Holston Valley Highway Services LLC

Official Questions and Answers (Q&A's) Disadvantaged Business Enterprise Program Regulation (49 CFR 26)

DBE Program Official Q&A's for Regulation (49 CFR part 26)

The General Counsel of the Department of Transportation has reviewed these questions and answers and approved them as consistent with the language and intent of 49 CFR Part 26. These questions and answers therefore represent the institutional position of the Department of Transportation. These questions and answers provide guidance and information for compliance with the provisions under 49 CFR Part 26, pertaining to the implementation of the Department's Disadvantaged Business Enterprise (DBE) program. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations. They are issued to provide an acceptable means, but not the only means, of compliance with Part 26. While these questions and answers are not mandatory, they are derived from extensive DOT, recipient, and contractor experience and input concerning the determination of compliance with Part 26.

Q&A’s have been added to address the following elements of the DBE program:

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Personal Net Worth

Program Administrator

Prompt payment and Retainage

Good Faith Efforts Requirements

Fostering Small Business Programs

Commercially Useful Function

Contract goals

Certification Procedures

Certification Standards