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DBE Final Rule

• SUMMARY
• DATES
• ADDRESS
• FOR FURTHER INFORMATION CONTACT
• SUPPLEMENTARY INFORMATION
• Background
• Key Points of the Final Rule

• SECTION-BY-SECTION ANALYSIS
• Section 26.1 What Are the Objectives of This Part?
• Section 26.3 To Whom Does This Part Apply?
• Section 26.5 What Do The Terms Used in This Part Mean?
• Section 26.7 What Discriminatory Actions Are Forbidden?
• Section 26.9 How Does the Department Issue Guidance and Interpretations Under This Part?
• Section 26.11 What Records do Recipients Keep and Report?
• Section 26.13 What Assurances Must Recipients and Contractors Make?
• Section 26.15 How Can Recipients Apply for Exemptions or Waivers?
• Section 26.21 Who Must Have a DBE Program?
• Section 26.23 What is the Requirement for a Policy Statement?
• Section 26.25 What is the Requirement for a Liaison Officer?
• Section 26.27 What Efforts Must Recipients Make Concerning DBE Financial Institutions?
• Section 26.29 What Prompt Payment Mechanisms Must Recipients Have?
• Section 26.31 What Requirements Pertain to the DBE Directory?
• Section 26.33 What Steps Must a Recipient Take to Address Overconcentration of DBEs in Certain Types of Work?
• Section 26.35 What Role do Business Development and Mentor-Protege Programs Have in the DBE Program?
• Section 26.37 What Are a Recipient's Responsibilities for Monitoring the Performance of Other Program Participants?
• Section 26.41 What Is the Role of the Statutory 10 Percent Goal in This Program?
• Section 26.43 Can Recipients Use Quotas or Set-Asides as Part of This Program?
• Section 26.45 How Do Recipients Set Overall Goals?
• Section 26.47 Can Recipients Be Penalized for Failing To Meet Overall Goals?
• Section 26.49 How Are Overall Goals Established for Transit Vehicle Manufacturers?
• Section 26.51 What Means Do Recipients Use To Meet Overall Goals?
• Section 26.53 What Are the Good Faith Efforts Procedures Recipients Follow in Situations Where There Are Contract Goals?
• Section 26.55 How Is DBE Participation Counted Toward Goals?
• Section 26.61 How Are Burdens of Proof Allocated in the Certification Process?
• Section 26.63 What Rules Govern Group Membership Determinations?
• Section 26.65 What Rules Govern Business Size Determinations?
• Section 26.67 What Rules Determine Social and Economic Disadvantage?
• Section 26.69 What Rules Govern Determinations of Ownership?
• Section 26.71 What Rules Govern Determinations Concerning Control?
• Section 26.73 What Are Other Rules Affecting Certification?
• Section 26.81 What Are the Requirements for Unified Certification Programs?
• Section 26.83 What Procedures Do Recipients Follow in Making Certification Decisions?
• Section 26.85 What Rules Govern Recipients' Denials of Initial Requests for Certification?
• Section 26.87 What Procedures Does a Recipient Use To Remove a DBE's Eligibility?
• Section 26.89 What Is the Process for Certification Appeals to the Department of Transportation?
• Section 26.91 What Actions Do Recipients Take Following DOT Certification Appeal Decisions?
• SUBPART F - COMPLIANCE and ENFORCEMENT
• DBE PARTICIPATION in AIRPORT CONCESSIONS
• REGULATORY ANALYSES and NOTICES
• Executive Order 12866
• Regulatory Flexibility Act Analysis
• Paperwork Reduction Act
• Federalism
• LIST of SUBJECTS
• 49 CFR Part 23
• 49 CFR Part 26
• PART 23--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISE IN AIRPORT CONCESSIONS
• PART 26 - PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS
• Subpart A--General
• Sec. 26.1 What are the objectives of this part?
• Sec. 26.3 To whom does this part apply?
• Sec. 26.5 What do the terms used in this part mean?
• Sec. 26.7 What discriminatory actions are forbidden?
• Sec. 26.9 How does the Department issue guidance and interpretations
• Sec. 26.11 What records do recipients keep and report?
• Sec.26.13 What assurances must recipients and contractors make?
• Sec. 26.15 How can recipients apply for exemptions or waivers?
• Subpart B - Administrative Requirements for DBE Programs for Federally-Assisted Contracting
• Sec. 26.21 Who must have a DBE program?
• Sec. 26.23 What is the requirement for a policy statement?
• Sec. 26.25 What is the requirement for a liaison officer?
• Sec. 26.27 What efforts must recipients make concerning DBE financial institutions?
• Sec. 26.29 What prompt payment mechanisms must recipients have?
• Sec. 26.31 What requirements pertain to the DBE directory?
• Sec. 26.33 What steps must a recipient take to address overconcentration of DBEs in certain types of work?
• Sec. 26.35 What role do business development and mentor-protege
• Sec. 26.37 What are a recipient's responsibilities for monitoring the performance of other program participants?
• Subpart C--Goals, Good Faith Efforts, and Counting
• Sec. 26.41 What is the role of the statutory 10 percent goal in this program?
• Sec. 26.43 Can recipients use set-asides or quotas as part of this program?
• Sec. 26.45 How do recipients set overall goals?
• Sec. 26.47 Can recipients be penalized for failing to meet overall goals?
• Sec. 26.49 How are overall goals established for transit vehicle manufacturers?
• Sec. 26.51 What means do recipients use to meet overall goals?
• Sec. 26.53 What are the good faith efforts procedures recipients follow in situations where there are contract goals?
• Sec. 26.55 How is DBE participation counted toward goals?
• Subpart D--Certification Standards
• Sec. 26.61 How are burdens of proof allocated in the certification process?
• Sec. 26.63 What rules govern group membership determinations?
• Sec. 26.65 What rules govern business size determinations?
• Sec. 26.67 What rules determine social and economic disadvantage?
• Sec. 26.69 What rules govern determinations of ownership?
• Sec. 26.71 What rules govern determinations concerning control?
• Sec. 26.73 What are other rules affecting certification?
• Subpart E--Certification Procedures
• Sec. 26.81 What are the requirements for Unified Certification
• Sec. 26.83 What procedures do recipients follow in making
• Sec. 26.85 What rules govern recipients' denials of initial requests
• Sec. 26.87 What procedures does a recipient use to remove a DBE's
• Sec. 26.89 What is the process for certification appeals to the
• Sec. 26.91 What actions do recipients take following DOT certification
• Subpart F--Compliance and Enforcement
• Sec. 26.101 What compliance procedures apply to recipients?
• Sec. 26.103 What enforcement actions apply in FHWA and FTA programs?
• Sec. 26.105 What enforcement actions apply in FAA Programs?
• Sec. 26.107 What enforcement actions apply to firms participating in
• Sec. 26.109 What are the rules governing information, confidentiality,
• APPENDIX A to PART 26--GUIDANCE CONCERNING GOOD FAITH EFFORTS
• APPENDIX B to PART 26--FORMS [Reserved] No Data
• APPENDIX C to PART 26--DBE BUSINESS DEVELOPMENT PROGRAM GUIDELINES
• APPENDIX D to Part 26--Mentor-Protege Program Guidelines
• APPENDIX E to Part 26--Individual Determinations of Social and Economic Disadvantage

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