DEPARTMENT OF TRANSPORTATION - DBE PROGRAM – 49 CFR PART 26 - SAMPLE DBE PROGRAM - Policy Statement and General Requirements

Sep 2, 2026

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Sample DBE Program for the U.S. Department of Transportation establishes a Disadvantaged Business Enterprise framework under 49 CFR Part 26. It summarizes how DOT’s Part 26 rule evolved from earlier Part 23 provisions through subsequent final rules. The document explains that recipients may adapt the sample as a guide while ensuring continued compliance. It outlines the policy statement, objectives, applicability, definitions, and non-discrimination requirements, including DBE equal opportunity and responsibilities of a delegated DBE Liaison Officer.

LanguageEnglish

CategoryForms

FormatDOCX

Pages51

Reading Time18 min

AccessFree to download

Policy Statement

26.1 Objectives/Policy Statement

General Requirements

26.1 Objectives

26.3 Applicability

26.5 Definitions

26.7 Non-discrimination Requirements

DEPARTMENT OF TRANSPORTATION DBE PROGRAM – 49 CFR PART 26 SAMPLE DBE PROGRAM DOT published Title 49 of the Code of Federal Regulations (49 CFR) Part 26 in the Federal Register on February 2, 1999, and it became effective March 4, 1999 (64 F.R. 5096). It made extensive revisions to DOT’s DBE program, which was formerly codified under 49 CFR Part 23. The Final Rule to 49 CFR Part 26 was published in the Federal Register, Volume 68, No. 115 on June 16, 2003. Five (5) subsequent Final Rules to 49 CFR Part 26 were published in the Federal Register on April 2, 2007, April 3, 2009, February 3, 2010, January 28, 2011 and November 3, 2014, which made additional revisions to the regulation. The current version of the regulations is available online in the Electronic Code of Federal Regulations: HYPERLINK "http://www.ecfr.gov/cgi-bin/ECFR?page=browse" http://www.ecfr.gov/cgi-bin/ECFR?page=browse. This Sample DBE Program is provided for informational purposes, and recipients are not required to use it or its format. However, recipients may wish to use it as a guide in preparing their program documents. Recipients may customize the sample program to fit their circumstances, but care should be exercised to ensure any modifications still result in a program that is compliant with the requirements 49 CFR Part 26 (hereafter referred to as “Part 26”), as amended. At a number of points the Sample DBE Program refers to provisions of Part 26, always referenced in the format “§26.[x].” Recipients may quote referenced portions of the rule in their program if they wish, but they are not required to do so. The Sample DBE Program also contains sample language for some documents that are part of or related to the program. Except where otherwise noted, this sample language is for illustrative purposes only. Recipients are not required to use the sample language unless explicitly stated either in Part 26 or this Sample DBE Program. In most cases, recipients may use their own language as long as it meets regulatory requirements. In the sample program, instructions and notes are identified by bracketed italics (e.g., [example]). Recipients should not include the notes in their program documents. This document is available in Microsoft Word format on the FAA Office of Civil Rights website: HYPERLINK "http://www.faa.gov/about/office_org/headquarters_offices/acr/bus_ent_program/dbe_program_adm/" http://www.faa.gov/about/office_org/headquarters_offices/acr/bus_ent_program/dbe_program_adm/. POLICY STATEMENT Section 26.1, 26.23 Objectives/Policy Statement [Recipient], owner of [specify the name of the Airport(s)], has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. [Recipient] has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, [Recipient] has signed an assurance that it will comply with 49 CFR Part 26 (hereafter referred to as “Part 26”). It is the policy of the [Recipient] to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also [Recipient] policy to engage in the following actions on a continuing basis: Ensure nondiscrimination in the award and administration of DOT- assisted contracts; Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; Ensure that the DBE Program is narrowly tailored in accordance with applicable law; Ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; Help remove barriers to the participation of DBEs in DOT assisted contracts; Promote the use of DBEs in all types of federally-assisted contracts and procurement activities; Assist the development of firms that can compete successfully in the market place outside the DBE Program; and Make appropriate use of the flexibili

FAQs

What regulation governs the DBE program in this sample?

The sample program is based on 49 CFR Part 26, as referenced throughout and described as the governing requirements for DBE compliance.

Can recipients use this sample DBE program as-is or must they customize it?

Recipients are not required to use the sample format, but may use it as a guide. Customizations are allowed as long as the resulting program remains compliant with 49 CFR Part 26.

What is included in the program’s policy statement?

The policy statement describes equal opportunity for DBEs in DOT-assisted contracts and lists ongoing actions, including ensuring nondiscrimination and narrowly tailoring the DBE program. It also assigns implementation responsibility to a delegated DBE Liaison Officer.

Sep 2, 2026

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