Disadvantaged Business Enterprise (DBE)/Airport Concessionaire (ACDBE) Certification

The certification process outlined in 49 CFR Parts 23 and 26 ensures that only qualified small businesses independetly owned and controlled by one or more socially and economically disadvantaged persons are certified for this program. Once a firm is certified, its information will be listed in the DBE Certified Directory Database. To meet project goals, bidders on projects must use certified DBE(s) from this Directory.

View the DBE Checklist here.

Click here to apply for DBE/ACDBE certifications. (An email account is required to apply. Click here to set up an email account if you do not have one.)

Already certified as a DBE/ACDBEwith ODOT? Submit your Declaration of Eligibility.

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, 2025 the business size limit for applicant and certified DBEs seeking to participate in FHWA and FTA-assisted contracts is adjusted for inflation from $30.72 million to $31.84 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.

 Departmental Office of Civil Rights website:  DBE/ACDBE Size Standards | US Department of Transportation

In order to qualify to participate as a DBE/ACDBE, a firm must meet these qualifications:

1. The firm is a for-profit business that performs or seeks to perform transportation related work (for a concession activity) for a recipient of Federal Transit Administration, Federal Highway Administration, or Federal Aviation Administration funds.
2. It must be 51% owned and controlled by individuals who are socially and economically disadvantaged.
3. The firm's disadvantaged owners are U.S. citizens or lawfully admitted permanent residents of the U.S.
4. It must be a small business, as defined by the Small Business Administration’s regulations and USDOT regulations, as outlined on the Departmental Office of Civil Rights website: DBE/ACDBE Size Standards | US Department of Transportation

An owner must be both socially and economically disadvantaged to qualify for DBE or ACDBE certification.

Socially disadvantaged individuals are citizens of the United States or lawfully admitted permanent residents who have been subjected to disadvantage within American society. The owner(s) comprising at least 51% ownership must provide a Personal Narrative (PN) that establishes the existence of disadvantage by a preponderance of the evidence based on individualized proof regarding specific instances of economic hardship, systemic barriers, and denied opportunities that impeded the owner's progress or success in education, employment, or business, including obtaining financing on terms available to similarly situated, non-disadvantaged persons.

Economically disadvantaged individuals are citizens of the United States or lawfully admitted permanent residents with a Personal Net Worth (PNW) that does not exceed the cap set by USDOT in 49 CFR 26.68(a), which is currently $2,047,000.

Back to https://oklahoma.gov/odot/business-center/contract-compliance/dbe.html

When applying for DBE Certification, indicate the type of work your firm can perform. Verify that the socially and economincally disadvantaged owner(s) can control the firm with respect to that type of work. The general work categories are:

Paving- concrete paving, asphalt paving, and concrete incidentals.

Grading and Drainage- surface course, clearing and grubbing, excavation, demolition, removal, base and subbase course, and bedding materials.

Structures- bridges, retaining walls, roadway structures, and buildings.

Erosion Control- sodding, seeding, temporary erosion control, landscaping, mulching.

Fencing and Guardrail- right-of-way fencing and guardrail placement.

Material Suppliers- suppliers of various construction materials.

Hauling- trucking firms and owner-operators that transports materials to a project.

Traffic Control- signs, barricades, markers, devices, etc.

Construction Staking- Placement of stakes or markers to guide construction contractors in accurately laying out and building construction projects.

Professional Services- engineering, architectural, right-of-way, urban planning, surveying, construction inspection, etc.

Other Construction Specialties- miscellaneous not elsewhere classified.