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. § 23.47

What is the base for a recipient's goal for concessions other than car rentals?

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(a) As a recipient, the base for your goal includes the total gross receipts of concessions, except as otherwise provided in this section.

(b) This base does not include the gross receipts of car rental operations.

(c) The dollar amount of a management contract or subcontract with a non-ACDBE and the gross receipts of business activities to which a management or subcontract with a non-ACDBE pertains are not added to this base.

(d) This base does not include any portion of a firm's estimated gross receipts that will not be generated from a concession.

Example to paragraph (d):A firm operates a restaurant in the airport terminal which serves the traveling public and under the same lease agreement, provides in-flight catering service to air carriers. The projected gross receipts from the restaurant are included in the overall goal calculation, while the gross receipts to be earned by the in-flight catering services are not.
Notes of Decisions
Cited in 2 cases, 1985–1990 · 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 3× “49 C.F.R. § 23.47 (a). It is only when the prime contractor is not a disadvantaged business that the status of the subcontractors becomes relevant under the federal regulations.”
Mainelli v. United States, 611 F. Supp. 606 (D.R.I. 1985). “was to determine whether, in light of the subcontracting to a non-minority firm, the Joint Venture was performing, as the federal regulations require, a “commercially useful function,” 49 C.F.R. § 23.47 (d)(1). Pursuant to its investigation, R.”
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