---
kind: "section"
citation: "49 C.F.R. § 23.37"
title: "49"
number: "23.37"
heading: "Are firms certified under 49 CFR part 26 eligible to participate as ACDBEs?"
url: "https://uscodex.org/cfr/49/23.37"
---

# §23.37. Are firms certified under 49 CFR part 26 eligible to participate as ACDBEs?

- (a) You must presume that a firm that is certified as a DBE under [part 26](/cfr/49/part26.md) is eligible to participate as an ACDBE. By meeting the size, disadvantage (including personal net worth), ownership and control standards of [part 26](/cfr/49/part26.md), the firm will have also met the eligibility standards for [part 23](/cfr/49/part23.md).
- (b) However, before certifying such a firm, you must ensure that the disadvantaged owners of a DBE certified under [part 26](/cfr/49/part26.md) are able to control the firm with respect to its activity in the concessions program. In addition, you are not required to certify a [part 26](/cfr/49/part26.md) DBE as a [part 23](/cfr/49/part23.md) ACDBE if the firm does not perform work or provide services relevant to the airport's concessions program.

## Notes

### Amendments

[70 FR 14508, Mar. 22, 2005, as amended at 89 FR 24961, Apr. 9, 2024]

### Authority

Authority: 49 U.S.C. 47107 and 47113; 42 U.S.C. 2000d; 49 U.S.C. 322; E.O. 12138, 44 FR 29637, 3 CFR, 1979 Comp., p. 393.

### Source

Source: 70 FR 14508, Mar. 22, 2005, unless otherwise noted.

### Amendments

[70 FR 14508, Mar. 22, 2005, as amended at 89 FR 24961, Apr. 9, 2024]