DOT has released Official FAQs on DBE Program Regulations. These questions and answers provide guidance and information for compliance with the provisions under 49 CFR part 26. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations.
Should recipients treat as evidence of good faith efforts to meet contract goals the proposed use of potential DBE firms that are not certified in the recipient’s state? Section 26.53(b) (2) (vi); Appendix A
May a recipient consider a bidder’s “track record” in using DBEs as it evaluates the firm’s good faith efforts? Section 26.53 Appendix A
Do recipients apply post-award good faith efforts requirements to contracts on which there is no contract goal? Section 26.53(f)
May a prime contractor use the union or non-union status of a DBE firm as a good-faith reason for not selecting the firm to work on a contact or as good cause to terminate the firm from a contract? Section 26.53 (f); Appendix A (IV) (E)
What, and how much, assistance is it appropriate for a prime contractor to provide to a DBE?