A commitment form lists the DBE. The confirmation letter proves the DBE agrees. Section 26.53(b)(2)(v) requires, from every listed firm, “written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor’s commitment.” Without it, the prime’s commitment on that scope is unverified. Here is what the letter has to contain, block by block.
Where the letter sits in the bid package
| 26.53(b)(2) | Item | Who writes it | Must agree with |
|---|---|---|---|
| (i) | Names and addresses of the DBEs | Prime | Letterhead on (v) |
| (ii) | Work each DBE will perform | Prime | Scope block of (v) |
| (iii) | Dollar amount per DBE | Prime | Amount block of (v) |
| (iv) | Prime’s written commitment to use each DBE | Prime | (ii) and (iii) |
| (v) | DBE’s written confirmation | The DBE | (ii), (iii) and the directory |
| (vi) | Good faith efforts, if the goal is not met | Prime | Every DBE and non-DBE quote |
Timing is the prime’s problem, not the DBE’s: the recipient takes the package with the bid or within five days after opening (26.53(b)(3)). Ask for the letter when you ask for the quote.
The letter, block by block
Bracketed text is filled in per project. Each annotation states the test the block has to pass.
Scope
Trade, bid items and quantities. Must match (b)(2)(ii) word for word or by item number.
[Firm] will perform, as a DBE [subcontractor / supplier / trucker], the following work on the above contract: [bid items or a description of the trade and quantities]. Work codes: [NAICS codes for which the firm is certified].
Amount
One figure, same as (b)(2)(iii) on the commitment form, with the basis.
Amount of participation: [$ amount], [lump sum / unit prices per quote dated (date) / not to exceed]. Payment terms: [terms, retainage, schedule].
Certification status
Current status, certifying UCP, number. Reviewer checks it against the directory.
[Firm] is currently certified as a Disadvantaged Business Enterprise by [UCP] under certification No. [number] and appears in the [state] DBE directory for the work described. [Firm] was reevaluated under 49 CFR 26.111 and retained by decision dated [date]; a copy is attached.
Commercially useful function
Tracks 26.55(c). Without it the recipient may count nothing.
[Firm] will be responsible for executing this work and will perform, manage and supervise it with its own workforce, equipment and supervision, and will negotiate price, determine quality and quantity, order, and pay for the materials it furnishes.
Signature
An owner or officer with authority. Printed name, title, date.
[Firm] understands this letter will be submitted with your bid under 49 CFR 26.53(b)(2)(v) and will notify you in writing of any change in certification status. [Signature] · [Name], [Title] · [Date]
Common defects
- Missing scope
- “[Firm] confirms it will participate on the project” confirms nothing. The rule asks for the kind of work. Name the trade and the items. If the scope shifts between quote and bid, get a new letter.
- Amount does not match the commitment form
- The letter says $412,000; the form says $398,500 after the prime trimmed a bid item. The reviewer credits the lower figure at best and questions the higher. Reconcile before bid day, not after.
- Stale certification status
- A letter template from 2024 that still says “certified” is a claim, not a fact. After the reevaluation wave, state the UCP, the number, and the retention decision date. Under 26.55(f), an uncertified firm at contract execution earns no credit at all.
- Unsigned
- An email from an estimator’s inbox is not a confirmation from the firm. Signature, printed name, title, date. If the signer is not an owner, be ready to show authority.
One more thing to check on your end: the letter says the firm is listed, so open the directory and look. The five-step procedure is in the status check for a listed sub.
How members generate it
Firms in the DBE Compliance Membership open the Prime-ready kit, choose “Written confirmation of participation (26.53),” and enter the prime, the project, their role, the scope, the amount and the terms. The kit pulls the legal name, certifying UCP, certification number and work codes from the firm’s certification record and produces the letter above with the signature and date lines blank, followed by a short “before you send” list: match scope and amount to the prime’s commitment form, sign, send a PDF, keep a copy, and remember that 26.53(f) requires the recipient’s written consent before a listed DBE is replaced or reduced. The same kit produces the dated quote a prime files under Appendix A, a one-page capability statement, and a 26.29 prompt-payment log. Nothing is sent to U.S. DOT or to the certifier; the letter is the prime’s bid documentation. Not legal advice.
Primes: send this page to your DBE subs with the quote request. A letter that arrives complete saves a phone call on bid day.
Certified and want the kit? The DBE Compliance Membership includes the Prime-ready kit, the yearly Declaration of Eligibility, the PNW statement and the certification binder.
Sources: 49 CFR 26.53 · 49 CFR 26.55 · Related: good faith efforts documentation · the final rule explained