IMPORTANT UPDATE FOR DBE AND ACDBE FIRMS!
USDOT Significantly Modernizes the Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Regulations

On April 9th, 2024, the U.S. Department of Transportation (USDOT) issued a final rule that modernizes the Disadvantaged Business Enterprise (DBE) program and Airport Concessions DBE (ACDBE) program regulations. This Final Rule will modernize existing regulations to improve provisions for the benefit of the program participants and grow firm capacity and owner wealth.

The Civil Rights Office is in the process of reviewing this Final Rule and updating our processes to comply with the new regulations by the given deadline, May 9th, 2024. Our office will send out updates in regards to these changes in order for Alaskan DBE's and ACDBE's to thrive under this Final Rule. For more information about the Final Rule, check out the USDOT website to learn more about what this means for your business. You can also view the Final Rule Webinar recording and access the Final Rule documents on the DBE and ACDBE Final Rule page.

Key changes made to the DBE and ACDBE programs include several provisions that will have a direct impact on eligible firms and the contractors that hire them, such as:   

• Streamlining the DBE and ACDBE certification and eligibility process.
• Adjusting the personal net worth (PNW) cap for inflation for small business owners, including excluding retirement assets from the calculation.
• Formalizing guidance establishing successful COVID-19 flexibilities such as virtual on-site visits, to conserve certification and firm resources.
• Modernizing the rules for counting participation by DBE material suppliers and clarifying terminology.
• Addressing specific distinctive issues with the ACDBE programs involving FAA recipients including holdovers in the definition of "long-term exclusive leases" in the ACDBE program. 
• Replicating the DBE program's small business element requirements for the ACDBE program.
• Making technical corrections and other updates such as expediting interstate reciprocity.
• Expanding recipient reporting requirements to USDOT to gain greater knowledge of DBE/ACDBE characteristics, bidding/solicitation practices and utilization and overall program impact. 
• Strengthening monitoring and prompt payment requirements.
• Enhancing ACDBE goal setting and reporting requirements.

A summary table of the final rule can be accessed at:  https://www.transportation.gov/DBEFinalRule.

USDOT will be hosting a series of trainings and informational sessions beginning April 2024. Sign up for the GovDelivery DBE list to receive updates. The DBE/ACDBE Final Rule Webpage is available to learn more about the rulemaking process, trainings and informational sessions as well as other information about the final rule.