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.
Can recipients and UCPS charge application fees to firms seeking DBE certification? Section 26.83(f)
What procedures should a Unified Certification Program (UCP) use to remove or replace the certification functions of one or more of its members? Section 26.81(a)(4)
How do recipients respond to applicants for certification who are certified by another UCP? (Section 26.83)
Can UCPS treat certified DBE firms as new applicants if the UCP member that originally certified the firm no longer certifies firms on behalf of the UCP? (Sections 26.81 – 26.83)
Is it appropriate for UCP’s to require out-of-state applicants to appear in person for an interview? (Section 26.83(c) (1))
Would it be acceptable for a unified certification program (UCP) to be formed by all recipients in a state or region agreeing to one form, process, and procedure that all recipients would use, and DBE firms would only need to apply to one of the recipients involved? (Section 26.81)
Must recipients “recertify” firms every three years? (Section 26.83(h))
What points should UCP members emphasize in working together to make certifications decisions?
Do all recipients have to participate in Unified Certification Programs (UCPs)? Section 26.81
How do recipients respond to applicants for certification who are certified for SBA programs? (Section 26.67(c))
Can recipients and UCPS charge application fees to firms seeking DBE certification? (Section 26.83(f))
What is a “notice of change” and when should recipients require DBE firms to submit one? (Section 26.83(i))
What is a “no change” affidavit and when should recipients require DBE firms to submit one? (Section 26.83(j))
Are DBE and ACDBE firms required to transmit notices of change and affidavits of no change to all recipients/UCPS with which they are certified? (Section 26.83(i)-(j))
Is an on-site review of a firm necessary to certify a firm? To deny certification to the firm? Section (26.83(c)1))
Would it be acceptable for a multi-state unified certification program (UCP) to be formed by states in a region, so that DBE firms would only need to apply to one of the UCP’s involved? (Section 26.81)
What happens if a state fails to respond to DOT comments on its draft UCP? (Section 26.81)
What actions does a recipient take after it requests a currently certified firm to undergo a recertification review?
Are there any circumstances in which a recipient may remove the eligibility of certified DBE firms without going through the procedures of §26.87? (Section 26.87)
When a state makes a significant change to its UCP plan, is it required to resubmit the plan to DOT for approval? (Section 26.81)