Disadvantaged Business Enterprise Program
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). This program adheres to the regulations of the U.S. Department of Transportation (DOT), 49 Code of Federal Regulations (CFR) Part 26. Our DBE Policy outlines our goals and mission for the program.
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.
Apply for DBE Certification
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 DBE/SBE 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:
- African-American
- Asian-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 or download and submit the form to CIV_FederalPrograms@txdot.gov.
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
DBE Contract Compliance Forms and Memorandum of Understanding (MOU) Attachments
- DBE Commitment Agreement Form
- DBE Monthly Progress Report Form
- DBE Final Report Form
- Prompt Payment Certification
- 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
- DBE Joint Check Approval Form
- List of TxDOT's DBE Contract Compliance Forms
Certification/Contract Compliance References
- DBE Certification FAQs
- DBE Regulations 49 CFR Part 26
- DBE Reg 49 CFR 26.13
- FHWA 1273
- Special Provision 000-1966
- Special Provision 000-002
- 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.