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Does an Airport Concessionaire Disadvantaged Business Enterprise (ACDBE) participating in a joint venture under the ACDBE Program have to be certified in the specific type of work contemplated under the joint venture?

Yes.  An ACDBE business is required to share in the management and control of the operation of the joint venture.  As such, an ACDBE firm in a joint venture must be certified in the specific type of work to be undertaken by the joint venture.  That is, the owner of the ACDBE firm must demonstrate that he or she is able to control the business with respect to the type of work to be undertaken by the joint venture.  Implementation of a joint venture that allows a business to engage in work that is not related to the overall management of the operation of the joint venture does not support the objectives of the ACDBE program.     

To meet eligibility requirements for certification as an ACDBE, a business must be at least 51% owned by a socially and economically disadvantaged individual who controls the managerial and day-to-day operations of the business. The owner must have technical
competence and experience directly related to the type of work in which certification is being sought and must be a United States citizen or a lawfully admitted permanent resident of the United States.  The firm must also meet the appropriate size standards.   

Certification of a business can be a viable tool for developing and maintaining business relationships. Businesses seeking certification as an MBE, DBE or ACDBE may want to consider obtaining legal advice concerning eligibility requirements for certification prior to applying for certification.