C.F.R. » Title 49 » PART 23—PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISE IN AIRPORT CONCESSIONS › Subpart D—Goals, Good Faith Efforts, and Counting

49 C.F.R. § 23.45

What are the requirements for submitting overall goal information to the FAA?

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(a) You must submit your overall goals to the appropriate FAA Regional Civil Rights Office for approval. Your overall goals meeting the requirements of this subpart are due based on a schedule established by the FAA and posted on the FAA's website.

(b) You must then submit goals every three years based on the published schedule.

(c) Timely submission and FAA approval of your overall goals is a condition of eligibility for FAA financial assistance.

(d) In the time before you make your first submission under paragraph (a) of this section, you must continue to use the overall goals that have been approved by the FAA before the effective date of this part.

(e) Your overall goal submission must include a description of the method used to calculate your goals and the data you relied on. You must “show your work” to enable the FAA to understand how you concluded your goals were appropriate. This means that you must provide to the FAA the data, calculations, assumptions, and reasoning used in establishing your goals.

(f) Your submission must include your projection of the portions of your overall goals you propose to meet through use of ACDBE-neutral and ACDBE-conscious means, respectively, and the basis for making this projection (see § 23.51(d)(5)).

(g) FAA may approve or disapprove the way you calculated your goal, including your ACDBE-neutral/ACDBE-conscious “split,” as part of its review of your plan or goal submission. Except as provided in paragraph (h) of this section, the FAA does not approve or disapprove the goal itself (i.e., the number).

(h) If the FAA determines that your goals have not been correctly calculated or the justification is inadequate, the FAA may, after consulting with you, adjust your overall goal or ACDBE-neutral/ACDBE-conscious “split.” The adjusted goal represents the FAA's determination of an appropriate overall goal for ACDBE participation in the recipient's concession program, based on relevant data and analysis. The adjusted goal is binding.

(i) If a new concession opportunity, the estimated average annual gross revenues of which are anticipated to be $200,000 or greater, arises at a time that falls between normal submission dates for overall goals, you must submit an appropriate adjustment to your overall goal to the FAA for approval no later than 90 days before issuing the solicitation for the new concession opportunity.

[70 FR 14508, Mar. 22, 2005, as amended at 77 FR 36931, June 20, 2012; 89 FR 24962, Apr. 9, 2024; 90 FR 47978, Oct. 3, 2025]
Notes of Decisions
Cited in 29 cases, 1981–1999 · leading case: Milwaukee Cnty. Pavers Assoc. v. Fiedler, 731 F. Supp. 1395 (W.D. Wis. 1990).
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Milwaukee Cnty. Pavers Assoc. v. Fiedler, 731 F. Supp. 1395 (W.D. Wis. 1990). · cites it 14× “” 49 C.F.R. § 23.45 (g). Any overall goal of less than 10% must be justified with information concerning, among other things, the recipient’s efforts to locate disadvantaged businesses, the recipient’s efforts to make disadvantaged businesses aware of contracting opportunities,…”
Transworld Prods. Co., Inc. v. Canteen Corp., 908 F. Supp. 1 (D.D.C. 1995). · cites it 8× “” 49 C.F.R. § 23.45 (g). Recipients of federal funds must “develop and use affirmative action techniques to facilitate MBE participation in contracting activities.”
O'Donnell Constr. Co. v. Dist. of Columbia, 762 F. Supp. 354 (D.D.C. 1991). · cites it 9× “49 C.F.R. section 23.45, Appendix A, at 176.”
Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo, 981 F.2d 50 (2d Cir. 1992). · cites it 5× “The regulations specify how a state sets its annual goal, see 49 C.F.R. § 23.45 (g) (1991), and provide that failure to meet an annual goal may be excused upon adequate explanation.”
Jones v. Niagara Frontier Transp. Auth., 524 F. Supp. 233 (W.D.N.Y. 1981). · cites it 5× “49 C.F.R. § 23.45 . The regulations provide that a recipient of a Department of Transportation financial assistance grant must comply with relevant federal regulations, including those relating to the Minority Business Enterprise program.”
Milwaukee Cnty. Pavers Ass'n v. Fiedler, 710 F. Supp. 1532 (W.D. Wis. 1989). · cites it 5× “49 C.F.R. § 23.45 (k), as amended at 52 Fed.”
Michigan Road Builders Ass'n, Inc. v. Blanchard, 761 F. Supp. 1303 (W.D. Mich. 1991). · cites it 5× “49 C.F.R. § 23.45 (g)(2)(h); see also 49 C.”
Gilbert Cent. Corp. v. Kemp, 637 F. Supp. 843 (D. Kan. 1986). · cites it 9× “49 C.F.R. § 23.45 (g)(2)(i), (ii). Moreover, such overall and contract goals for MBE participation must be subdivided into participation goals for both DB’s and WBE’s.”
Wyoming Dep't of Transp. v. Straight (In Re Straight), 209 B.R. 540 (D. Wyo. 1997). · cites it 2× “49 CFR 23.45(f)3(iv) require[s] Wyoming Department of Transportation to “analyze the bonding and financial capacity of the firm” for eligibility in the DBE program.”
Tennessee Asphalt Co. v. Robert E. Farris, 942 F.2d 969 (6th Cir. 1991). · cites it 2× “49 C.F.R. § 23.45 (h)(2). The regulations provide guidance as to factors that may be considered by a recipient state in evaluating a bidder’s good faith efforts.”
Gauvin v. Trombatore, 682 F. Supp. 1067 (N.D. Cal. 1988). “49 C.F.R. § 23.45 (g)(1). Only the overall, statewide goals are required to be submitted to the U.”
Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo, 743 F. Supp. 977 (N.D.N.Y. 1990). · cites it 2× “10; see 49 CFR § 23.45 (g); N.Y. Exec.Law § 313 ; N.”
Show all 29 citing cases →
— 49 C.F.R. § 23.45(f) — 3 cases
Wyoming Dep't of Transp. v. Straight (In Re Straight), 143 F.3d 1387 (10th Cir. 1998).
Wyoming Dep't of Transp. v. Straight (In Re Straight), 209 B.R. 540 (D. Wyo. 1997). “49 CFR 23.45(f)3(iv) require[s] Wyoming Department of Transportation to “analyze the bonding and financial capacity of the firm” for eligibility in the DBE program.”
Mabin Constr. Co. v. Missouri High. & Transp. Comm'n, 974 S.W.2d 561 (Mo. Ct. App. 1998).
— 49 C.F.R. § 23.45(f)(3)(iv) — 1 case
Wyoming Dep't of Transp. v. Straight (In Re Straight), 209 B.R. 540 (D. Wyo. 1997). “49 CFR 23.45(f)3(iv) require[s] Wyoming Department of Transportation to “analyze the bonding and financial capacity of the firm” for eligibility in the DBE program.”
— 49 C.F.R. § 23.45(g) — 2 cases
O'Donnell Constr. Co. v. Dist. of Columbia, 762 F. Supp. 354 (D.D.C. 1991). “49 C.F.R. section 23.45, Appendix A, at 176.”
O'Donnell Constr. Co. v. Dist. of Columbia, 815 F. Supp. 473 (D.D.C. 1992).
— 49 C.F.R. § 23.45(g)(1) — 3 cases
Milwaukee Cnty. Pavers Assoc. v. Fiedler, 731 F. Supp. 1395 (W.D. Wis. 1990). “” 49 C.F.R. § 23.45 (g). Any overall goal of less than 10% must be justified with information concerning, among other things, the recipient’s efforts to locate disadvantaged businesses, the recipient’s efforts to make disadvantaged businesses aware of contracting opportunities,…”
O'Donnell Constr. Co. v. Dist. of Columbia, 762 F. Supp. 354 (D.D.C. 1991). “49 C.F.R. section 23.45, Appendix A, at 176.”
O'Donnell Constr. Co. v. Dist. of Columbia, 815 F. Supp. 473 (D.D.C. 1992).
— 49 C.F.R. § 23.45(g)(2)(h) — 1 case
O'Donnell Constr. Co. v. Dist. of Columbia, 815 F. Supp. 473 (D.D.C. 1992).
— 49 C.F.R. § 23.45(g)(2)(ii) — 1 case
O'Donnell Constr. Co. v. Dist. of Columbia, 762 F. Supp. 354 (D.D.C. 1991). “49 C.F.R. section 23.45, Appendix A, at 176.”
— 49 C.F.R. § 23.45(g)(3)(i) — 1 case
O'Donnell Constr. Co. v. Dist. of Columbia, 815 F. Supp. 473 (D.D.C. 1992).
— 49 C.F.R. § 23.45(g)(7) — 1 case
O'Donnell Constr. Co. v. Dist. of Columbia, 762 F. Supp. 354 (D.D.C. 1991). “49 C.F.R. section 23.45, Appendix A, at 176.”
— 49 C.F.R. § 23.45(h)(1) — 2 cases
O'Donnell Constr. Co. v. Dist. of Columbia, 762 F. Supp. 354 (D.D.C. 1991). “49 C.F.R. section 23.45, Appendix A, at 176.”
O'Donnell Constr. Co. v. Dist. of Columbia, 815 F. Supp. 473 (D.D.C. 1992).
— 49 C.F.R. § 23.45(h)(2) — 2 cases
Transworld Prods. Co., Inc. v. Canteen Corp., 908 F. Supp. 1 (D.D.C. 1995). “” 49 C.F.R. § 23.45 (g). Recipients of federal funds must “develop and use affirmative action techniques to facilitate MBE participation in contracting activities.”
O'Donnell Constr. Co. v. Dist. of Columbia, 762 F. Supp. 354 (D.D.C. 1991). “49 C.F.R. section 23.45, Appendix A, at 176.”
— 49 C.F.R. § 23.45(h)(2)(i) — 1 case
Nolan Contracting, Inc. v. Reg'l Transit Auth., 651 F. Supp. 23 (E.D. La. 1986).
— 49 C.F.R. § 23.45(i) — 1 case
Nolan Contracting, Inc. v. Reg'l Transit Auth., 651 F. Supp. 23 (E.D. La. 1986).
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