These questions and answers provide guidance and information for compliance with the provisions under 49 CFR part 26, pertaining to the implementation of the Department's disadvantaged business enterprise program. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations. They are issued to provide an acceptable means, but not the only means, of compliance with Part 26. While these questions and answers are not mandatory, they are derived from extensive DOT, recipient, and contractor experience and input concerning the determination of compliance with Part 26. A PNW statement is a signed representation to a DOT recipient that the information presented is true.
Falsification can lead to criminal prosecution.
In addition, recipients should review each PNW statement to determine if there are any obvious mistakes, omissions, or suspicious information. Recipients have discretion to devise procedures to obtain needed information in these cases. The Department emphasizes that recipients are prohibited from using requests for additional information concerning PNW issues as a way of targeting, punishing, harassing, or discriminating against specific firms or classes of firms.