Sample DBE Program

DOT published Part 26 in the Federal Register on February 2, 1999, and it became effective March 4, 1999 (64 F.R. 5096). It made extensive revisions to DOT’s DBE program, formally administered under 49 CFR Part 23. The Final Rule to 49 CFR Part 26 was published in the Federal Register, Volume 68, No. 115 on June 16, 2003. Five (5) subsequent Final Rules to 49 CFR Part 26 were published in the Federal Register on April 2, 2007, April 3, 2009, February 3, 2010, January 28, 2011 and November 3, 2014, which made additional revisions to the regulation. The e-version of the regulations has combined all of these documents into one for easy reading: Electronic Code of Federal Regulations https://www.ecfr.gov/cgi-bin/ECFR?page=browse.

We are providing this DBE Program for informational purposes, and recipients are not required to use it or its format. This Sample Program is NOT official U.S. Department of Transportation (DOT) guidance. This Sample Program is a revised version of the original version prepared by the DOT. It has been modified by FAA staff and has not yet been reviewed by the General Counsel of the Department of Transportation for consistency with the language and intent of 49 CFR Part 26. However, recipients may wish to use it as a guide in preparing their program documents. Recipients may customize the sample program to fit their circumstances.

At a number of points, the DBE Program refers to provisions of Part 26. Recipients may quote referenced portions of the rule in their program if they wish, but they are not required to do so. The Sample DBE Program also provides language for some documents that are part of the program (e.g., policy statements, contract clauses). Except where otherwise noted, recipients are not required to use this language, and may use their own language as long as it meets regulatory requirements.In the sample program, we have inserted instructions and notes in italics. Recipients should include italicized sections in their program documents.

You may obtain an electronic version of this document, from FAA Office of Civil Rights website: https://www.faa.gov/about/office_org/headquarters_offices/acr/ https://www.faa.gov/about/office_org/headquarters_offices/acr/bus_ent_program/.

POLICY STATEMENT

Section 26.1, 26.23 Objectives/Policy Statement

The [Recipient] owner of [specify the name of the Airport(s)] has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The [Recipient] has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the [Recipient] has signed an assurance that it will comply with 49 CFR Part 26.

It is the policy of the [Recipient] to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also our policy:

1. To ensure nondiscrimination in the award and administration of DOT-assisted contracts;
2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;
5. To help remove barriers to the participation of DBEs in DOT assisted contracts;
6. To promote the use of DBEs in all types of federally-assisted contracts and procurement activities;
7. To assist the development of firms that can compete successfully in the market place outside the DBE Program; and
8. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs.

[Name or title of appropriate person or office] has been delegated as the DBE Liaison Officer. In that capacity,[Name or Title of appropriate person or office] is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the [ Recipient] in its financial assistance agreements with the Department of Transportation.

[Recipient] has disseminated this policy statement to the [identify the governing board or officials of the Recipient] and all of the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts. The distribution was accomplished by [Specify how this distribution is accomplished]

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[Signature of Recipient’s Chief Executive Officer]


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