Changes to DBE Federal Regulations/BART DBE Program

Effective February 2011, the United States Department of Transportation issued it Final Rule regarding Disadvantaged Business Enterprise (DBE) Program improvements. Following is a summary of some of the enhanced or changes to 49 CFR Part 26 (DBE regulations):

1.       A DBE can be terminated only for good cause and not for the convenience of the prime contractor and with the written consent of BART.

2.       An Inflationary adjustment was made to increase the personal net worth (PNW) cap from $750,000 to $1.32 million.

3.       Changes were made to the Interstate certification that is intended to make it easier and more uniform for DBEs to get certified in states other than their home state.

4.       Recipients are now required to add an element to their DBE programs to foster small business participation in contracts.

For more detailed information on the latest changes to the DBE regulation, please refer to the US DOT Final Rule, February 2011. Download the complete US DOT Final Rule, February 2011.

Please be advised of the recent change to the federal regulations that govern BART's Disadvantaged Business Enterprise (DBE) program. The DBE program is governed by Federal regulations 49 CFR, Part 26 (Participation by Disadvantaged Business Enterprises in Department of Transportation Programs).

The changes outlined below may be of importance to the success of your opportunities to do work with BART.

  • California Unified Certification Program (CUCP) - Section 26.81(a)
    Effective January 1st, 2002, a major change in the Disadvantaged Business Enterprise (DBE) certification program went into effect in the State of California. The California Unified Certification Program (CUCP) divides the state into two certifying clusters. Each cluster is responsible for certifying Disadvantaged Business Enterprises. The CUCP provides “one stop shopping” to applicants for certification providing them the benefit of only applying once for DBE certification that will be honored by all recipients in the state. We encourage you to maintain your certification status.
  • Pre-certification before Bid / Proposal Submission - Section 26.81(c)
    All certifications by the CUCP shall be pre-certifications; i.e., certifications that have been made final before the due date for bids or offers on a contract on which a firm seeks to participate as a DBE.

Please note the change on pre-certification before bid or proposal submission as BART will no longer accept prospective DBE applications with either bid or proposal, as it had previously.