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. Refer to the Disadvantaged Business Enterprise Forms page for additional documents relating to the DBE Program.

You may apply for DBE certification using TxDOT's Diversity Management System.

Certification Overview

TxDOT is a member of the Texas Unified Certification Program (TUCP). The TUCP certifies DBEs for participation in Department of Transportation federal 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 must complete and submit an application through the TUCP. Upon approval, these companies can be used to meet the DBE goals established for federally-funded contracts. DBE is a federal program required by law.

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

The following are general eligibility requirements for DBE 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
• 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 are automatically eligible for Small Business Enterprises (SBE) certification.

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 Annual Update Affidavit online at 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:

• Texas Business Opportunity and Development (TBOD) Program
• Events and Workshops

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
• Disadvantaged Business Enterprise in Federal Aid Contracts
  
• Measurement and Payment
• Overall Annual DBE Goal Methodology for Highway Design and Construction
• DBE Joint Check Approval Form
• Form List

References

• DBE Regulations 49 CFR Part 26
• DBE Reg 49 CFR 26.13
• District DBE Compliance and Monitoring Guide
• Texas Unified Certification Program (TUCP) DBE and TxDOT SBE Directory

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.