Disadvantaged Business Enterprise Program

Modesto Area Express (MAX) is committed to an overall Disadvantaged Business Enterprise (DBE) goal of zero (0) percent on its federal-funded projects based upon a race-neutral methodology for a three-year period beginning October  1, 2021 and ending September 30, 2023 (Federal Fiscal Year (FFY) 2021 through FFY 2023). MAX strongly encourages the utilization and participation of certified DBE firms in all of its contracting and procurement activities.

Disadvantaged Business Enterprise Program

MAX has established a DBE Program in accordance with regulations of the U.S. Department of Transportation, Title 49 Code of Federal Regulations (CFR) Part 26 “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”  Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Commission under DOT-funded agreements.  The Commission will not use quotas or set asides in any way in the administration of its DBE program for DOT-assisted contracts.

Pursuant to the intent of these Regulations, MAX policy objectives are to seek the following: 

  1. Ensure non-discrimination in the award and administration of FTA-assisted contracts and subcontracts; 
  2. Create a level playing field on which DBEs can fairly compete for and perform in FTA-assisted contracts; 
  3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law and current legal standards, including the Ninth Circuit Ruling in Western States Paving vs. Washington State Department of Transportation; 
  4. Ensure that only firms meeting 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 
  5. Help remove procurement and contracting barriers, which impede DBE participation in FTA-assisted contracts; 
  6. Monitor and enforce contractor compliance in meeting established goal objectives and program requirements; 
  7. Assist DBEs and Small Businesses increase their ability to compete successfully in the marketplace; and 
  8. Ensure contractors and subcontractors take all necessary and reasonable steps to comply with these policy objectives.