DBE - Certification Process for Out-Of-State Firms

DBE
Certification Process for Out-Of-State Firms

The United States Department of Transportation (USDOT) has revised the guidelines within 49 CFR Part 26 (see 49 Code Federal Regulation Part 26.85) to facilitate Interstate Certification for Disadvantaged Business Enterprise (DBE) applicants.

The revised regulations with an effective date of February 28, 2011 were created to reduce barriers to certification for out-of-state firms and to encourage DBE firms to compete for business opportunities outside of their home states. Compliance with section 26.85 became a nationwide requirement on January 1, 2012.

Firms which have obtained DBE certification with their home state Unified Certification Program (UCP) may apply for Alabama Department of Transportation (ALDOT) DBE certification. A detailed description of all application forms required by ALDOT is listed on the ALDOT DBE Program link under “Interstate Certification Procedures and Affidavit”. The affidavit must be signed by the owner (s), notarized and submitted to the following ALDOT address along with the application package (see 26.85 (c)).

Alabama Department of Transportation
Compliance and Bureau Opportunities Bureau
DBE Program
1110 John Overton Drive
Montgomery, Al 36110

Upon receipt of a complete application package, ALDOT has 60 days to review and make determinations in regards to certifying or denying an out-of state applicant firm.

If an out-of- state applicant firm is initially determined ineligible to participate in its DBE Program, ALDOT must communicate those objections to the firm. ALDOT will state the specific reasons or objections to the firm’s eligibility. The firm then has the opportunity to respond and present information or arguments which specifically addresses the objections to a decision maker at ALDOT. The firm has the burden of demonstrating to ALDOT by a preponderance of the evidence that it meets the requirements of 49 CFR Subpart D when responding to each objection. The final decision maker at ALDOT is knowledgeable on the eligibility citations within 49 CFR Part 26 and therefore authorized to make certification decisions on its out-of-state applications. Decisions made by ALDOT can by appealed by the out-of-state applicant to USDOT.