[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR23.37]

[Page 209-210]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 23_PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISE IN AIRPORT 
CONCESSIONS--Table of Contents
 
            Subpart C_Certification and Eligibility of ACDBEs
 
Sec.  23.37  Are firms certified under 49 CFR part 26 eligible to participate 
as ACDBEs?

    (a) You must presume that a firm that is certified as a DBE under 
part 26 is eligible to participate as an ACDBE. By meeting the size, 
disadvantage (including personal net worth), ownership and control 
standards of part 26, the firm will have also met the eligibility 
standards for part 23.
    (b) However, before certifying such a firm, you must ensure that the 
disadvantaged owners of a DBE certified

[[Page 210]]

under part 26 are able to control the firm with respect to its activity 
in the concessions program. In addition, you are not required to certify 
a part 26 DBE as a part 23 ACDBE if the firm does not do work relevant 
to the airport's concessions program.