The U.S. Department of Transportation has released an official FAQ document to guide agencies and industry through implementation of the October 3, 2025 Interim Final Rule (IFR) changing race and sex based presumptions to the DBE programs. The FAQ comes at a time when states are implementing the new IFR in a variety of ways.
One of the main points of uncertainty was for contracting already in the pipeline. The FAQ states that state DOTs must remove DBE goals from advertisements before letting and “zero out” goals on projects that have been let but not yet awarded/executed. However, contracts that have been executed before October 3, 2025 do not need to be modified and can proceed as usual. The FAQ also walks through special cases like design-build performance plans and transit vehicle manufacturers, aligning their obligations with the broader pause and reevaluation framework.
While the FAQ provides additional clarity, questions remain on topics such as the recertification process and the requirements for recertification.
Make sure to review AGC’s previous story for information on what the IFR included and what you should know.
U.S. DOT Resources
Text of the Interim Final Rule
DOT FAQ of the Interim Final Rule
For more information, please contact Deniz Mustafa.