DBE Final Rule FAQs 2026-09-28

Frequently Asked Questions (FAQs) on the U.S. Department of Transportation Disadvantaged Business Enterprise Program (DBE) and Disadvantaged Business Enterprise in Airport Concessions (ACDBE) Program Implementation Modifications, September 25, 2026 Final Rule Updated September 25, 2026.

The General Counsel of the U.S. Department of Transportation has reviewed these questions and answers and approved them as consistent with the language and intent of 49 CFR parts 23 and 26. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

General

Under the final rule, recipients are not required to update their overall DBE goals until the Unified Certification Program (UCP) in the recipient's jurisdiction has completed the mandatory reevaluation process described in 49 CFR 26.111 and notified the U.S. Department of Transportation (Department or DOT) that the reevaluation process is complete. In addition, recipients cannot set any contract goals or count any DBE participation toward DBE goals until the UCP in the recipient's jurisdiction completes the reevaluation process described in 49 CFR 26.111.

Certification Reevaluation

Under the final rule, the UCP for the Jurisdiction of Original Certification (JOC) must complete their reevaluations no later than **December 24, 2026**, 90 days after the final rule's effective date. A one-time 90-day extension to a particular UCP may be granted by the Department's Office of Small and Disadvantaged Business Utilization (OSDBU) based upon special circumstances.

The JOC must issue a notice of nonresponse to any DBE that fails to submit its PN and PNW statement before the certifier notifies the Department that its reevaluation process is complete. In this notice, the certifier must explain that the firm has until **March 24, 2027**, 180 days after the final rule's effective date, to submit its reevaluation package, otherwise the UCP will issue a Notice of Disqualification (NOD) automatically disqualifying the firm without further administrative proceedings.

Goal Setting and Counting

All existing goal methodologies were based on availability figures that are no longer accurate since the publication of the Interim Final Rule on October 3, 2025. Before assigning a DBE goal to a contract, the recipient must create and submit a new overall goal for the relevant period. Recipients may begin counting DBE participation starting from the date the UCP notifies the Department that the reevaluation process required by 49 CFR 26.111 has been completed.

Firms must use the current UCA posted on the Department's website, https://www.transportation.gov/DBEFORMS. Instructions on filing an appeal are found on the Departmental Office of Civil Rights' webpage, available at https://www.transportation.gov/dbeappeal.

Each UCP must promptly email the Department's OSDBU at DBEreevaluations@dot.gov when it completes the reevaluation process.