Whether it is from projects with CTA, Metra, or IDOT, there are millions of dollars in contracts that are bid each year which include a Disadvantaged Business Enterprise (DBE) goal. To be qualified as a DBE, the business owner or owners must meet specific requirements in three categories: ownership, control, and financial conditions.
These are set forth by federal statute.
The owner must be part of a presumed group, including women and specified minorities. The company must be owned and controlled by a person or persons qualifying under the statute. This person must also be a US citizen.
The owner or owners who qualify as DBE must both own more than 50% of the company and they must actually be in a position to control the company. The owner must be able to demonstrate their control of the company including the ability to hire and fire, and knowledge of the business in terms of technical competency and financial matters.
Under the law, the owner or owners must have a net worth of less than $1.32 million dollars. Items excluded from a person’s net worth calculation include an individual’s ownership interest in the company and their equity in their primary residence.
To qualify as a DBE, the company may not have annual gross receipts over $22,410,000 in the previous three fiscal years ($52,470,000 for airport concessionaires with some exceptions). Under recent law, this amount will be updated every year by the Secretary of the Department of Transportation.
Once your business is certified, be sure to renew it each year. Each year, billions of dollars in government-funded projects are up for bids. Whether you are a marketing firm, an engineering firm, manufacturer, or painter, your DBE certification puts you in a position bid or be part of a bid for large government contracts.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.
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