U.S. DOT Issues Guidance Concerning Disadvantaged Business Enterprise Programs

In three separate notices issued last week, the United States Department of Transportation (DOT) issued guidance regarding its Disadvantaged Business Enterprise (DBE) regulations at 49 CFR Parts 26 and 23.

DBE Goal Setting on Three-Year Schedule
On February 3, 2010, DOT issued a final rule that amends its requirements under 49 CFR Part 26 with respect to goal setting for DBE participation in DOT-funded projects. In general, rather than establishing goals annually, 49 CFR 26.45 has been amended to provide that goals must be set on a three-year basis, similar to DOT's requirements for Airport Concession Disadvantaged Business Enterprises (ACDBEs). The schedule for such filings will be posted on the Web site of the appropriate "operating administration" within DOT (e.g., the Federal Aviation Administration in the case of airports).