DBE FAQs

What is the purpose of the DBE Program?

The primary goal and objective of the DBE program is to level the playing field for businesses owned and controlled by socially and economically disadvantaged individuals and create a fair opportunity to compete for federally funded transportation contracts.

What is a Disadvantaged Business Enterprise (DBE)?

A DBE is a for-profit small business that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

How did the United States Department of Transportation (USDOT) Interim Final Rule update the DBE program?

On October 3, 2025, the United States Department of Transportation (USDOT) issued an Interim Final Rule (IFR) updating language around the qualifications to receive a DBE certification.  To ensure a level playing field between existing participants and new applicants, while also eliminating the effects of the presumptions and reliance in whole or in part on claims of disadvantage based on race or sex, this IFR requires each Unified Certification Program (UCP) to reevaluate any currently certified DBE, to recertify any DBE that meets the new certification standards, and to decertify any DBE that does not meet the new certification standards.

The IFR includes certain requirements that apply during the reevaluation process, such as pausing DBE goal setting on new solicitations and pausing the enforcement of DBE goals on existing contracts.

How is ATP following the USDOT Interim Final Rule?

ATP is making the necessary changes to remain in full compliance with federal regulations and continue to support a fair, transparent, and legally sound procurement process. As a result, no new DBE goals will be identified on new or existing solicitations. Additionally, the monitoring and enforcement of any DBE goals on existing contracts have been paused.  ATP will continue to update our DBE program to align with changes made by the IFR or future federal changes.

How do I become certified as a DBE?

You must meet the requirements of a DBE as identified in 49 CFR Part 26, including as updated by the IFR.  Then you must be certified through the Texas Unified Certification Program (TUCP).  The TUCP is a certification program for the Federal Disadvantaged Business Enterprise (DBE) Programs in Texas. ATP will accept all certifications from TUCP members. Below is a list of certifying entities in Texas:

  • City of Austin
  • City of Houston
  • Corpus Christi Regional Transportation Authority
  • North Central Texas Regional Certification Agency
  • South Central Texas Regional Certification Agency
  • Texas Department of Transportation

If my business is DBE certified in another state, do I still need to be certified as a DBE in Texas?

Yes. DBE firms certified in other states as their home state are required to follow the Interstate certification expectations as outlined in 49 CFR §26.85(c) of the Code of Federal Regulations.  See the list of certifying entities in the State of Texas above.

How can I locate certified DBE firms?

Search the TUCP directory for firms certified as a DBE in Texas.

What is expected of contractors after a contract award?

All firms (DBE and non-DBEs) are expected to meet performance standards as established by the contract. This includes, but is not limited to, the quality of work performed, the submission of reports, DBE compliance requirements, and other information in a timely manner.