DBE Certification Procedures Manual
DBE Program Adminstration Manual

Certification Responsibilities

1. State Role

   49 CFR 26 places the primary responsibility for certifying DBE's upon the Alabama Department of Transportation agencies (ALDOT). There are instances, however, in which another State or local agency or authority other than the ALDOT has been assigned this responsibility by State law. Nonetheless, the ALDOT will take the lead role in ensuring that only certifiable DBE's are to participate in federally assisted projects. Knowledge and understanding of the State's DBE program need to permeate other sections within the ALDOT, especially those who are responsible for the administration or the State's construction program.

2. Federal Highway Administration Role

   The FHWA through its Regional and Divisional offices maintains a close liaison with the States in their implementation of the certification process. The FHWA is available to provide technical assistance to the States for clarification and direction necessary to meet the Federal regulatory and administrative directives issued on certification. The FHWA is also required to carry out the oversight and monitoring responsibilities described below:  

   l. Ensure that the State's certification process and actions meet the requirements of 49 CFR 26 and are effectively being implemented through reviews and on site evaluations;

   2. Ensure that questionable certifications are appropriately handled. There may be times when a question arises as to the eligibility of a certified DBE, either through FHWA's review of a State's program or through other means such as third party complaints. FHWA has the responsibility to investigate in such instances. If there is evidence that a State's approved certification process has not been followed or the evidence on file clearly does not support a decision to certify a firm as eligible, the FHWA shall notify the certifying State in writing of the deficiencies found in the certification action and request a reevaluation of the firm's eligibility.