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.
How should recipients evaluate the commercially useful function performed by DBE contractors performing “furnish and install” contracts? Section 26.55(c)
How does the part 26 requirement that a DBE firm must do 30 percent of the work of a contract with its own forces to perform a commercially useful function relate to some recipients’ requirements that all firms perform a greater percentage (e.g., 50 percent) of the work on all contracts? Section 26.55(c)(3)
May a recipient require that a DBE trucking firm own more than one truck in order to be regarded as performing a commercially useful function? section 26.55(d), 26.73(a)(1)