1680-08-01-.04
Certification Requirements
Cite as Tenn. Comp. R. & Regs. 1680-08-01-.04
When reviewing DBE applications, the Contract
Compliance Office determines first if the applicant qualifies as a DBE by deciding if the owners of the company
are members of a group, who are presumed to be socially and economically disadvantaged. In addition, the socially
and economically disadvantaged owners must own and control the company. The ownership and control of the
disadvantaged person must be real, substantial, and continuing and shall go beyond the pro forma ownership of the
firm as reflected in its ownership documents. The applicant company must show that the disadvantaged owners
enjoy the customary incidents of ownership and that they share in the risks and profits commensurate with their
ownership interests as demonstrated by an examination of the substance rather than form of arrangements.