The Disadvantaged Business Enterprise (DBE) Program was created to provide a level playing field for small, minority- and women-owned companies wanting to do business with TxDOT and other agencies receiving federal funds from the U.S. Department of Transportation (DOT).

The Airport Concessions Disadvantaged Business Enterprise (ACDBE) Program is similar to the DBE Program. ACDBE is a DOT program designed to level the playing field for small businesses wanting to do business with TxDOT and other agencies receiving federal funds through the Federal Aviation Administration (FAA) and wish to participate in contracting opportunities at airports (airside, landside and off airport).

You may apply for DBE and/or ACDBE certification using TxDOT's Diversity Management System.

Certification Overview

TxDOT is a member of the Texas Unified Certification Program (TUCP). The TUCP certifies DBEs and ACDBEs for participation in DOT and FAA contracting projects across the State of Texas in compliance with Code of Federal Regulations (49 CFR Parts 26 and 23).

Businesses interested in becoming certified as a DBE and/or ACDBE must complete and submit an application through the TUCP. Upon approval, DBE-certified companies can be used to meet the DBE goals established for federally-funded contracts. 

You may search the TUCP Directory using  TxDOT's Diversity Management System.

The following are general eligibility requirements for DBE and ACDBE certification:

• 51-percent owned, managed and controlled by one or more socially and economically disadvantaged individual(s)
• Must be a small business as defined by Small Business Administration (SBA)
• Personal Net Worth Limit: $1.32 million
  
• Gross receipts must not exceed $23.98 million averaged out over three years (DBE only)
• Gross receipts must not exceed $56.42 million averaged out over three years (ACDBE only)
• Firm must be organized as a for-profit business

Note: Members of these groups are presumed disadvantaged:

• Asian-American
• African-American
• Hispanic
• Native American
• Women

DBE certified firms certified in highway construction are automatically eligible for Small Business Enterprises (SBE) certification. The qualified firms certified by TxDOT are not required to submit an application to become SBE certified. 

Annual Update

Certification is valid for three years from the date of initial certification. However, you must update your certification annually. TxDOT will notify you of upcoming annual updates and it is the firm’s responsibility to ensure that the information in the TUCP Directory is correct. Submit the DBE or ACDBE Annual Update Affidavit online using TxDOT's Diversity Management System.

Supportive Services

TxDOT is committed to assisting Disadvantaged Business Enterprises and Small Business Enterprises in their efforts to work with TxDOT and other state agencies. To this end, we provide the following training and additional outreach to serve Texas communities:

• Alliance Program

Memorandum of Understanding (MOU)

Federal Law mandates that all Local Governments or Entities that receive USDOT funds from non-conventionally let projects must sign an MOU with TxDOT allowing them to adopt TxDOT's federally approved DBE Program and comply with the Federal Regulations 49 CFR Part 26.

• Instructions and Requirements
• List of Local Government Entities with an MOU
• List of Local Government Entities with an AFA

Memorandum of Understanding (MOU) Attachments

• DBE Program Policy Statement
• Commitment Agreement Form
• DBE Monthly Progress Report
• DBE Final Report
• Prompt Payment Certification
• Americans with Disabilities Act (ADA)
• Special Provisions for Local Government/RMA Non-Standards Contract
• DBE Program Compliance Guidance for Local Government Agencies
• Required Contract Provisions Federal-Aid Construction Contracts
• Measurement and Payment
• Overall Annual DBE Goal Methodology for Highway Design and Construction
• DBE Joint Check Approval Form
• Form List

References

• Texas Unified Certification Program (TUCP) DBE and TxDOT SBE Directory
• Comparison of DBE and ACDBE Certification Programs 
  
• DBE Certification FAQs
• DBE Contractors’ Guide 
  
• DBE Contractors’ Responsibilities Presentation
• DBE Regulations 49 CFR Part 26
• DBE Reg 49 CFR 26.13
• District DBE Compliance and Monitoring Guide
  
• District Responsibilities Presentation
• Local Government DBE Compliance and Monitoring Guide 
  
• Local Government Disadvantaged Business Enterprise Webinar 
  
• Prime Contractors’ DBE Guide 
  
• Prime Contractors’ Responsibilities Presentation

Rules and Regulations

• FHWA 1273
• Special Provision 000-1966
• Special Provision 009-009
• Special Provision 000-394
  
• Texas Administrative Code §9.200

For more information concerning certification and supportive services, please contact a program specialist at 512-416-4700.