DBE Final Rule update

The TUCP certification partners do not charge for any portion of the reevaluation. Beware of firms attempting to assist with preparing the personal narrative and personal net worth statement and charging a fee.

Texas is accepting new applications and reevaluation documents for in- and out-of-state firms.

Previously certified businesses (Texas-based)

All Texas‑based DBE and ACDBE firms who wish to continue participating in these programs must be reevaluated for eligibility under the new criteria. Qualifying individuals/owners of these firms must submit the following documents to their respective TUCP certification agency:

Personal narrative with supporting documentation
- Form CIV-PN: Personal Narrative form
- Formulario CIV-PN: Declaración de Narrativa Personal (Español)
Personal Net Worth Statement and supporting documentation
Complete copy of the most recently filed personal tax return, including all schedules and W‑2s
Current personal bank statement

Interstate Certification (Out-of-state)

Firms based outside of Texas who which to reinstate their Texas DBE and/or ACDBE certification must submit the following to the agency that issued your interstate certification originally:

A new interstate certification application
A cover letter that specifies the DBE is applying for interstate certification (new interstate applicants only)
The notice of approved reevaluation from your JOC

New certification application

Firms interested in applying for a new DBE and/or ACDBE certification must submit the following to their corresponding TUCP partner:

Once an eligibility determination has been made and the firm is certified, the firm will be listed in the TUCP DBE/ACDBE online directory. Only firms that are eligible to count toward DBE/ACDBE participation goals are listed in the directory.

Please reach out if you have questions.

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TUCP Partner Portals

Resources

Important notes for the reevaluation process

DBEs and ACDBEs who do not wish to seek reevaluation may withdraw from the program by submitting a Technical Support Ticket through your portal with “Withdraw DBE/ACDBE Certification” in the ticket subject.
All DBE/ACDBE firms, including Interstate firms will be delisted from the TUCP directory during the reevaluation process. Only firms that successfully demonstrate eligibility under the new criteria will be reinstated.
Processing of DBE/ACDBE Declarations of Eligibility (DOE) are temporarily on hold and will resume after the statewide reevaluation process is complete. Your certification date will not change.

Clarifications related to DBE contractor compliance

The DBE program still exists. The Final Rule does not eliminate the DBE program.
The termination provisions at 49 CFR §26.53(f) continue to apply to existing contracts. Approved committed DBEs cannot be terminated without TxDOT’s prior written approval.
If the prime contractor self-performs the work of the committed DBE or another firm does so, then the prime contractor is not entitled to payment for the work.
Compliance with the prompt payment requirement is still applicable. Prompt pay applies to all subcontractors, not just DBEs.
For contracts executed prior to October 3, 2025, prime contractors must enter payments in TxDOT DMS. Confirmation of prompt payment is required by the subcontractor even if the reported payment is zero.
TxDOT will not conduct CUF reviews during the reevaluation process. Prime contractors should conduct their own internal CUF reviews.