LPA/Subrecipient DBE Compliance

LPA/Subrecipient DBE Compliance

The ADOT Business Engagement and Compliance Office (BECO) works with agencies statewide to ensure compliance with federal and state laws and regulations related to managing federally funded projects. Some of the beneficiaries of federal funds are subrecipients and local public agencies (LPAs), which are defined as follows:

  • LPA: "any city, county, township, municipality, or other political subdivision that may be empowered to cooperate with the State transportation department in highway matters" (23 CFR 635.102).
  • Subrecipient: "any legal entity to which a sub-award of federal financial assistance is made and which is accountable to the recipient for the use of the funds provided" (49 CFR 19.2).

LPAs and subrecipients must comply with Disadvantaged Business Enterprises (DBE), Equal Employment Opportunity and On-the-Job Training federal regulations as a condition of award and to be eligible for federal reimbursement.

Review the appropriate tab above for the applicable DBE requirements for various USDOT modal agencies funding.


FHWA Checklists

 Not applicable to Multi-Modal Planning Subrecipients - see MPD Standard Work.

Reference Documents


ADOT has established a Disadvantaged Business Enterprise program in accordance with the regulations of the U.S. Department of Transportation (USDOT),49 CFR Part 26. As a condition of receipt of funding, ADOT has signed an assurance that it will comply with 49 CFR Part 26. It is ADOT's policy to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in USDOT-assisted contracts. It is also the policy of the department to

  • ensure nondiscrimination in the award and administration of USDOT-assisted contracts.
  • create a level playing field on which DBEs can compete fairly for USDOT-assisted contracts.
  • ensure that the DBE program is narrowly tailored in accordance with applicable law.
  • ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are counted as DBEs.
  • help remove barriers to the participation of DBEs in USDOT-assisted contracts.
  • assist in the development of firms that can compete successfully in the marketplace outside the DBE program.

This site provides forms, guidelines and policies relevant to DBE compliance. Forms are provided for use by Local Public Agencies (LPA). Different forms are required based on whether the contracts are for construction or professional services (Design contracts) and are further separated depending on whether the contract has a goal or not.