DBE Interim Final Ruling (IFR) update
Texas is accepting reevaluation documents through April 30.
The Texas Unified Certification Program (TUCP) will accept DBE and ACDBE reevaluation documentation beginning Monday, March 30 through Thursday, April 30, 2026.
All Texas‑based DBE and ACDBE firms who wish to continue participating in these programs must be reevaluated for eligibility under the new criteria. Qualifying individuals/owners of these firms must submit the following documents to their respective TUCP certification agency:
- Personal narrative with supporting documentation
- Personal Net Worth Statement
- Complete copy of the most recently filed personal tax return, including all schedules and W‑2s
- Current personal bank statement
Please reach out if you have questions related to the IFR.
Reevaluation Resources
Important notes for the reevaluation process
- DBEs and ACDBEs who do not wish to seek reevaluation may withdraw from the program by submitting a Technical Support Ticket through your portal with “Withdraw DBE/ACDBE Certification” in the ticket subject.
- All DBE/ACDBE firms will be delisted from the TUCP directory during the reevaluation process. Only firms that successfully demonstrate eligibility under the new criteria will be reinstated.
- Interstate DBE/ACDBE firms are delisted until the firm reapplies for Interstate Certification. Interstate Certifications will resume after the statewide reevaluation process is complete.
- New DBE/ACDBE certification applications are temporarily on hold.
- Processing of DBE/ACDBE Declarations of Eligibility (DOE) are temporarily on hold and will resume after the statewide reevaluation process is complete. Your certification date will not change.
Clarifications related to DBE contractor compliance
- The DBE program still exists. The IFR did not eliminate the DBE program.
- The termination provisions at 49 CFR §26.53(f) continue to apply to existing contracts. Approved committed DBEs cannot be terminated without TxDOT’s prior written approval.
- If the prime contractor self-performs the work of the committed DBE or another firm does so, then the prime contractor is not entitled to payment for the work.
- Compliance with the prompt payment requirement is still applicable. Prompt pay applies to all subcontractors, not just DBEs.
- For contracts executed prior to October 3, 2025, prime contractors must enter payments in TxDOT DMS. Confirmation of prompt payment is required by the subcontractor even if the reported payment is zero.
- TxDOT will not conduct CUF reviews during the reevaluation process. Prime contractors should conduct their own internal CUF reviews.