Description of the blog
On Sept. 25, the U.S. Department of Transportation issued the Disadvantaged Business Enterprise and Airport Concession Disadvantaged Business Enterprise Program Revisions final rule. With few modifications, this final rule follows the Oct. 3, 2025, interim final rule, which eliminated race- and sex-based presumptions that the DOT determined to be unconstitutional.
To learn more about the final rule, read Piliero Mazza’s client alert, DOT Finalizes DBE Program Revisions: Key Clarifications for Current and Prospective DBE Firms.
Also on Sept. 25, the DOT issued Frequently Asked Questions on the final rule to provide clarity to the public regarding existing requirements under the law or agency policies.
Background:
Effective on Oct. 3, 2025, the DOT released an interim final rule to revise its DBE program. The IFR ends presumptions of disadvantage based on race or gender that have previously been used by businesses to qualify as DBEs.
The IFR was in accordance with the DOT’s proposal in May 2025 to settle a lawsuit challenging the constitutionality of these presumptions in the case Mid-America Milling Co. v. U.S. Department of Transportation.
To learn more about the 2025 IFR, read Greenberg Traurig’s alert, US DOT Announces Changes to DBE Program.
ABC members are encouraged to consult counsel for further guidance.
Annual Partners