PURPOSE: This regulation describes which individuals, entities and firms are governed and bound by the DBE Program regulations in this chapter, the USDOT DBE Program regulations at 49 CFR part 26, and the USDOT-approved MoDOT DBE Program submissions.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) United States Department of Transportation (USDOT) Disadvantaged Business Enterprise (DBE) Regulations Incorporated Into These Rules. The USDOT DBE Program rules at 49 CFR part 26 are adopted by the commission, and incorporated by reference into these MoDOT DBE Program rules. To the extent that any individual, entity or firm is governed by the DBE Program regulations in this chapter, that individual, entity or firm is also governed and bound by the corresponding USDOT DBE Program regulations at 49 CFR part 26.
2. (2) MoDOT DBE Program Submissions to USDOT. As required by 49 CFR section 26.21, MoDOT must have a DBE Program which USDOT has approved, and MoDOT and the commission must comply with it. Whenever MoDOT and the commission submit proposed significant changes in the MoDOT DBE Program to USDOT for approval, the commission will publish the contemplated significant changes in the Missouri Register as proposed rulemaking, or proposed amendments. If and when USDOT approves the proposed changes in MoDOT’s DBE Program, the commission will immediately adopt an order or emergency order of rulemaking accordingly, so that the published rules in this chapter of the Code of State Regulations are consistent with the MoDOT DBE Program as it is then approved by USDOT.

3. (3) The following individuals, entities and firms are governed and bound by the DBE Program regulations in this chapter, and the related and pertinent USDOT DBE Program regulations at 49 CFR part 26:

   1. (A) Any individual or firm with an ownership interest in a firm which is DBE certified, or which desires to be DBE certified, as well as that firm and its officers, management, employees, agents and representatives. They are bound when they or the firm apply for DBE certification, while they are certified, and when they participate in any USDOT- assisted program or contract work which is subject to 49 CFR part 26; and for at least three years thereafter;
   2. (B) Any individual, entity or firm which is a recipient through the commission and MoDOT of USDOT funding subject to 49 CFR part 26, including their owners, officers or officials, employees, agents and representatives. They are bound when the individual, entity or firm applies for status as a recipient of USDOT funding subject to 49 CFR part 26; while that funding exists and is available for expenditure; and for at least three years thereafter;
   3. (C) Any individual, entity or firm which is a contractor, subcontractor or supplier on a USDOT-assisted contract issued by MoDOT or any other recipient funded through MoDOT, if that USDOT funding is subject to 49 CFR part 26; including their owners, officers or officials, management, employees, agents and representatives. They are bound when as a contractor, subcontractor or supplier, they submit a bid for the USDOT-assisted contract, or when they submit a bid or quote which is considered for or used in a bid for that USDOT-assisted contract; they remain bound while they perform as a con- Transportation Commission

tractor, subcontractor or supplier on such USDOT-assisted contract work; and for at least three years after that work is completed and accepted, and final payment thereon has been made;

1. (D) Each member of the commission, the MoDOT director and chief engineer, the MoDOT external civil rights administrator, and all other MoDOT or commission officers, officials, employees, agents and representatives. They are bound while they hold that position, and indefinitely thereafter for those DBE program duties and responsibilities of a continuing nature after they have left those positions or employment with the commission or MoDOT; and
2. (E) The USDOT and its operating administrations Federal Highway Administration (FHWA), Federal Aviation Administration

1. (FAA) and Federal Transit Administration (FTA), plus its agency administrators, officers, officials, employees, agents and representatives are bound in accordance with 49 CFR section 26.21(b)(1), but only to the extent that the USDOT or one of its operating administrations has approved or will approve the MoDOT DBE Program submissions and updates which correspond to the provisions of these regulations.

AUTHORITY: section 226.150, RSMo 1994*; Title 49 Code of Federal Regulations part 26; section 1101(b) of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 113; and MoDOT’s approved DBE Program submittals to the U.S. Department of Transportation. Emergency rule filed May 10, 2000, effective May 20, 2000, expired Nov. 6, 2000. Original rule filed May 10, 2000, effective Nov. 30, 2000. *Original authority: 226.150, RSMo 1939, amended 1977.