49 C.F.R. § 26.41
What is the role of the statutory 10 percent goal in this program?
(a) The statutes authorizing this program provide that, except to the extent the Secretary determines otherwise, not less than 10 percent of the authorized funds are to be expended with DBEs.
(b) This 10 percent goal is an aspirational goal at the national level, which the Department uses as a tool in evaluating and monitoring DBEs' opportunities to participate in DOT-assisted contracts.
(c) The national 10 percent goal does not authorize or require recipients to set overall or contract goals at the 10 percent level, or any other particular level, or to take any special administrative steps if their goals are above or below 10 percent.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 2000–2024 · leading case: Midwest Fence Corp. v. United States Dep't of Transp., 840 F.3d 932 (7th Cir. 2016).
Midwest Fence Corp. v. United States Dep't of Transp., 840 F.3d 932 (7th Cir. 2016). “49 C.F.R. § 26.41 . DBEs are small 'businesses owned and controlled by socially and economically disadvantaged individuals.”
United States v. Stamatios Kousisis, 82 F.4th 230 (3rd Cir. 2023). “(“Liberty”) were indicted for (1) conspiracy to commit wire fraud, in violation of § 1349, (2) wire fraud, in violation of § 1343, and (3) false statements, in violation of 18 U.”
Finch v. Commonwealth Health Ins. Connector Auth., 461 Mass. 232 (Mass. 2012). “113 ; 49 C.F.R. § 26.41 (2010). Following the implementation of TEA-21 in 1999, nonminority subcontractors challenged the State programs on equal protection grounds.”
Midwest Fence Corp. v. United States Dep't of Transp., 84 F. Supp. 3d 705 (N.D. Ill. 2015). “49 C.F.R. § 26.41 . Congress has reauthorized the Federal Program on numerous occasions, most recently in 2012 under MAP-21.”
W. States Paving Co. v. Washington State Dep't of Transp., 407 F.3d 983 (9th Cir. 2005). “49 C.F.R. § 26.41 (b)- (c). [7] The TEA-21 regulations instead provide for each State to establish a DBE utilization goal that is based upon the pro- portion of ready, willing, and able DBEs in the State’s trans- portation contracting industry.”
Adarand Constructors, Inc. v. Slater, 228 F.3d 1147 (10th Cir. 2000). “In sum, in conformity with the aspirational nature of the percentage goals of the relevant statutes, the current regulations emphasize that the 10% figure is nothing more than “an aspirational goal at the national level,” 49 C.F.R. § 26.41 (b) (2000), which “does not authorize…”
United States v. Stamatios Kousisis, 66 F.4th 406 (3rd Cir. 2023). “(“Liberty”) were indicted for (1) conspiracy to commit wire fraud, in violation of § 1349, (2) wire fraud, in violation of § 1343, and (3) false statements, in violation of 18 U.”
Sherbrooke Turf, Inc. v. Minnesota Dep't of Transp., 345 F.3d 964 (8th Cir. 2003). “49 C.F.R. § 26.41 (b). Thus, absent bad faith administration of the program, a State’s failure to achieve its overall goal will not be penalized.”
Geod Corp. v. New Jersey Transit Corp., 746 F. Supp. 2d 642 (D.N.J. 2010). “49 C.F.R. § 26.41 (b). Both TEA-21 and SAFETEA-LU incorporate the Small Business Act (“SBA”) definitions for “small business concern” and “socially and economically disadvantaged individuals.”
Best Wood Judge Firewood & Tree Serv. v. United States Dep't of Transp., 784 F. Supp. 2d 1059 (E.D. Wis. 2011). “See 49 C.F.R. §§ 26.41 , 26.45(a)(1). A recipient of USDOT contracts must have a DBE program.”
Midwest Fence Corp. v. TRAN (7th Cir. 2016). “49 C.F.R. § 26.41 . DBEs are small busi- nesses owned and controlled by socially and economically disadvantaged individuals.”
Mid-Am. Milling Co. v. U.S. Dep't of Transp. (E.D. Ky. 2024). “(citing 49 C.F.R. § 26.41 ). Rather, fund recipients— not the federal government—set their own goals based on the DOT’s regulatory guidance.”
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