[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: 49CFR26.65]

[Page 274]
 
                        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 D_Certification Standards
 
Sec.  26.65  What rules govern business size determinations?

    (a) To be an eligible DBE, a firm (including its affiliates) must be 
an existing small business, as defined by Small Business Administration 
(SBA) standards. You must apply current SBA business size standard(s) 
found in 13 CFR part 121 appropriate to the type(s) of work the firm 
seeks to perform in DOT-assisted contracts.
    (b) Even if it meets the requirements of paragraph (a) of this 
section, a firm is not an eligible DBE in any Federal fiscal year if the 
firm (including its affiliates) has had average annual gross receipts, 
as defined by SBA regulations (see 13 CFR 121.402), over the firm's 
previous three fiscal years, in excess of $16.6 million. The Secretary 
adjusts this amount for inflation from time to time.