Public Notice: Proposed Disadvantaged Business Enterprise (DBE) Plan

The Atlanta Regional Commission is committed to a policy of non-discrimination in the award and administration of contracts. It is the intention of the Atlanta Regional Commission to create a level playing field on which Disadvantaged Business Enterprises (DBEs) can compete fairly for transportation-assisted contracts.

In accordance with U.S. Department of Transportation regulations, 49 CFR Part 26, Atlanta Regional Commission hereby announces its proposed overall goal of 22.23% for DBE participation on all Federal Highway Administration (FHWA) assisted contracts during Federal Fiscal Years 2026 through 2028. Atlanta Regional Commission also announces its proposed overall goal of 28.72% for DBE participation on all Federal Transit Administration (FTA) assisted contracts during Federal Fiscal Years 2026 through 2028.

A virtual DBE Plan Consultation Town Hall was held on Wednesday, October 22, 2025 from 11:30 a.m. to 12:30 p.m. to discuss the proposed goal and receive public comments. The following is the meeting summary of the Town Hall:

The draft DBE Program Plan and Goal-setting Methodologies are available below:

Note: The Disadvantaged Business Enterprise (DBE) Program – Interim Final Rule (IFR) was posted to the USDOT DBE website on October 3, 2025. As further guidance is received from the USDOT, ARC will reassess DBE goals in the future, pending the recertification of eligible DBE firms in the Atlanta region.

It is the policy of ARC to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also our policy:

  1. To ensure nondiscrimination in the award and administration of DOT – assisted contracts.
  2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts.
  3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law.
  4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs.
  5. To help remove barriers to the participation of DBEs in DOT assisted contracts.
  6. To assist the development of firms that can compete successfully in the marketplace outside the DBE Program.

The General Counsel and Chief Compliance Officer has been designated as the DBE Liaison Officer. In that capacity, the General Counsel is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by ARC in its financial assistance agreements with the Department of Transportation. Please direct any questions to:

Rhea L. Thomas,
Managing Attorney,
DBE Liaison Officer,
Atlanta Regional Commission
[email protected]

This policy is more fully described in ARC’s DBE Program and Plan.

If you wish to be considered as a Disadvantaged Business Enterprise (DBE), you must be certified by an appropriate entity. The Georgia Department of Transportation certifies entities for the State of Georgia, with support from MARTA for firms located in Fulton, DeKalb, or Clayton Counties.

Bid Protest Procedure

Any interested party may file a written protest during the pre-award phase of the procurement process. Any pre-award protest must be received by ARC at least ten (10) business days before solicitation closing using the procedures described below. Any pre-award protest not received by ARC at least ten (10) business days before the solicitation closing will not be addressed.

Post-award protests may only be filed by parties that submitted bona-fide offers in response to the solicitation. Any party registering a post-award protest must do so in writing within five (5) business days of the date of announcement of the award.

Written protests may be submitted by mail to:

Rhea L. Thomas,
Managing Attorney,
Atlanta Regional Commission
229 Peachtree ST NE, STE 100
Atlanta, GA 30303

Protests can also be submitted by email to [email protected]. Protests submitted via email must include “Procurement Protest” in the subject line.

Initial notifications must contain the following:

  • Name and Title of Protester
  • Phone Number
  • E-mail Address
  • Fax Number
  • Title/Name of the procurement against which a complaint/protest is being issued

Within five (5) business days of receipt of notification, ARC will provide the protester with a copy of these Procurement Protest Procedures and a Protest Form. Only protests submitted in writing will be addressed. The protester must return the completed Protest Form to ARC’s Contracts and Grants Analyst named above within five (5) business days of its receipt.