USDOT Requests Input on Changes to DBE Program

As part of the Federal government’s commitment to advancing equity and ensuring access to contracting opportunities, the Biden-Harris Administration and the U.S. Department of Transportation (USDOT) issued a Notice of Proposed Rulemaking (NPRM) to modernize the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) program regulations. Spanning nearly 40 years and mandated by Congress, the DBE and ACDBE programs are intended to prevent discrimination, and remedy the continuing effects of past discrimination, against small businesses owned and controlled by disadvantaged individuals.

By modernizing the existing regulations, the NPRM proposed today would help further level the playing field for small, disadvantaged businesses seeking to compete for federally assisted aviation, highway, and transit contracts as well as airport concession opportunities. These changes are coming at a critically important time as small businesses will play an essential role in helping to build infrastructure made possible by the President’s Bipartisan Infrastructure Law.

A summary of the NPRM can be accessed here. DOT invites comments to the NPRM from all interested parties, including funding recipients and project sponsors, firms participating or seeking to participate in USDOT assisted contracts, and the prime contracting community at large. Written comments to the Federal Register must be submitted using this link by September 19, 2022.

We will be hosting multiple public meetings beginning July 27, 2022. Sign up for the GovDelivery DBE listserv to receive updates throughout the notice and comment period, and view the DBE/ACDBE NPRM Webpage to learn more about the rulemaking process, public meetings, and other information about the NPRM.

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