DBE Final Rule and Program Activities

Final Rule Changes Effective as of November 3, 2014

The Department has issued a final rule amending its disadvantaged business enterprise (DBE) program at 49 CFR Part 26. The final rule improves DBE program implementation in three major areas. First, the rule revises the uniform certification application and reporting forms, creates a uniform personal net worth form for use by applicant owners, and collects data required by the Department’s surface transportation reauthorization, Moving Ahead for Progress in the 21st Century Act (MAP-21).  Second, the rule strengthens the certification-related program provisions, which includes adding a new section authorizing summary suspensions under specified circumstances. Third, the rule modifies several other program provisions concerning such subjects as: overall goal setting, good faith efforts, transit vehicle manufacturers, and counting for trucking companies.

Recent DBE Program Activities

December 16, 2014, FAA is Seeking Additional Best Practices

FAA would like to hear from you about best practices that foster the use of new DBEs and ACDBEs. If you have a best practice or tip that you would like to share, please contact your FAA regional specialist.

October 20, 2014, Stakeholder Meeting Explores DBE Utilization

The Departmental Office of Civil Rights’ October 20, 2014, stakeholder meeting featured a robust discussion of the concepts of DBE utilization and the implementation of business development programs. We sought input from public and private sector participants on whether additional data collection and reporting by recipients as recommended by the Office of Inspector General in its 2013 report will yield tangible benefits to improvement of the DBE program.

Many participants thought, as a first step, that it would be important to collect information on the number and identity of DBEs that obtain contracts, how long they have been in the program, and potential reasons why certified DBEs have not received work. Participants discussed, at length, possible measures of business development such as growth in revenue or number of employees, increased bonding limits, and overall number of contracts a firm obtains in comparison to firms of similar size. This information would be difficult to obtain without surveying DBEs; and participants were reluctant to recommend any type of data collection without, first, a careful analysis. Some participants expressed the view that while some of that data is available, it is available through many different sources. Commenters also discussed key reasons to consider why DBEs may not receive work. Expect to receive more information on this topic after we have an opportunity to more thoroughly consider and analyze the feedback from stakeholders.

Updated: Wednesday, February 17, 2016
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