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Disadvantaged Business Enterprise (DBE) Program

The Disadvantaged Business Enterprise (DBE) program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally-assisted highway, transit, airport, and highway safety financial assistance transportation contracting markets nationwide. The primary remedial goal and objective of the DBE program is to level the playing field by providing small businesses owned and controlled by socially and economically disadvantaged individuals a fair opportunity to compete for federally funded transportation contracts.

The objectives include:

  • To ensure that our contractors comply with DBE laws and requirements.
  • To ensure that DBEs can compete fairly for federally funded transportation-related projects.
  • To ensure that only eligible firms participate as DBEs.
  • To assist DBE firms in competing outside the DBE Program

Authority:

  • 49 CFR Part 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs

Approved SBE Plan:

Approved DBE Program Plan:

DBE Applicants must meet these criteria:

  • Business status, including size
  • Social & economic disadvantage
  • Ownership
  • Independence
  • Management and control

Click for Disadvantaged Business Enterprise (DBE) Application

The Certification Process

Submitting the application: A completed application and supporting documentation demonstrating eligibility must be submitted to the Civil Rights Office. Certification applications are processed in the order they are received. It generally takes no more than 90 days to review an application after a completed application and all supporting documentation have been received.

Interstate Certification: The Alaska Unified Certification Program (AUCP) will consider all firms seeking DBE Certification in Alaska if the applicant's firm is currently certified in their home state. Certification is dependent on a review of the current home state certification in accordance with Federal regulations 49 CFR 26.85. More information about interstate certification.

Determining Eligibility: Disadvantaged owners are interviewed in person and an on-site inspection of the business is conducted. After the interview, the Civil Rights Office representative prepares a summary that is used to determine whether the firm meets the eligibility requirements for certification as a DBE.

If a firm is awarded certification, it becomes eligible for participation as a DBE on transportation-related contracts with federal funding. Information about the certified firm is placed in the DBE Directory for distribution.

If a firm is denied certification, it is notified about the reasons why and is provided information on its appeal rights. Denied firms must appeal directly to the U.S. Department of Transportation.

Updating Certification: If you are a DBE, each year on the anniversary of your certification date, you must submit an affidavit sworn by the firm's owners before an authorized official or an unsworn declaration executed under penalty of perjury in accordance with U.S. law. This affidavit must confirm that there have been no changes in the firm's circumstances that affect its ability to meet the requirements for size, disadvantaged status, ownership, or control as outlined in this part, nor any significant changes in the information provided in its original application, except for those you have already reported as required. The affidavit must specifically state that your firm continues to comply with SBA business size criteria and the gross receipts cap under this part, supported by documentation such as Federal tax returns. Failure to submit this affidavit on time will be considered a failure to cooperate under §26.109(c).

Eligibility Requirements

The eligibility requirements for certification as a Disadvantaged Business Enterprise (DBE) are detailed in Title 49, Part 26, of the Code of Federal Regulations (CFR). The following summary highlights key information but does not include all the requirements.

Business Status: The applicant firm must be an existing "for profit" business. It must also meet the federal definition of a small business based on its primary NAICS code, as described by the Small Business Administration (SBA), and must not exceed the Size Standards in annual gross receipts.

Social and Economic Disadvantage: A disadvantaged owner must be a U.S. citizen (or resident alien) and meet the federal definition of socially and economically disadvantaged as defined in 49 CFR 26.67. Presumptive groups include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian-Americans, Women, and other minorities designated by the SBA. Individuals who can demonstrate social and economic disadvantage on an individual basis may also qualify.

Business Ownership: Disadvantaged owners must hold at least 51% ownership in the firm and must control the day-to-day operation and management of the business.

Professional License: When a firm's primary line of work requires a professional license, the disadvantaged owner must hold the license.

Personal Net Worth: The Personal Net Worth of a disadvantaged owner cannot exceed $2.047 million.

Ownership of Resources: A DBE firm must not rely on other individuals or businesses for its employees, equipment, or other resources.

Other Business Involvement: DBE owners cannot engage in outside employment or other business interests that conflict with their management and control of the applicant firm.

Past DBE Goal Methodology Information:

Resources: