Disadvantaged Business Enterprise (DBE)/Airport Concessionaire (ACDBE) Certification
The Certification Process is to ensure that only qualified small businesses that are independently owned and controlled by one or more socially and economically disadvantaged persons are certified for this program. Once you are certified, your firm's information will also be in the DBE Certified Directory Database. The bidders on projects must use certified DBE(s) from this Directory to meet project goals.
Already certified as a DBE/ACDBEwith ODOT? View instructions on helpful tips:
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, 2023 the business size limit for applicant and certified DBEs seeking to participate in FHWA and FTA-assisted contracts is adjusted for inflation from $28.48 million to $30.40 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.
Department al Office of Civil Rights website: DBE/ACDBE Size Standards | US Department of Transportation
What is a DBE?
In order to qualify to participate as a DBE/ACDBE, a firm must meet these qualifications:
- 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.
- It must be 51% owned and controlled by individuals who are socially and economically disadvantaged.
- The firm'sdisadvantaged owners are U.S. citizens or lawfully admitted permanent residents of the U.S.
- It must be a small business, as defined by the Small Business Administration’s regulations and does not exceed $26.29million in gross annual receipts for DBE($56.42million for ACDBEs).(Other size standards apply for ACDBE that are banks/financial institutions, car rental companies, pay telephone firms, and automobile dealers.)
Who is a DBE?
Socially and economically disadvantaged individuals are those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are:
- Black Americans, i.e., persons having origins in any of the Black racial groups of Africa.
- Hispanic Americans, i.e., persons of Mexican, Puerto Rican, Cuban, Central or South America, or of Spanish, or Portuguese origin.
- Native Americans, i.e., persons who are American Indians, Eskimo, Aleuts, or Native Hawaiians.
- Asian-Pacific Americans, i.e., persons of Japanese, Chinese, Taiwanese, Korean, Vietnamese, Laotian, Cambodian, Filipino, Samoan, Guamanian, Northern Merianas, and the U.S. Trust Territory of the Pacific Islands origin.
- Asian-Indian Americans, i.e., persons of Indian, Pakistani, or Bangladesh origin.
Types of Work
When applying for DBE Certification, you must indicate the type of work your firm is capable of performing. You must be able to verify that you can control the firm with respect to the type of work. The general work categories are:
Paving- includes concrete paving, asphalt paving, and concrete incidentals.
Grading and Drainage- includes surface course, clearing and grubbing, excavation, demolition, removal, base and subbase course, and bedding materials.
Structures- includes bridges, retaining walls, roadway structures, and buildings.
Erosion Control- includes sodding, seeding, temporary erosion control, landscaping, mulching.
Fencing and Guardrail- includes right-of-way fencing and guardrail placement.
Material Suppliers- includes suppliers of aggregates, fence, etc.
Hauling- trucking firms and owner-operators.
Traffic Control- includes signs, barricades, markers, devices, etc. Construction Staking.
Professional Services- includes engineering, architectural, right-of-way, urban planning, surveying, construction inspection, etc.
Other Construction Specialties- miscellaneous not elsewhere classified.