The U.S. Department of Transportation (U.S. DOT) Dec. 1 provided further guidance on the implementation of the Disadvantaged Business Enterprise (DBE) program to clarify issues raised in its Interim Final Rule (IFR) which governs the program’s implementation until final rules are issued. This is US DOT’s second set of clarifications.
US DOT’s October 3, 2025 Interim Final Rule (IFR) directing states to discontinue implementing the disadvantaged business enterprise (DBE) program by using race or gender-based presumptions to determine DBE status has created a great deal of uncertainty for states and contractors in meeting DBE mandates. While U.S. DOT is taking comments on the DBE IFR through Nov. 3, states have been implementing the program in a variety of different ways. US DOT last week released FAQ guidance to clarify many of the implementation issues. While the FAQ gives some guidance on proceeding with the program much confusion still exists.