[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: 49CFR26.49]

[Page 295]
 
                        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 C_Goals, Good Faith Efforts, and Counting
 
Sec.  26.49  How are overall goals established for transit vehicle 
manufacturers?

    (a) If you are an FTA recipient, you must require in your DBE 
program that each transit vehicle manufacturer, as a condition of being 
authorized to bid or propose on FTA-assisted transit vehicle 
procurements, certify that it has complied with the requirements of this 
section. You do not include FTA assistance used in transit vehicle 
procurements in the base amount from which your overall goal is 
calculated.
    (b) If you are a transit vehicle manufacturer, you must establish 
and submit for FTA's approval an annual overall percentage goal. In 
setting your overall goal, you should be guided, to the extent 
applicable, by the principles underlying Sec.  26.45. The base from 
which you calculate this goal is the amount of FTA financial assistance 
included in transit vehicle contracts you will perform during the fiscal 
year in question. You must exclude from this base funds attributable to 
work performed outside the United States and its territories, 
possessions, and commonwealths. The requirements and procedures of this 
part with respect to submission and approval of overall goals apply to 
you as they do to recipients.
    (c) As a transit vehicle manufacturer, you may make the 
certification required by this section if you have submitted the goal 
this section requires and FTA has approved it or not disapproved it.
    (d) As a recipient, you may, with FTA approval, establish project-
specific goals for DBE participation in the procurement of transit 
vehicles in lieu of complying through the procedures of this section.
    (e) If you are an FHWA or FAA recipient, you may, with FHWA or FAA 
approval, use the procedures of this section with respect to 
procurements of vehicles or specialized equipment. If you choose to do 
so, then the manufacturers of this equipment must meet the same 
requirements (including goal approval by FHWA or FAA) as transit vehicle 
manufacturers must meet in FTA-assisted procurements.