[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.33]

[Page 271]
 
                        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. 26.33  What steps must a recipient take to address overconcentration 
of DBEs in certain types of work?

    (a) If you determine that DBE firms are so overconcentrated in a 
certain type of work as to unduly burden the opportunity of non-DBE 
firms to participate in this type of work, you must devise appropriate 
measures to address this overconcentration.
    (b) These measures may include the use of incentives, technical 
assistance, business development programs, mentor-protege programs, and 
other appropriate measures designed to assist DBEs in performing work 
outside of the specific field in which you have determined that non-DBEs 
are unduly burdened. You may also consider varying your use of contract 
goals, to the extent consistent with Sec. 26.51, to unsure that non-
DBEs are not unfairly prevented from competing for subcontracts.
    (c) You must obtain the approval of the concerned DOT operating 
administration for your determination of overconcentration and the 
measures you devise to address it. Once approved, the measures become 
part of your DBE program.