1. LPA Fall Training is set for October 28, 2025 & October 29, 2025 (Part 1): 

See links for more information:

• https://www.dot.nh.gov/about-nh-dot/divisions-bureaus-districts/planning-community-assistance/local-public-agency-lpa
• (LPA) REGISTRATION FORM – FALL 2025

 

2. OFC CCP & LPA Certification Training is set for October 3, 2025 (Part 2) 

Note: OFC = Office of Federal Compliance and training is also available on December 12, 2025, see links for more information:

• https://www.dot.nh.gov/doing-business-nhdot/office-access-opportunity-and-compliance/oaoc-ccp-lpa-certification-training
• Microsoft Virtual Events Powered by Teams

Below please find Important Updates from ACEC National regarding U.S. DOT Interim Final Rule on changes to the DBE Program

The U.S. Department of Transportation has announced significant changes to the Disadvantaged Business Enterprise (DBE) program. 

U.S. DOT has issued an Interim Final Rule (IFR) that removes the race- and gender-based presumptions of social and economic disadvantage in the DBE program. The DOT cites the constitutional arguments and the judge’s preliminary ruling in the federal case in Kentucky, among other legal precedents. While acknowledging that the proposed consent decree in the court case is still pending and a final ruling not made, DOT states that they have concluded that the rebuttable presumption is unconstitutional and a change to the program is required.  That said, this action by U.S. DOT creates the possibility of a legal challenge to the rules change for failure to comply with the Administrative Procedure Act, especially since the underlying lawsuit challenging the constitutionality of the DBE program is not yet settled.

The Interim Final Rule states that it will go into effect immediately upon publication in the Federal Register. There is a 30-day comment period, but DOT cites the unconstitutionality of the current law as justification for moving straight to a final rule to take immediate effect.

Going forward, all applicants will have to provide a narrative and evidence of individualized social and economic disadvantage. This is similar to the changes made to the Small Business Administration (SBA) 8(a) program in response to constitutional challenges.

Key components of the rule:

• Re-certification: Every currently certified DBE will lose certification and must undergo reevaluation. Firms will be required to submit new documentation and personal narratives to establish eligibility. (Note that as far as I can tell, existing contracts would not be impacted. Firms will need to go through recertification and agencies will need to redo their goals, but nothing compels agencies to recompete exiting contracts. We are working to confirm this understanding.)

• Burden of proof: The burden of proof is on the applicant firm.
• Suspension of goals: Until reevaluation is complete by the certifying agency, federal funding recipients may not set DBE contract goals or count DBE participation toward existing goals.
• Retention of Personal Net Worth cap: The rule retains compliance with the PNW cap in the current program.

There are also other changes to record-keeping and recording, goal setting, and how disparity studies are conducted.

The IFR is here.

DOT guidance on the changes is here.

It is not clear when the Interim Final Rule will be published and go into effect. During the lapse in appropriations and government shutdown, the Office of the Federal Register only publishes documents “directly related to the performance of governmental functions necessary to address imminent threats to the safety of human life or protection of property and may publish documents related to funded programs if delaying publication until the end of the appropriations lapse would prevent or significantly damage the execution of funded functions at the agency… unless the document was received and scheduled for publication before the appropriations lapse began.” It’s not clear whether the IFR meets those standards.

It is also unclear whether and when FHWA might update their regulations and guidance for the intersection of the DBE program and QBS procurements under 23 C.F.R. 172.

We are in touch with AASHTO and other stakeholders and will circulate additional information and analysis as it becomes available.