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Announcement on the DBE Program

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Interim Final rule on the DBE program

Disadvantaged Business Enterprise Program and Disadvantaged Business Enterprise in Airport Concessions Program Implementation Modifications



(From Office of the Secretary of Transportation (OST),

U.S. Department of Transportation



ACTION:

Interim final rule.


SUMMARY:

This interim final rule (IFR) ensures that the U.S. Department of Transportation (DOT or Department) operates its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) Programs (collectively, Programs) in a nondiscriminatory fashion—in line with law and the U.S. Constitution. The IFR removes race- and sex-based presumptions of social and economic disadvantage that violate the U.S. Constitution.


EFFECTIVE DATE:
This IFR is effective October 3, 2025. Comments must be received on or before November 3, 2025. To the extent practicable, DOT will consider late-filed comments.


Under the new Federal DBE regulations (IFR issued October 3, 2025), certifications must now be based on individualized demonstrations of social and economic disadvantage, with no reliance on race- or sex-based presumptions. All currently certified DBE/ACDBE firms will be reevaluated under these standards, and those that do not meet the new criteria may be decertified. During the reevaluation period, recipients may not set DBE contract goals nor count DBE participation toward goals.





In summary,
these changes shift the DBE program away from race- and sex-based criteria, focusing instead on social and economic disadvantage.
They ensure fairness by requiring reevaluation of all DBEs, pausing certain goal-setting and compliance rules during the transition, and updating terminology to reflect the new focus.

The DOT has been tasked with re-evaluating each and every certified DBE firm by set date in mid November deadline,
until then No contract is to be awarded under old directives.


 Click Here new to see Federal DBE regulations (IFR issued October 3, 2025)