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.
Submission of Comments:
Written and oral comments on the proposed goal will be accepted. Comments must be received no later than October 27, 2025. Please send comments to:
Rhea Thomas, Interim General Counsel
229 Peachtree St NE, Suite 100 Atlanta, GA 30303
[email protected]
Accommodation:
For special assistance or accommodations for persons with disabilities, or to request the notice or methodology in an alternative language, please contact: Elizabeth Sanford at 404-388-6776 or [email protected] by October 21, 2025.
Disadvantage Business Enterprise (DBE)
The Atlanta Regional Commission (ARC) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. ARC has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, ARC has signed an assurance that it will comply with 49 CFR Part 26.
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:
- To ensure nondiscrimination in the award and administration of DOT – assisted contracts.
- To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts.
- To ensure that the DBE Program is narrowly tailored in accordance with applicable law.
- To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs.
- To help remove barriers to the participation of DBEs in DOT assisted contracts.
- 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
General Counsel and Chief Compliance Officer
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
Staff Legal Counsel
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.
Requests For Proposals (RFPs) and Requests For Qualifications (RFQs)
ARC’s policy is that all procurement transactions will be conducted in a manner that provides maximum open and free competition consistent with the efficient performance of our work program and with the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the federal “Common Rule”). View available RFPs/RFQs
Potential Consultants
ARC maintains a list of consulting firms eligible for consideration for future Requests for Proposals. For your firm to be included in the list, please complete the Potential Consultant Application, including the appropriate areas of expertise. You may also include a qualification package when you return the application. Form and content for the qualification package are left to the discretion of your firm.