Business with VIA Office of Small Business Enterprise

Status of the Federal Disadvantaged Business Enterprise (DBE) Program: In accordance with U.S. DOTs Interim Final Rule (IFR), Disadvantaged Business Enterprise Program and Disadvantaged Business Enterprise in Airport Concessions Program Implementation Modifications, 90 Fed. Reg. 47,969 (October 3, 2025) pertaining to the DBE Program and 49 C.F.R. Part 26, VIA is pausing establishment of DBE and enforcement of DBE goal compliance requirements until further notice.

Status of the Federal Disadvantaged Business Enterprise (DBE) Program: In accordance with U.S. DOTs Interim Final Rule (IFR), Disadvantaged Business Enterprise Program and Disadvantaged Business Enterprise in Airport Concessions Program Implementation Modifications, 90 Fed. Reg. 47,969 (October 3, 2025) pertaining to the DBE Program and 49 C.F.R. Part 26, VIA is pausing establishment of DBE and enforcement of DBE goal compliance requirements until further notice.

It is the estimate of an overall opportunity that exists for DBE participation on contracts. The goal is calculated according to a method approved by the Federal Transit Administration (FTA) and submitted every 3 years for review and approval.

No. Any business, no matter who owns it, may compete for any VIA solicitation, either as a Prime Contractor or as a Subcontractor, whether or not they are certified as a DBE. However, if your firm is seeking to perform work on a solicitation as a DBE, you must first obtain DBE certification.

The Office of Small Business Enterprise (OSBE) reviews solicitations to determine whether they present opportunities for DBEs. Based on federal guidelines, OSBE may set goals for the participation of DBEs on a solicitation, help the Prime Contractor find qualified DBE Subcontractors, and monitor the performance of the Prime Contractor to ensure that it is using good faith efforts to meet participation goals. Prior to issuing a Request for Proposal (RFP) or Invitation for Bid (IFB), OSBE establishes contract-specific goals based on availability of DBE firms.

When OSBE establishes a goal for DBE participation, Prime Contractors will seek to identify qualified DBE firms to meet solicitation goals. In general, those contractors will look for firms that have already been certified as DBEs. Being a certified DBE may also open the door to opportunities for growing your business, by making it easier for you to market to VIA and other governmental entities. You will also gain the advantage of having your business listed in the Texas Unified Certification Program (TUCP) Directory of Certified DBE Firms. Prime Contractors use the directory to identify DBEs for participation in their bids.

Status of the Federal Disadvantaged Business Enterprise (DBE) Program: In accordance with U.S. DOTs Interim Final Rule (IFR), Disadvantaged Business Enterprise Program and Disadvantaged Business Enterprise in Airport Concessions Program Implementation Modifications, 90 Fed. Reg. 47,969 (October 3, 2025) pertaining to the DBE Program and 49 C.F.R. Part 26, VIA is pausing establishment of DBE and enforcement of DBE goal compliance requirements until further notice.

If your firm’s headquarters is in the state of Texas, please refer to the attached TUCP Certifying Agency Region Map for the agency that corresponds to your location. If your firm is from a state other than Texas, please refer to your home state’s Unified Certification Program (UCP) to get certified as a DBE. If you are in the SCTRCA jurisdiction, you’ll need to complete a DBE Certification Application. Then SCTRCA will conduct a certification review pursuant to federal regulations.

The certification process may take up to 90 days.

A bidder is required to make “good faith efforts” when the firm determines that it can’t meet the stated DBE goal. Types of actions considered as part of a bidder’s “good faith efforts” include, but are not limited to, the following:

• Adequate solicitation of DBE Subcontractors through all reasonable and available means, with sufficient time for Subcontractors to respond.
• Selecting portions of the work to be performed in order to increase the likelihood that the goals will be achieved.
• Providing interested potential Subcontractors with adequate information about the plans, specifications and requirements of a solicitation in a timely manner.
• Not rejecting potential Subcontractors as unqualified without objective criteria based on a thorough investigation of their capabilities.

The UCP provides one-stop shopping for DBE firms. One unified directory, including all certified DBE firms, is available for the entire State. The advantages for the DBE firms are: one certification will enable them to be eligible to fulfill DBE goals set on any project with any governmental agency receiving FTA funding in Texas; and the DBE firms will also have more visibility due to the unified statewide directory.

To be considered for solicitations under $100,000 or “informal bids”, all firms must be a registered vendor in the Compliance Reporting System (CRS) because firms are solicited directly. DBE and/or SBE certified firms are especially encouraged to register. Procurement typically gives firms five (5) days to respond to the solicitation. Vendors can also reach out to Procurement staff to find out if there are opportunities in their area of expertise. Please be advised that a vendor registration is not the same as a DBE/ SBE certification. You must complete the certification process from one of the six (6) TUCP agencies in order to get certified as a DBE and/or SBE.

To be considered for micro-purchases, all firms must be a registered vendor in the Compliance Reporting System (CRS) because firms are solicited directly. DBE and/or SBE certified firms are especially encouraged to register. Procurement typically gives firms two (2) days or less to respond to the solicitation. Vendors can also reach out to Procurement staff to find out if there are opportunities in their area of expertise. Please be advised that a vendor registration is not the same as a DBE/ SBE certification. You must complete the certification process from one of the six (6) TUCP agencies in order to get certified as a DBE and/or SBE.

VIA monitors and enforces Prevailing Wages through the submission of certified payrolls by the Prime Contractor and all tier Subcontractors on federally funded construction contracts over $2,000.

At the time of bid, bidders are required to submit all DBE and SBE participation forms provided in the solicitation package. After contract award, OSBE conducts desk audits of all contracts and requires all contractors to enter payments into the Compliance Reporting System to ensure payment is made to all DBEs and SBEs for work completed.

DBE goals are established on federally-funded contracts, whereas, SBE goals are established on locally-funded contracts.

Please refer to the Registration Guide.