Key Takeaways On Getting DBE Certification In Other States
To qualify for Disadvantaged Business Enterprise certification outside your home state, your business must first be certified as a DBE where it is based. Once certified, you can apply for interstate certification under 49 C.F.R. § 26.85 by submitting your original Uniform Certification Application, affidavits of no change, notices of change, and related correspondence with state agencies. While reciprocity is not automatic, other states are required to limit their review to specific documents and may not substitute their judgment for that of your home state. Contractors seeking more public, bonded work can benefit greatly from multi-state DBE certification, but denials may occur, making legal guidance helpful when applying or appealing.
How DBE Certification In Other States Can Unlock More Bonded Construction Work
This is a good article for our construction clients for information on getting their disadvantaged business enterprise certification in other states. Most of our bond clients are for construction – surety bonds (whether it be construction bonds, bid bonds, or Swiftbonds Performance Bonds). For our clients, getting this certification would be a huge help in getting more bonded work. Take a look and see if this can help our your business.
https://www.natlawreview.com/article/how-your-business-can-get-dbe-certification-other-states
How Your Business Can Get DBE Certification in Other States
Thursday, October 15, 2020
Depending on your business and location, your company may do business in multiple states. If you want to get Disadvantaged Business Enterprise (DBE) certification for your business, you must first do it through your own state. 
Once your business is a certified DBE in its home state, you may apply in one or more other states for certification. You will need to present materials, but you are not submitting an entirely new application. Interstate certification is governed by 49 C.F.R. § 26.85.
In Pennsylvania, the disadvantaged owner(s) whose business is applying for interstate certification must complete an affidavit. A copy can be found here . Along with the affidavit, the owner will have to provide:
A complete copy of the Uniform Certification Application submitted to the home state and all supporting materials that you provide to your home state;
The three most recent affidavits of no change;
Any notices of change;
All correspondence that you had with your home state or any other state regarding your application or DBE status;
Any notices or correspondence that you had with other states other than your home state regarding your DBE status, including denials or decertification from other states; and
Information regarding any certification appeals that you filed with the U.S. D.O.T.
Having certification in one state does not guarantee certification in another state- the reciprocity is not automatic. The certifier looking at your interstate application can only look at certain factors under the rule. However, the certifier must limit its review to the documents listed above. It also cannot substitute its judgment for that of the home state. Certifiers are often rebuked by the U.S. D.O.T. for failing to follow the interstate rules.
If you receive a denial of your request for interstate certification, you should consult with an experienced attorney to determine whether an appeal is appropriate. You may also find it helpful to consult with an attorney while preparing your request for interstate certification.
Frequently Asked Questions
What is DBE certification and why does it matter for contractors?
DBE certification identifies a business as a Disadvantaged Business Enterprise eligible to participate in federally assisted transportation projects, helping contractors access more public and bonded work.
Do contractors need DBE certification in their home state first?
Yes. A business must be certified as a DBE in its home state before it can apply for DBE certification in any other state.
How does interstate DBE certification work?
Interstate certification is governed by 49 C.F.R. § 26.85 and allows a DBE-certified firm to seek recognition in other states by submitting required documents rather than a completely new application.
Is DBE certification automatically accepted in other states?
No. Reciprocity is not automatic. Each state reviews the interstate application, but its review is limited to specific documents and it cannot substitute its judgment for that of the home state.
What documents are required for interstate DBE certification?
Applicants typically must provide the Uniform Certification Application, supporting materials, affidavits of no change, notices of change, correspondence with states, and information about any appeals or decertifications.
What should a business do if interstate DBE certification is denied?
If denied, the business should consider consulting an experienced attorney to determine whether an appeal is appropriate and to help prepare future applications.
Turn DBE Certification Into New Bonded Opportunities
Getting DBE certification in other states can open the door to more public projects and steady, bonded work. While interstate approval isn’t automatic, understanding the process under 49 C.F.R. § 26.85 and preparing the right documents can position your business to compete beyond your home state and grow with confidence.
Put Certification To Work
If expansion is part of your plan, start with your home-state DBE certification and take the next step toward interstate approval. The right preparation today can lead to more bids, more contracts, and more opportunity tomorrow.
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