Disadvantage Business Enterprise Program Rules

The Disadvantaged Business Enterprise Program is a federally mandated program administered by MoDOT’s External Civil Rights Division. The office is responsible for the certification of firms owned and operated by socially and economically disadvantage individuals. 

The overall goal of the program is to provide opportunities to participate in the economic benefits of highway construction to small businesses owned and operated by disadvantaged individuals. 

RuleSummaryFull Text
7CSR 10-8Disadvantaged Business Enterprise Program
7CSR 10-8.011PURPOSE: This rule defines terms applicable to the Disadvantaged
Business Enterprise (DBE) Program established by the Missouri
Department of Transportation (MoDOT) in this chapter, in accordance
with Title 49 Code of Federal Regulations part 26, section 1101(b) of
the Transportation Equity Act for the 21st Century (TEA-21), Public Law
105-178, 112 Stat. 107, 113, and in accordance with MoDOT's approved
DBE Program submittals to the U.S. Department of Transportation
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7CSR 10-8.021PURPOSE: This rule provides general information regarding MoDOT's
implementation of the DBE Program requirements of Title 49 Code of
Federal Regulations part 26 in USDOT-assisted programs and contracts.
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7CSR 10-8.031PURPOSE: This regulation describes which individuals, entities and
firms are governed and bound by the DBE Program regulations in this
chapter, the USDOT DBE Program regulations at 49 CFR part 26, and
the USDOT-approved MoDOT DBE Program submissions.
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7CSR 10-8.041PURPOSE: This rule describes, under federal and state law, when the
different components of the USDOT and MoDOT DBE Program became
effective in Missouri.
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7CSR 10-8.051PURPOSE: This rule describes the procedures and policies which
MoDOT will use to certify firms as DBEs under federal law.
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7CSR 10-8.061PURPOSE: This rule describes Missouri's Unified Certification Program
(UCP) for USDOT DBE certification when that program has been
established by MoDOT with other USDOT recipients in Missouri; and
until then, to state that no such UCP program currently exists in
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7CSR 10-8.071PURPOSE: This rule describes the various affidavits and other
documents each currently certified DBE firm must file with MoDOT to
remain certified; and the legal implications for a DBE firm which fails
to timely file the required affidavit or other documents.
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7CSR 10-8.081PURPOSE: This rule discusses the procedures for, and confidentiality
governing, the filing of a DBE firm ineligibility complaint, in
accordance with 49 CFR sections 26.87(a) and 26.109(b).
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7CSR 10-8.091PURPOSE: This rule complies with the requirements of 49 CFR sections
26.67, 26.87 and 26.89, by specifying the grounds for which MoDOT may
institute proceedings to remove a firm's DBE certification and eligibility,
and the hearing or other due process procedures involved.
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7CSR 10-8.101PURPOSE: This rule advises of the legal effect of a USDOT DBE
certification appeal upon MoDOT, and upon the other parties involved.
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7CSR 10-8.111PURPOSE: This rule sets forth the DBE Program requirements for the
prompt payment of contractors, subcontractors and suppliers, plus
related record keeping and audit requirements, on federally-assisted
contracts awarded by MoDOT or any other Missouri recipient
receiving USDOT funding through MoDOT.
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7CSR 10-8.121PURPOSE: This rule describes how MoDOT will set its annual DBE
Program goal, and its individual contract goals on USDOT-assisted
contract work.
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7CSR 10-8.131PURPOSE: This rule describes how DBE firm participation credit
will be awarded by MoDOT toward a USDOT-assisted contract
DBE participation goal.
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7CSR 10-8.141PURPOSE: This rule sets forth the MoDOT requirements and
processes for determining if a bidder has made a good faith
effort to achieve a DBE contract goal in a USDOT-assisted
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7CSR 10-8.151PURPOSE: This rule describes when a DBE firm performs a
commercially useful function, and how MoDOT and USDOT
enforce that requirement in the DBE Program.
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7CSR 10-8.161PURPOSE: This rule complies with the USDOT requirements
of 49 CFR part 26 on the confidentiality of financial and other
confidential information submitted to MoDOT in and for the
DBE Program.
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