Guidance to Complete New DBE Implementation Plans

Section 26.39 12/6/2011

The following questions and answers relate to implementation of Section 26.39 Fostering Small Business Participation

1. What are recipients required to submit to the concerned operating administration (OA) to comply with 49 CFR § 26.39?

2. By what date must the small business element be implemented?

3. Must the recipient address each of the strategies presented as examples in the rule as part of its submission?

4. How should recipients define a small business when developing a small business program to foster small business participation?

5. Should a personal net worth (PNW) requirement be a part of any small business program used to comply with this requirement?

6. Could a micro-small business program be an appropriate part of a small business element in a DBE program?

7. Are small business goals required?

8. Can supportive services programs be used to meet the requirements of section 26.39?

9. Should a small business program include a verification requirement? If so, may a recipient rely upon or accept the verification process used by another entity?

10. Are recipients expected to report on the level of small business participation achieved through their program?

11. How is the small business program element requirement to be applied to sub-recipients?

12. How does this Q&A relate to guidance posted July 15, 2009, titled "What actions should a recipient take before implementing a small business program on federally assisted projects as a race- and gender-neutral means of facilitating DBE participation in meeting the recipientís overall goal?"

13. The DBE rule appears to prohibit set-asides. How, then, is it permitted to have small business set-asides as part of the small business program element?