[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.21]

[Page 262]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 26_PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF 
TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
  Subpart B_Administrative Requirements for DBE Programs for Federally-
                          Assisted Contracting
 
Sec.  26.21  Who must have a DBE program?


    (a) If you are in one of these categories and let DOT-assisted 
contracts, you must have a DBE program meeting the requirements of this 
part:
    (1) All FHWA recipients receiving funds authorized by a statute to 
which this part applies;
    (2) FTA recipients receiving planning, capital and/or operating 
assistance who will award prime contracts (excluding transit vehicle 
purchases) exceeding $250,000 in FTA funds in a Federal fiscal year;
    (3) FAA recipients receiving grants for airport planning or 
development who will award prime contracts exceeding $250,000 in FAA 
funds in a Federal fiscal year.
    (b)(1) You must submit a DBE program conforming to this part by 
August 31, 1999 to the concerned operating administration (OA). Once the 
OA has approved your program, the approval counts for all of your DOT-
assisted programs (except that goals are reviewed by the particular 
operating administration that provides funding for your DOT-assisted 
contracts).
    (2) You do not have to submit regular updates of your DBE programs, 
as long as you remain in compliance. However, you must submit 
significant changes in the program for approval.
    (c) You are not eligible to receive DOT financial assistance unless 
DOT has approved your DBE program and you are in compliance with it and 
this part. You must continue to carry out your program until all funds 
from DOT financial assistance have been expended.

[64 FR 5126, Feb. 2, 1999, as amended at 64 FR 34570, June 28, 1999; 65 
FR 68951, Nov. 15, 2000]