November 6, 2025

By Lane Kimble

The USDOT is providing some clarity on its abrupt change to the Disadvantaged Business Enterprise program this fall.

The department posted an FAQ list in late-October, nearly a month after issuing an interim final rule that rescinded the DBE program nationwide.

Per ARTBA, the FAQs notably state:

• For a contract advertised but not yet let, the state DOT must amend the advertisement to remove the DBE contract goal.
• For projects let but not yet awarded, the state DOT must change the goal to zero. The agency does not need to readvertise the project, but may rebid it if required under state law.
• Contracts let and executed prior to Oct. 3 need not be modified, but DBE participation cannot be counted toward a contract or program goal until completion of the DBE reevaluation process in that jurisdiction.

The rule change ordered states to recertify all DBEs without the presumption of race- or sex-based disadvantages. Instead, DBEs will need to individually submit narratives detailing their case.

The federal government’s rule blocks states from applying DBE goals to any federally funded projects until the recertification process is complete.

WisDOT has removed all DBE program goals from its upcoming November and December2025 lets. The state DOT says it is in the process of creating a recertification plan and will share details this fall or winter.

Meanwhile, ARTBA also compiled and submitted public comments on the rule change Monday. The comments mainly seek further clarification on questions such as compliance on multi-year projects, avoiding delays to project awards, and improving outreach and coordination with the industry.

You can read ARTBA’s full comments HERE.