Changes to DBE Federal Regulations/BART DBE Program

Effective January 13, 2021, the statutory gross receipts cap for certified DBEs specified in 49 CFR §26.65 has been adjusted for inflation from $23.98 million to $26.29 million. This adjustment applies to the DBE program only, therefore, is also applicable to firms who apply for the District’s Small Business Entity (SBE) certification.

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.