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Comments due Sept. 19 on proposed rulemaking for Disadvantaged Business Enterprise program

ATSSA members interested in providing comments on the Notice of Proposed Rulemaking (NPRM) on the Disadvantaged Business Enterprise (DBE) program have one week to submit them.

The U.S. Department of Transportation (USDOT) NPRM was posted in the Federal Register on July 21.  Comments are due by next Monday.

The full text of the NPRM covers 66 pages of the Federal Register. USDOT created a summary and key changes proposed in the rule are here:

  • Increasing the personal net worth (PNW) limit from $1.32 million to $1.6 million and excluding retirement assets from PNW calculations. 
  • Amending overly prescriptive ownership and control certification eligibility requirements.   
  • Simplifying the interstate certification process.   
  • Formally adopting COVID-19 flexibilities such as virtual on-site visits.   
  • Reducing reporting requirements for some Federal Transit Administration (FTA) funding recipients.   
  • Empowering certified firms to better market themselves to prime contractors via expanded state directories.  
  • Helping more small businesses participate in Federal Aviation Administration (FAA) assisted airport projects by requiring airports to proactively remove obstacles and adopt more race-neutral strategies. 
  • Strengthening prompt payment monitoring and oversight requirements to help ensure that DBEs in all subcontracting tiers are promptly paid. 

Written comments should be submitted via this link. USDOT encourages comments from anyone  including: funding recipients and project sponsors, firms participating or seeking to participate in USDOT assisted contracts, and the prime contracting community at large.

Eligibility requirements to qualify as a DBE are here.

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