The U.S. Department of Transportation recently announced its final rule on the Disadvantaged Business Enterprise program.
The final rule is built upon the interim final rule introduced last fall, which removed the automatic presumption of disadvantage based on race and gender. The interim rule instated the requirement that individuals must demonstrate economic and social disadvantages outside of race and gender.
There were several changes made between the interim final rule and the final rule. The first is that USDOT clarified race and gender may contribute as factors in being determined as disadvantaged.
USDOT also clarified interstate certification expectations, while simplifying the process once a home state has completed recertification. This is intended to make it easier for firms performing work across several jurisdictions. States should automatically accept a home state’s decision upon receiving proof.
Certifying agencies may complete their reevaluations by Dec. 24, which is 90 days after the final rule was published in the Federal Register. The full text is available here. (Source: American Council of Engineering Companies of Arizona)