Summary: Revisions to the Disadvantaged Business Enterprise Program 2024

On April 9, 2024, the U.S. Department of Transportation (U.S. DOT) announced several revisions to the rule for administering the Disadvantaged Business Enterprise (DBE) program, in what was described as an effort to “significantly modernize” it. The revisions take effect May 9, 2024. The Department is also maintaining a web page on the final rule changes.

The Department had published a Notice of Proposed Rulemaking (NPRM) on July 21, 2022, addressing more than 40 aspects of the DBE program (as applied to federal-aid highway and transit projects) and its companion, the Airport Concession Disadvantaged Business Enterprise (ACDBE) program.

About 400 entities submitted comments on the potential changes, including ARTBA, which did so on October 31, 2022. The narrative for the final rule references specific points made by ARTBA and numerous other commenters.

Ultimately, the new rule includes a number of notable revisions, although arguably not as wide-ranging as those made in past DBE rulemakings. It will be important for ARTBA members to work with federal, state and local officials, as well as industry partners, to become familiar with the changes as they take effect. ARTBA will assist in this effort.

ARTBA has prepared this summary of key provisions in the final rule, with emphasis on the issues the association chose to address as priorities in its comments.