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Notice of Interim Final Rule for USDOT DBE/ACDBE Program Implementation Modifications

 

On October 3, 2025, the U.S. Department of Transportation (USDOT) issued the Interim Final Rule for Disadvantaged Business Enterprise Program and Disadvantaged Business Enterprise in Airport Concessions Program Implementation Modifications (IFR) and guidance memo. Nebraska Department of Transportation (NDOT) is a member of the Nebraska Unified Certification Program (UCP) and is designated as the sole certification agency for Disadvantaged Business Enterprises (DBE) and Airport Concessions Disadvantaged Business Enterprises (ACDBE) for USDOT financial assistance programs. 

 

Beginning October 3, 2025, the IFR requires the UCP certifying agency, NDOT, to immediately suspend all disadvantaged business enterprise (DBE) goal setting until NDOT has reevaluated DBEs for recertification under the revised certification standard (49 CFR 23.3 & 26.67). 

Until the reevaluation process is completed, DBE goals may not be set on any contracts receiving USDOT financial assistance and entered on or after October 3, 2025. Contracts entered prior to October 3, 2025, generally will be managed according to the terms of the contract.  

 

If a DBE subcontractor is unable to fulfill a contractual obligation made prior to October 3, 2025, the prime contractor may seek approval from NDOT to:

1. Replace the DBE subcontractor with another DBE subcontractor that was certified before October 3, 2025; or

2. Select a non-DBE subcontractor or self-perform the work. In this case the prime contractor will be required to provide the cost-savings to the project owner.  

 

In consultation with and guidance from the Federal Highway Administration, NDOT is actively assessing the regulatory requirements and determining the necessary revisions to the DBE program for compliance with the IFR and will begin the reevaluation process as quickly as practicable (49 CFR 23.81 & 26.111). NDOT will provide more information as it becomes available. 

 

 

 

Statement of Nondiscrimination

 

Under Title VI of the Civil Rights Act of 1964 and related statutes, the Nebraska Department of Transportation ensures that no person shall, on the grounds of race, color, religion, national origin, age, disability, sex, or income be excluded from participation in, denied the benefits or services of, or be otherwise subjected to discrimination in all programs, services or activities administered by the Nebraska Department of Transportation.

 

 

Title VI of the Civil Rights Act of 1964

 

Limited English Proficiency Program

 

Americans with Disabilities Act

 

Resources for Local Public Agencies and Subrecipients

 

Business Opportunities

 

 

Disadvantaged Business Enterprise (DBE) - prior to Oct. 3, 2025

  • NDOT 441 - Identification of DBE Goal Achievement
  • NDOT 442 - Identification of DBE  Work Performed

 

Resources for Airports and ACDBEs

 

Contractor Equal Employment Opportunity Compliance

 

Contractor On-the-Job Training