49 CFR 23.37 - Are firms certified under 49 CFR part 26 eligible to participate as ACDBEs?

Regulations last checked for updates: Oct 17, 2024

Title 49 - Transportation last revised: Oct 15, 2024

View all text of Subpart C [§ 23.31 - § 23.39]

§ 23.37 - Are firms certified under 49 CFR part 26 eligible to participate as ACDBEs?

(a) You must presume that a firm that is certified as a DBE under part 26 is eligible to participate as an ACDBE. By meeting the size, disadvantage (including personal net worth), ownership and control standards of part 26, the firm will have also met the eligibility standards for part 23.

(b) However, before certifying such a firm, you must ensure that the disadvantaged owners of a DBE certified under part 26 are able to control the firm with respect to its activity in the concessions program. In addition, you are not required to certify a part 26 DBE as a part 23 ACDBE if the firm does not perform work or provide services relevant to the airport's concessions program.

[70 FR 14508, Mar. 22, 2005, as amended at 89 FR 24961, Apr. 9, 2024]

authority: 49 U.S.C. 47107 and 47113; 42 U.S.C. 2000d; 49 U.S.C. 322; E.O. 12138, 44 FR 29637, 3 CFR, 1979 Comp., p. 393

source: 70 FR 14508, Mar. 22, 2005, unless otherwise noted.

cite as: 49 CFR 23.37