Airport DBE/ACDBE Program Compliance
The DBE program (49 CFR Part 26) applies to federally assisted airport contracts and is triggered when an airport receives FAA grants exceeding $250,000 in a fiscal year. The ACDBE program (49 CFR Part 23) applies to airport concession activities and is triggered for all primary airports that have received federal development funds since January 1, 1988. On October 3, 2025, DOT issued an Interim Final Rule eliminating race- and sex-based presumptions of disadvantage and requiring all applicants to affirmatively demonstrate social and economic disadvantage through individualized narratives, the most significant change to both programs since 2010 (per DOT, October 3, 2025 IFR preamble, 90 FR 80736). Airports must suspend DBE goal-setting and counting until their Unified Certification Program completes mandatory reevaluation of all currently certified firms. The implementation timeline and operational implications are detailed below.
2026-03-09 — Pass 2 Rule 9 compliance: rewrote 8 unanchored qualifiers ("most consequential alteration," "fundamental," "several"), softened 1 directive phrase ("should" → "may wish"), anchored to DOT IFR preamble citations.
2026-03-06 — Initial publication
Statutory Foundation
Two federal programs govern participation by disadvantaged businesses in airport-related contracts and concessions: the Disadvantaged Business Enterprise (DBE) program and the Airport Concessions Disadvantaged Business Enterprise (ACDBE) program.
The DBE program is codified at 49 CFR Part 26. It applies to contracts funded with federal financial assistance from the Department of Transportation, including airport construction and professional services contracts funded through the Airport Improvement Program (AIP). Under § 26.21(a)(3), an FAA recipient that receives grants for airport planning or development must maintain a DBE program if it will award prime contracts with a cumulative total value exceeding $250,000 in FAA funds in a federal fiscal year.
The ACDBE program is codified at 49 CFR Part 23. It applies to airport concession activities—food and beverage, retail, car rental, parking, and other services provided to the public at the airport. The statutory authority for ACDBE is 49 U.S.C. § 47107(e), which conditions AIP grant eligibility on assurances that the airport operator will maintain an ACDBE program. The ACDBE program applies to all primary airports that have received federal funds authorized for airport development after January 1, 1988.
Both programs were updated by a DOT final rule published April 9, 2024 (effective May 9, 2024), which modernized eligibility thresholds and certification procedures. Both programs were then amended by an Interim Final Rule (IFR) published October 3, 2025, which eliminated race- and sex-based presumptions of disadvantage. The October 2025 IFR is discussed in detail below.
DBE vs. ACDBE: Scope and Applicability
The two programs address different categories of airport spending:
| Feature | DBE (49 CFR Part 26) | ACDBE (49 CFR Part 23) |
|---|---|---|
| Applies to | Federally assisted contracts (construction, professional services, equipment) | Airport concession activities (food/beverage, retail, car rental, parking, advertising, management contracts) |
| Funding trigger | AIP grants exceeding $250,000 in a FFY | Receipt of federal airport development funds after January 1, 1988 |
| Size standard | $31.84 million average annual gross receipts (3-year average, FHWA/FTA contracts); FAA-funded contracts subject only to SBA NAICS size standards | $56.42 million average annual gross receipts (5-year average); car rental: $75.23 million; banks: $1 billion in assets |
| PNW cap | $2,047,000 (effective May 9, 2024) | $2,047,000 (same) |
| Goal structure | One overall triennial goal for all DOT-assisted contracts | Two separate triennial goals: (1) car rental concessions and (2) non-car-rental concessions |
| Goal triggers | All recipients meeting the $250,000 threshold | Car rental goal: average annual car rental revenue exceeds $200,000; non-car-rental goal: average annual concession revenue exceeds $200,000 |
A firm certified as a DBE under Part 26 is presumed to meet the size, disadvantage, ownership, and control requirements for ACDBE certification under Part 23. The certifying agency must verify only that the firm's owner meets the Part 23 personal net worth (PNW) cap and that the disadvantaged owner can control the firm with respect to concession activities.
Certification Eligibility
To be certified as a DBE or ACDBE, a firm must meet three categories of requirements.
Ownership and Control
The firm must be at least 51% owned by one or more individuals who are socially and economically disadvantaged. In the case of a corporation, 51% of the stock must be owned by such individuals. The disadvantaged owners must also control the management and daily business operations of the firm.