- PROPOSED RULES Disadvantaged Business Enterprise: Program Improvements , 25815–25828 [2010–10968] - (May 10, 2010)
TEXT - PDF
- Final rule which allows the establishment of Part 26 DBE goals every 3 years rather than annually - (Feb 3, 2010) PDF
- Proposed rule dropping the Part 23 sunset provision, substituting it
with a periodic program review, and calling for suggestions for
modifications to Part 23 (Feb 3, 2010) PDF
DBE PROGRAM CONTACTS
DBE UNIFORM CERTIFICATION FORMS, APPLICATIONS & LINKS
To be submitted to YOUR STATE DOT certification agency
- DBE Uniform Certification (Federal Register 06/16/03)
Instructions PDF
Application PDF
Affidavit PDF
Support Documents Checklist PDF
Complete Application Package PDF
- SBA Personal Financial Statement Form 413 PDF
- Sample No Change Declaration [49 CFR § 26.83(j)] Word / PDF (4/08/04)
- Sample No Change Affidavit - [49 CFR § 26.83(j)] Word / PDF (4/08/04)
ADDITIONAL DBE PROGRAM INFORMATION / REFERENCE
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DBE Program
