DIR's Supplier Diversity Information Resource Guide 20, Jan 2012 | Page 111

Domestic
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Certifying Organizations

Department of Transportation (DOT) Certification
Office of Civil Rights
1200 New Jersey Avenue SE
Washington D.C. 20590
[phone]
www.dotcr.ost.dot.gov
The Disadvantaged Business Enterprise (DBE) program is intended to remedy past and current discrimination
against disadvantaged business enterprises, ensure a “level playing field” and foster equal opportunity in
DOT-assisted contracts, improve the flexibility and efficiency of the DBE program, and reduce burdens on
small businesses. This final rule replaces the former DBE regulation, which now contains only the rules for
the separate DBE program for airport concessions, with a new regulation. The new regulation reflects
President Clinton’s policy to mend, not end, affirmative action programs. It modifies the Department’s DBE
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program in light of developments in case law requiring “narrow tailoring” of such programs and last year’s ormat
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Congressional debate concerning the continuation of the DBE program.
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An eligible Disadvantaged Business Enterprise (DBE) firm is one that is at least 51% owned esou controlled by
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one or more socially and economically disadvantaged individuals. Also, the disadvantaged owner(s) personal
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net worth should not exceed the $750,000 threshold.
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A firm must also be a small business concern as defined by the Small Business Administration’s (SBA) Regulanta
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tion at 13 CFR 121 and the Department’s Regulation at 49 CFR Part 23 and
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million annual average gross receipts over a 3-year period for general construction firms.
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Size standards for concessionaires doing business at airports differ from size standards of DBEs engaged in
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highway and transit related construction activities. 49cCFR 23 describes the size standards for airport concesr e
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A joint venture can be certified as a DBEy Iif the DBE partner meets the above criteria, shares in the ownership,
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control, management risk, and profits of the joint venture, and is responsible for a clearly defined portion of
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The Federal Highway aAdministration, Federal Transit Administration, and the Federal Aviation Administran
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tion uniformly applyy DBE eligibility criteria for DOT-assisted projects. States and other local organizations and
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agencies maydconduct their own certification or may rely on another recipient’s certification. Many recipients
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rely on State DOT certifications. As presently structured, the recipient is always responsible for the certificarod
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Note: Eligibility criteria for concessionaires doing business at airports differ in size standards from DBEs
engaged in highway, transit, or airport-related construction projects.

DBE Certification Appeals Program (DOT)
Certification is the Key to participating in the DBE Program.
The Director of the Departmental Office of Civil Rights has delegated responsibility to the External Policy and
Program Development Division in FY 1999 to adjudicate appeals and other disputes relating to denials of DBE
Certification by a transportation recipient. As such, the External Division investigates claims and issues final
administrative decisions on an ongoing basis.

2012 Supplier Diversity Information Resource Guide

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