[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: 49CFR26.84]

[Page 313]
 
                        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 E_Certification Procedures
 
Sec.  26.84  How do recipients process applications submitted pursuant to 
the DOT/SBA MOU?

    (a) When an SBA-certified firm applies for certification pursuant to 
the DOT/SBA MOU, you must accept the certification applications, forms 
and packages submitted by a firm to the SBA for either the 8(a) BD or 
SDB programs, in lieu of requiring the applicant firm to complete your 
own application forms and packages. The applicant may submit the package 
directly, or may request that the SBA forward the package to you. 
Pursuant to the MOU, the SBA will forward the package within thirty 
days.
    (b) If necessary, you may request additional relevant information 
from the SBA. The SBA will provide this additional material within 
forty-five days of your written request.
    (c) Before certifying a firm based on its 8(a) BD or SDB 
certification, you must conduct an on-site review of the firm (see Sec.  
26.83(c)(1)). If the SBA conducted an on-site review, you may rely on 
the SBA's report of the on-site review. In connection with this review, 
you may also request additional relevant information from the firm.
    (d) Unless you determine, based on the on-site review and 
information obtained in connection with it, that the firm does not meet 
the eligibility requirements of Subpart D of this part, you must certify 
the firm.
    (e) You are not required to process an application for certification 
from an SBA-certified firm having its principal place of business 
outside the state(s) in which you operate unless there is a report of a 
``home state'' on-site review on which you may rely.
    (f) You are not required to process an application for certification 
from an SBA-certified firm if the firm does not provide products or 
services that you use in your DOT-assisted programs or airport 
concessions.

[68 FR 35555, June 16, 2003]