AGC of America submitted comments to the U.S. Department of Transportation (DOT) on Monday, November 3, regarding its Interim Final Rule (IFR) revising the Disadvantaged Business Enterprise (DBE) program. As you may recall, AGC previously reported that the IFR makes major structural changes to the DBE and Airport Concession DBE (ACDBE) programs by eliminating race- and sex-based presumptions for qualifying as a DBE and requiring all currently certified firms to be reevaluated under new standards.
In its comments, AGC emphasized the need for clear federal guidance to prevent project delays, inconsistent application, and administrative overload across states. The association’s recommendations focused on five key areas:
- Protecting existing contracts from disruption,
- Providing guidance on the reevaluation process,
- Reducing duplicative paperwork,
- Aligning DBE standards with the federal Small Business Act, and
- Using AGC’s Key Elements for Programs to Assist Small and Emerging Construction Firms as a model for improving program implementation.
In a previous report, AGC released a Key Elements document that outlines practical strategies to support small and disadvantaged contractors through mentorship, financial assistance, and uniform national standards. AGC continues to work with DOT and state partners to ensure the DBE program remains lawful, effective, and workable for all participants during this transition.