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DBE/ACDBE Size Standards

The Department of Transportation issued a final rule on December 14, 2020 for the Department to make an annual inflationary adjustment to the Disadvantaged Business Enterprises (DBE) program’s business size limit (business size standard/gross receipts cap) on small businesses participating in the DBE program under 49 CFR Part 26 and pursuant to the Infrastructure Investment and Jobs Act of 2021. The rule does not apply to the Airport Concession DBE (ACDBE) program under 49 CFR part 23.

  1. Effective March 1, 2024 the business size limit for applicant and certified DBEs seeking to participate in FHWA and FTA-assisted contracts is adjusted for inflation from $30.40 million to $30.72 million. A DBE firm must still meet the size standard(s) appropriate to the type(s) of work the firm seeks to perform in DOT-assisted contracts. These standards vary by industry according to the NAICS code(s) defined by the Small Business Administration (SBA).
  2. The adjusted gross receipts cap does not apply to determining a firm’s eligibility for participation in FAA-assisted projects. DBE firms working on FAA-assisted projects must meet the size standard(s) appropriate to the type(s) of work based solely on the applicable NAICS code(s) size standard(s). Unified Certification Program (UCP) directories must clearly indicate which firms are only eligible for counting on FAA-assisted work.

DBE Program Size Standards  

*(Firms must meet both SBA and the DBE Statutory Cap)

*Affiliation has the same meaning the term has in the Small Business Administration (SBA) regulations

SBA Size Measure
DBE Statutory Cap

SBA business size standard(s) found in 13 CFR part 121 appropriate to the type(s) of work the firm seeks to perform in DOT-assisted contracts, including the primary industry classification of the applicant.

See 13 CFR part 121.201
Size limit = $30.72 million

Average annual gross receipts over the firm's previous 5 fiscal years. 


See 13 CFR part 121.104(c)

 Average annual gross receipts over the firm's previous 3  fiscal years.
See 26.65(b), 2021 Final Rule, DBE Guidance on Gross Receipts (2020)
*DBEs working on FAA contracts are only subject to the SBA size standards. DBEs working on FHWA and FTA contracts are subject to both the SBA size and the DBE statutory gross receipts standards.   

 

ACDBE Program Size Standards

*Affiliation has the same meaning the term has in the Small Business Administration (SBA) regulations, except that the provisions of SBA regulations concerning affiliation in the context of joint ventures (13 CFR §121.103(h)) do not apply to this part.

Size Limit
Regulation
$56.42 million (Average annual gross receipts over the firm's 5 previous fiscal years) 23.33(a)
Banks and financial institutions: $1 billion in assets 23.33 (b)(1)
Passenger car rental companies: $75.23 million (Average annual gross receipts over the firm's three previous fiscal years). 23.33 (b)(2)
Pay telephones: 1,500 employees 23.33 (b)(3)
New car dealers: 350 employees 23.33 (b)(4)

 

 

Last updated: Thursday, May 9, 2024