Increased DBE/ACDBE Size Standards
The Department of Transportation issued a final rule on December 14, 2020, applicable to the Disadvantaged Business Enterprises (DBE) program regarding an annual inflationary adjustment to the business size standard (business size limit/gross receipts cap) for businesses participating in the DBE program under 49 CFR part 26 and pursuant to the Infrastructure Investment and Jobs Act of 2021.
- Effective March 1, 2022 the business size standard for applicant and certified DBEs seeking to participate in FHWA and FTA-assisted contracts is $28.48 million (adjusted from $26.29 million). This adjustment does not apply to the Airport Concession DBE (ACDBE) program under 49 CFR part 23.
- Applicant and certified firms must still meet the size standard appropriate to the type of work the firm seeks to perform on DOT-assisted contracts. Business size standards vary by industry according to the North American Industry Classification System (NAICS) code(s) defined by the Small Business Administration (SBA).
- The $28.48 million business size standard does not apply to FAA-assisted projects. DBE firms participating in FAA-assisted projects must meet the size standard appropriate to the type of work, based solely on the applicable NAICS code size standard for that work. Unified Certification Program (UCP) directories must clearly indicate which firms are only eligible for counting on FAA-assisted work.