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DBE Final Rule
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Section 26.31 What Requirements Pertain to the DBE Directory?
Recipients maintain directories listing certified DBEs. The issue
most discussed by commenters on this section was whether the directory
should include material concerning the qualifications of the firm to do
various sorts of work. For example, has the firm been pre-qualified by
the recipient? Can it do creditable work? What kinds of work does the
firm prefer to do? Some commenters also asked that the directory should
list the geographical areas in which the firm is willing to work. Other
commenters opposed the idea of including this kind of information in
the directory.
The Department believes that the directory and the certification
process are closely intertwined. The primary purpose of the directory
is to show the results of the certification process. Consequently, the
directory should list all firms that the recipient has certified, along
with basic identifying information for the firm. Since certification
under this rule pertains to the various kinds of work a firm's
disadvantaged owners can control, it is important to list those kinds
of work in the directory. For example, if a firm seeks to work in
fields A, B, and C, but the recipient has determined that its
disadvantaged owners can control its operations only with respect to A
and B, then the directory would recite that the firm is certified to
perform work as a DBE in fields A and B.
The focus of the directory is intended to be eligibility. A
directory is a list of firms that have been certified as eligible DBEs,
with sufficient identifying information to permit interested firms to
contact the DBEs. We do not intend to turn a recipient's directory into
a comprehensive business resource manual. For example, information
about firms' qualifications, geographical preferences for work,
performance track record, capitalization, etc. are not required to be
part of the directory. Some commenters favored including one or more of
these elements, but we are concerned that other business information--
however useful in its own right--could clutter up the directory and
dilute its focus on certification.
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