ABSTRACT

The federal Disadvantaged Business Enterprise Program, referred to as the DBE Program, has been a focal point of debate at the national, state, and local level for over two decades. Authorized and administered under federal law and regulations, the program exists due to the government’s recognition of longstanding discrimination by private contractors and lenders who have repeatedly refused to employ womenowned and minority-owned businesses in federal transportation subcontracting. Since its inception, the DBE Program has never failed to trigger extreme reactions in those compelled to adhere to it (prime contractors required to include DBE commitments in their bid submissions on federally assisted contracts); those who stand to benefi t from it (small for-profi t fi rms that are at least 51 percent owned and controlled by socially and economically disadvantaged individuals and that have obtained DBE certifi cation by a state or local entity charged with certifi cation eligibility determinations for DBEs); and, those required to implement it (state and local transportation entities).