# 49 CFR § 26.21: Who must have a DBE program?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-49-26.21

## Section

- **Citation:** 49 CFR § 26.21
- **Heading:** Who must have a DBE program?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 49—Transportation > Subtitle A—Office of the Secretary of Transportation > PART 26—PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS > Subpart B—Administrative Requirements for DBE Programs for Federally Assisted Contracting

## Text

(a) If you are in one of these categories and let DOT-assisted contracts, you must have a DBE program meeting the requirements of this part:
(1) All FHWA primary recipients receiving funds authorized by a statute to which this part applies;
(2) All FTA recipients receiving planning, capital and/or operating assistance must maintain a DBE program.
(i) FTA Tier I recipients must have a DBE program meeting all the requirements of this part.
(ii) Beginning 180 days after the publication of the final rule, FTA Tier II recipients must maintain a program locally meeting the following requirements of this part:
(A) Reporting and recordkeeping under § 26.11;
(B) Contract assurances under § 26.13;
(C) Policy statement under § 26.23;
(D) Fostering small business participation under § 26.39; and
(E) Transit vehicle procurements under § 26.49.
(3) FAA recipients receiving grants for airport planning or development that will award prime contracts the cumulative total value of which exceeds $250,000 in FAA funds in a Federal fiscal year.
(b)(1) You must submit a conforming DBE program to the concerned Operating Administration (OA). Once the OA has approved your program, the approval counts for all of your DOT-assisted programs (except goals that are reviewed by the relevant OA).
(2) You do not have to submit regular updates of your DBE program plan if you remain in compliance with this part. However, you must submit significant changes to the relevant OA for approval.
(c) You are not eligible to receive DOT financial assistance unless DOT has approved your DBE program and you are in compliance with it and this part. You must continue to carry out your DBE program until all funds from DOT financial assistance have been expended.
[89 FR 24965, Apr. 9, 2024]

## Nearby sections

- [49 CFR § 26.1 § 26.1 What are the objectives of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.1.md)
- [49 CFR § 26.3 § 26.3 To whom does this part apply?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.3.md)
- [49 CFR § 26.5 § 26.5 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.5.md)
- [49 CFR § 26.7 § 26.7 What discriminatory actions are forbidden?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.7.md)
- [49 CFR § 26.9 § 26.9 How does the Department issue guidance and interpretations under this part?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.9.md)
- [49 CFR § 26.11 § 26.11 What records do recipients keep and report?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.11.md)
- [49 CFR § 26.13 § 26.13 What assurances must recipients and contractors make?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.13.md)
- [49 CFR § 26.15 § 26.15 How can recipients apply for exemptions or waivers?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.15.md)
- [49 CFR § 26.21 § 26.21 Who must have a DBE program?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.21.md)
- [49 CFR § 26.23 § 26.23 What is the requirement for a policy statement?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.23.md)
- [49 CFR § 26.25 § 26.25 What is the requirement for a liaison officer?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.25.md)
- [49 CFR § 26.27 § 26.27 What efforts must recipients make concerning DBE financial institutions?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.27.md)
- [49 CFR § 26.29 § 26.29 What prompt payment mechanisms must recipients have?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.29.md)
- [49 CFR § 26.31 § 26.31 What information must a UCP include in its DBE/ACDBE directory?](https://www.frixlaw.com/law-library/statutes/ecfr-49-26.31.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-49-26.21. Check the current official text before relying on it. Not legal advice.