DIR's Supplier Diversity Information Resource Guide 20, Jan 2012 | Page 65

COPYRIGHT 2012, DIVERSITY INFORMATION RESOURCES, MINNEAPOLIS, MN

SECTION 6
DEPARTMENT OF TRANSPORTATION
Department of Transportation (DOT)
Office of Small & Disadvantaged Business Utilization (OSDBU)
1200 New Jersey Avenue SE, W56-485
Washington, DC 20590
[phone]
Fax [phone]
www.osdbu.dot.gov
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The Department of Transportation policy of assisting small businesses owned and controlled by socially and rmatio
economically disadvantaged individuals, including minorities and women, in participating in contracting re info
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opportunities created by DOT financial assistance programs.
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Background
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The US Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE)yIProgram was develn
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oped to help small businesses owned and controlled by socially and economically ivers
disadvantaged individuals,
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including minorities and women, to participate in contracting opportunities created by DOT financial assisInf
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tance programs. The DBE program applies to projects funded at the state and local level as well as federal
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efforts; therefore, a business needs to be aware that state and local governments may have other types of
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certifications with different requirements. The US DOT distributes N
over $20 billion annually for highway,
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transit, and airport improvement projects across the nation. polis
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To ensure that all Americans have a fair chance toinparticipate in these transportation contracts,
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Congress enacted the first Disadvantaged Business Enterprise (DBE) statutory provision in 1983. In 1987,
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Congress reauthorized the legislation. Among other changes, the program was extended to airports and
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tio be disadvantaged. The program was continued in 1991 with
women were added to the groups presumed a
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orm
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the Intermodal Surface Transportation Efficiency Act (ISTEA) and then again in 1998 with the Transportation
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Equity Act for the 21st Century (TEA-21).
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Primarily, three major eDOT operating administrations are involved in the DBE program: the Federal
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Highway Administration (FHWA), Federal Aviation Administration (FAA), and Federal Transit Administration
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(FTA).
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The DOT old by program is carried out by state and local transportation agencies under the rules and
DBE
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guidelines inethe Code of Federal Regulations Title 49 part 26.
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DBEs are certified by the primary recipients of federal transportation assistance, i.e., state and local
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transportation agencies. These recipients establish goals for the participation of disadvantaged entreprebe
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neurs and certify the eligibility of DBE firms to participate in their DOT-assisted contracts.
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Unlike the SBA programs, DBE firms are subject to on-site reviews before a certification can be
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granted. They also must comply with state and local procurement rules and regulations.
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Final Rule Provisions
This final rule revises the Department of Transportation's regulations for its disadvantaged business enterprise (DBE) program. The 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 program in light of
developments in case law requiring narrow tailoring of such programs and last year's Congressional debate
concerning the continuation of the DBE program. It responds to comments on the Department's December
1992 notice of proposed rulemaking (NPRM) and its May 1997 supplemental notice of proposed rulemaking
(SNPRM).
2012 Supplier Diversity Information Resource Guide

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