The Department of Transportation issued a final rule on December 14, 2020 for the Department to make an annual inflationary adjustment to the Disadvantaged Business Enterprises (DBE) program’s business size limit (business size standard/gross receipts cap) on small businesses participating in the DBE program under 49 CFR Part 26 and pursuant to the Infrastructure Investment and Jobs Act of 2021. The rule does not apply to the Airport Concession DBE (ACDBE) program under 49 CFR part 23.
Effective March 1, 2023 the business size limit for applicant and certified DBEs seeking to participate in FHWA and FTA-assisted contracts is adjusted for inflation from $28.48 million to $30.40 million. A DBE firm must still meet the size standard(s) appropriate to the type(s) of work the firm seeks to perform in DOT-assisted contracts. These standards vary by industry according to the NAICS code(s) defined by the Small Business Administration (SBA).
The adjusted gross receipts cap does not apply to determining a firm’s eligibility for participation in FAA-assisted projects. DBE firms working on FAA-assisted projects must meet the size standard(s) appropriate to the type(s) of work based solely on the applicable NAICS code(s) size standard(s). Unified Certification Program (UCP) directories must clearly indicate which firms are only eligible for counting on FAA-assisted work.
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