Interstate Certification:

Procedures for out-of-state DBE certified firms seeking DBE certification with Wisconsin Unified Certification Program

The DBE Program is a federal program, approved by Congress with each Transportation Bill. Recipients of federal-aid highway funds, state departments of transportation, implement the federal DBE program using the requirements set forth in the Code of Federal Regulations, 49 CFR Part 26.

Firms who are DBE certified in their home state seeking certification in Wisconsin must provide the information described in the Code of Federal Regulations at 49 CFR Part 26 to the following address:

Wisconsin Department of Transportation

4802 Sheboygan Ave, Room 451

ATTN: DBE Office, Vincent Fisher

Madison, WI 53707-7965

Out of State Applicant firms must provide the items listed below, from 49 CFR Part 26.85 paragraphs (c):

(1) You must provide a complete copy of the application form, all supporting documents, and any other information you have submitted to home state or any other state related to your firm's DBE certification. This includes affidavits of no change and any notices of changes that you have submitted to your home state, as well as any correspondence you have had with your home state's UCP or any other UCP concerning your application or status as a DBE firm.

(2) You must also provide any notices or correspondence from states other than home state relating to your status as an applicant or certified DBE in those states. For example, if you have been denied certification or decertified in State C, or subject to a decertification action there, you must inform WisDOT of this fact and provide all documentation concerning this action to WisDOT.

(3) If you have filed a certification appeal with USDOT, you must inform WisDOT of that fact and provide a copy of your letter of appeal and a copy of US DOT's response letter.

(4) You must submit an affidavit sworn to by the firm's owners before a person who is authorized by State law to administer oaths or an unsworn declaration executed under penalty of perjury of the laws of the United States.

(i) This affidavit must affirm that you have submitted all the information required by 49 CFR 26.85(c) and the information is complete and, in the case of the information required by section 26.85(c)(1), is an identical copy of the information submitted to your home state UCP.

(ii) If the on-site report from our home state supporting your certification in your home state is more than three years old, as of the date of your application to WisDOT, WisDOT may require that your affidavit also affirm that the facts in the on-site report remain true and correct.

Timeline for processing interstate DBE certification applicants per 49 CFR Part 26.85 paragraph (d):

Within 14 days

As State B [Wisconsin UCP], when you receive from an applicant firm all the information required by paragraph (c) of this section, you must take the following actions:

(1)Within 7 days, contact the State A [Applicant’s Home State] and request a copy of the site visit review report for the firm, any updates to the site visit review, and any evaluation of the firm based on the site visit.

State A [Applicant’s Home State], must transmit this information to State B within 7 days of receiving the request.

Within 60 days

(2) Determine whether there is good cause to believe that State A's certification of the firm is erroneous or should not apply in your State OR whether State A’s certification complies with 49 CFR Part 26 and state regulations

(3) If, as State B [Wisconsin UCP], you have determined that there is good cause to believe that State A's certification is erroneous or should not apply in your State, you must, no later than 60 days from the date on which you received from the applicant firm all the information required by paragraph (c) of this section,

Send to the applicant firm a notice that it is certified and place the firm on your directory of certified firms.

OR

Send to the applicant firm a notice stating the reasons for your determination.