Disadvantaged Business Enterprise
In general, to be eligible for the DBE program, persons must own 51% or more of a Small Business, establish that they are disadvantaged within the meaning of DOT regulations, and prove they control their business. The following general guidelines, taken in part from the applicable regulation (49 CFR Part 26), will help business owners determine whether they are eligible for the DBE program.
Eligibility Guidelines (In General)
- Ownership– Your business must be 51% owned by a socially and economically disadvantaged individual(s).
- “Disadvantaged” – You may be eligible if you are a member of a group of person the Department considers as disadvantaged. The Department presumes certain groups are disadvantaged, including women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian-Pacific Americans, or other minorities found to be disadvantaged by the U.S. Small Business Administration (SBA). Persons who are not members of one of the above groups and own and control their business may also be eligible if they establish their “social” and “economic” disadvantage. The Department notes, for example, that people with disabilities have disproportionately low incomes and high rates of unemployment, and that many may be socially and economically disadvantaged. A determination of whether an individual with a disability meets DBE eligibility criteria is made on a case-by-case basis. More information on how social and economic disadvantage is determined can be found in Appendix E to 49 CFR Part 26.
- Business Size Determination– A firm (including its affiliates) must be a small business as defined by SBA standards. It must not have annual gross receipts over $22,410,000 in the previous three fiscal years ($52,470,000 for airport concessionaires in general with some exceptions). Under SAFETEA-LU, this threshold will be adjusted annually for inflation by the Secretary.
- Personal Net Worth– Only disadvantaged persons having a personal net worth (PNW) of less than $1.32 Million can be considered as a potential qualified DBE. Items excluded from a person’s net worth calculation include an individual’s ownership interest in the applicant firm, and his or her equity in the primary residence. Additional exclusions are available for owners of airport concessionaires (See 49 AFR Part 23)
- Independence – The business must not be tied to another firm in such a way as to compromise its independence and control.
- Control– A disadvantaged owner seeking certification must possess the power to direct or cause the direction of the management and policies of the firm. The owner must also have an overall understanding of, and managerial and technical competence and experience directly related to, the type of business in which the firm is engaged.
- Burden of Proof Allocation – Applicants carry the initial burden of proof regarding their eligibility and must demonstrate that they meet all requirements concerning group membership or individual disadvantage, business size, ownership, and control.
Additional program requirements and certification procedures are found in the Department’s regulations 49 CFR Parts 23 and 26
Disadvantaged Business Enterprise (DBE) Program
Disadvantaged Business Enterprise (DBE) program is intended to ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Departments highway, transit, airport, and highway safety financial assistance programs. The goals of the program are to remedy past and current discrimination against disadvantaged business enterprises, to ensure a “level playing field” in which DBEs can compete fairly for DOT-assisted contracts, improve the flexibility and efficiency of the DBE program, and reduce burdens on small businesses.
Obtaining Certification as a DBE
Firms meeting the eligibility standards must contact the specific state or local transportation entity for which they wish to participate in contracts. In addition to requesting documentary evidence substantiating a firms size, owners PNW, independence, and an individuals ownership and control, recipients are required to perform an on-site visit to the firms offices and job sites. Firms can obtain instructions on how to apply to become a DBE by contracting Georgia Department of Transportation or Augusta Regional Airports DBE liaison. To ease the burden of applying to multiple DOT recipients within a state, the Department requires a Unified Certification Program (UCP) to be developed so that applicants need only apply once for DBE certification that will be honored by all recipients in the state. The UCP for this state is Georgia Department of Transportation and all certification documents should be/will be forwarded to the agency for approval.
For more instructions and to apply contact:
Georgia Department of Transportation
Is there anyone locally that can help me with this process?
WHAT IS THE DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM?
Objectives/Policy Statement (49 CFR Part 26.1, 26.23)
Augusta Regional Airport (the Airport) 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 Airport has received financial assistance from the Department of Transportation, and as a condition of receiving this assistance, has signed an assurance that it will comply with 49 CFR Part
It is the policy of the Airport to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also the Airport’s policy to:
I. 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 any barriers to the participation of DBEs in DOT assisted contracts; and procurement activities;
6. To promote the use of DBEs in all types of federally-assisted contracts and procurement activities; and
7. To assist the development of firms that can compete successfully in the market place outside the
Risa Bingham has been designated as the DBE Liaison Officer. In that capacity, Ms. Bingham is responsible for implementing all aspects of the DBE Program. Ms. Bingham can be reached at 1501
Aviation Way Augusta, Georgia 30906, by phone at (706) 798-3236, or via email at firstname.lastname@example.org. Implementation of the DBE Program is accorded the same priority as compliance with all other legal obligations incurred by the Airport in its financial assistance agreements with the Department of Transportation.
The Airport has disseminated this policy statement to the Augusta Aviation Commission and all of the components of its organization. It has distributed this statement to DBE and non-DBE business communities that perform work for the Airport on FAA assisted contracts, and has implemented the DBE Program with the same priority with which it complies with other legal obligations imposed by the FAA. The Airport has communicated with DBE and non-DBE businesses via its website to let them know that a copy of this document is available for viewing. Additionally, this document is available to anyone who requests at the Airport offices located at 1501 Aviation Way, Augusta, Georgia 30906, during the Airport’s normal business hours of 8:00-5:00.
US Department of Transportation Federal Aviation Administration
Airport Concession Disadvantaged Business Enterprise Program
49 CFR Part 23
Augusta Regional Airport at Bush Field
WHAT IS THE AIRPORT CONCESSIONS DISADVANTAGE BUSINESS ENTERPRISE (ACDBE) PROGRAM?
Objectives/Policy Statement (49 CFR Part 23.1, 23.23)
Augusta Regional Airport at Bush Field has established an Airport Concession Disadvantaged Business Enterprise (ACDBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part23. Augusta Regional Airport at Bush Field is a primary airport and has received federal funds authorized for airport development after January 1988 (authorized under Title 49 of the United States Code). Augusta Regional Airport at Bush Field has signed airport grant assurances that it will comply with 49 CFR Part 23.
It is the policy of the Augusta Regional Airport at Bush Field to ensure that ACDBEs as defined in Part 23, have an equal opportunity to receive and participate in concession opportunities. It is also our policy:
1. To ensure nondiscrimination in the award and administration of opportunities for concessions by airports receiving DOT financial assistance;
2. To create a level playing field on which ACDBEs can compete fairly for opportunities for concessions;
3. To ensure that our ACDBE program is narrowly tailored in accordance with applicable law;
4. To ensure that only firms that fully meet this part’s eligibility standards are permitted to participate as ACDBEs at our airport(s);
5. To help remove barriers to the participation of ACDBEs in opportunities for concessions at our airport(s); and
6. To provide appropriate flexibility to our airports in establishing and providing opportunities for ACDBEs.
The Augusta Regional Airport at Bush Field has appointed Ms. Risa Bingham, Augusta Regional Airport, 1501 Aviation Way, Augsuta GA 30906 Telephone: (706) 798-3236; E-mail: email@example.com as the Airport Concessionaires DBE/ACDBE Liaison Officer. In that capacity, Ms. Bingham is responsible for implementing all aspects of the DBE program. Implementation of the ACDBE program is accorded the same priority as compliance with all other legal obligations incurred by the Augusta Regional Airport at Bush Field in its financial assistance agreements with the Department of Transportation.
The Airport has disseminated this policy statement to the Augusta-Richmond County Aviation Commission and all of the components of our organization. We have distributed this statement to ACDBE and non-ACDBE concessionaire communities in our area. This statement was mailed using Augusta Regional Airport at Bush Field DBE Directory and Augusta Richmond County Bidder List.
WHAT IS A DISADVANTAGED BUSINESS ENTERPRISE?
A small business concern which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
HOW DO YOU DEFINE SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS?
Any person having a current Section 8(a) certification from the Small business Administration is considered to be socially and economically disadvantaged. The airport makes a “rebuttal presumption” that individuals in the following groups who are citizens of the United States (or lawfully permanent residents) are socially and economically disadvantaged; Women; Black Americans, which includes persons having origins in any of the Black racial groups of Africa; Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; Native American, Which includes persons who American Indians, Eskimos, Aleuts, or native Hawaiians; Asian-Pacific Americans, which includes persons whose origins are from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific Island, Federated States of Micronesia, or the Commonwealth of the Northern Mariana Islands; and Asian-Indian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal. Members of other groups found to be disadvantaged by the SBA under Section 8(a) or the Small Business Act.
HOW DO I CERTIFY MY FIRM AS A DBE?
You need to submit a Georgia Uniform Certification Application to the Georgia Department of Transportation.
Print the No Change Affidavit form by clicking here:
Print the GUCA application by clicking here:
go to the Georgia DOT website for more information and an application: