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.
https://www.transportation.gov/DBEsizestandards