CALL TO ACTION
Protect Opportunity. Preserve Equity.
The USDOT’s new rule changes how DBE status is determined.
Your comment matters!
Please provide your comments to the national office ASAP
An Interim Final Rule (IFR) for the Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) Programs was published on October 3, 2025.
The 30-day period for public comments began on October 3, 2025, and ends on November 3, 2025. The rule removes the race- and sex-based presumptions of disadvantage from the U.S. Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) programs. The accompanying 30-day period is for public comment on the interim final rule (IFR), not for delaying its implementation. The rule is effective immediately, but the public may submit feedback on its contents through the official comment period, which closes November 3, 2025.
Action: The USDOT removed the race- and sex-based presumptions for qualifying for DBE and ACDBE status. This means applicants must now prove social and economic disadvantage individually, regardless of race or gender.
Effective date: October 3, 2025
Public comment period: The 30-day period for public comments began on October 3, 2025, and ends on November 3, 2025. DOT will consider comments submitted during this time.
How to submit comments: Public comments can be submitted to DOT’s docket number DOT-OST-2025- 0897 via https://www.regulations.gov/
It is important not to confuse the 30-day comment period for this IFR with other timelines related to the DBE program, such as:
Subcontractor payments: Prime contractors must pay subcontractors within 30 days of receiving payment from a DOT recipient for satisfactorily completed work.
Decertification decisions: After a decertification hearing or upon receiving information, a decision must be rendered within 30 days.
Interstate certification: If a firm requests a meeting to contest objections to its interstate certification, the certifying state must schedule it within 30 days.
Where to get more information or submit questions
For questions or concerns about the DBE program and its recent changes, the following resources are available:
Federal Transit Administration (FTA): Contact your Regional Civil Rights Officer or email FTACivilRightsSupport@dot.gov
Please contact the national office with questions or comments.
Respectfully,
Kareem Broughton
BCU President
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