Federal Register #DOT-OST-2025-0897

DOT Final Rule Revising DBE and ACDBE Program Regulations

This final rule from the U.S. Department of Transportation (DOT), Office of the Secretary, revises regulations for the Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) programs. - Government Buyer: - U.S. Department of Transportation (DOT), Office of the Secretary - OEMs and Vendors: - No OEMs or vendors are mentioned; this is a regulatory change, not a procurement - Products/Services Requested: - No products or services are requested; the rule pertains to program eligibility and administration - Unique or Notable Requirements: - Eliminates race- and sex-based presumptions for DBE/ACDBE eligibility - Requires individualized determinations of social and economic disadvantage for all applicants and certified firms - Introduces a personal narrative process for eligibility determination - Addresses administrative challenges and clarifies provisions based on stakeholder feedback - Ensures compliance with recent legal findings regarding constitutional requirements - No contract vehicles, procurement actions, or product/service line items are involved

Description

The U.S. Department of Transportation is finalizing amendments to its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) program regulations. This final rule follows an interim final rule published in October 2025 that eliminated race- and sex-based presumptions deemed unconstitutional. The rule transitions to individualized determinations of social and economic disadvantage to ensure constitutional compliance and addresses administrative challenges identified during the public comment period. The rule is effective September 25, 2026.

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