USDOT adopts final rule on DBE program eligibility

News - Published Oct 01, 2026

The United States Department of Transportation (USDOT) has published a final rule largely adopting the interim final rule that was published in October of 2025 which eliminated race- and sex-based presumptions of social and economic disadvantage for purposes of disadvantaged business enterprise (DBE) certification eligibility.

The final rule is substantially similar to the original interim final rule, but notably includes a key clarification that will be vital for those seeking to go through DBE recertification under the revamped program. While the final rule still eliminates presumptions of disadvantage based on race and sex, it clarifies that DBE applicants may refer to personal experiences of discrimination that were due to race or sex when describing the disadvantage making them eligible for DBE certification.

The final rule further specifies that applications for DBE certification must include at least "objective distinguishing feature" to be considered disadvantaged, with the feature consisting of "any identifiable status or condition" that "prompted economic hardship, social barriers, or denied opportunities".

Other changes and clarifications addressed in the final rule include: a confirmation that firms owned by "Indian Tribes, Native Hawaiian Organizations, and Alaska Native Corporations" are not subject to the new re-evaluation procedures, as those tribes and organizations are sovereign entities; a rejection of automatic DBE eligibility for firms certified under the SBA's SDVOSB and 8(a) programs; and a requirement that all DBE Unified Certification Programs complete re-evaluation procedures within 90 days of the publication of the final rule (that publication date being September 25, 2026), with a one-time extension of another 90 days if approved by USDOT.

Find the final rule in the Federal Register at https://www.federalregister.gov/documents/2026/09/25/2026-19688/disadvantaged-business-enterprise-and-airport-concession-disadvantaged-business-enterprise-program.