[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.107]

[Page 162]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635_CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                      Subpart A_Contract Procedures
 
Sec. 635.107  Participation by disadvantaged business enterprises.

    (a) The STD shall schedule contract lettings in a balanced program 
providing contracts of such size and character as to assure an 
opportunity for all sizes of contracting organizations to compete. In 
accordance with Title VI of the Civil Rights Act of 1964, subsequent 
Federal-aid Highway Acts, and 49 CFR part 26, the STD shall ensure equal 
opportunity for disadvantaged business enterprises (DBEs) participating 
in the Federal-aid highway program.
    (b) In the case of a design-build project funded with title 23 
funds, the requirements of 49 CFR part 26 and the State's approved DBE 
plan apply. If DBE goals are set, DBE commitments above the goal must 
not be used as a proposal evaluation factor in determining the 
successful offeror.

[67 FR 75925, Dec. 10, 2002]