Comment period extended for DBE program changes
Published on 01/20/2014
In September 2012, the U.S. Department of Transportation (DOT) issued a Notice of Proposed Rulemaking concerning the implementation of its Disadvantaged Business Enterprise (DBE) program. The department is reopening the public comment period for the potential program modifications, and is inviting the public to submit their comments until December 26, 2013.
The proposed rule changes in the Notice would make revisions to the personal net worth, application, and reporting forms; modifications to various certification-related provisions of the rule; and revisions to several other provisions of the rule, concerning such subjects as good faith efforts, transit vehicle manufacturers, and goal setting.
Some of the significant modifications include:
- An increase in the personal net worth limit for DBE certification to $1.32 million.
- A declaration that once a firm is DBE certified, they will remain certified until they withdraw or are de-certified.
- A requirement that bidders show that each DBE they will be using is certified in the NAICS code for the work it will perform.
- A requirement that bidders provide all good faith effort documentation related to DBE outreach at the time of the bid or the day following the bid opening.
- An authorization for government agencies awarding projects with DBE goals to terminate the contract, withhold monthly payments, and/or levy sanctions if DBE requirements are not met during the duration of the contract.
- An authorization for government agencies awarding projects with DBE goals to allow DBE credit for DBE trucking firms that lease equipment from non-DBE firms.
Comments with the agency name and DOT Docket ID Number OST?2012?0147 may be submitted by any of the following methods:
- Federal Rulemaking Portal: Go to www.regulations.gov and follow the online instructions for submitting comments.
- Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12?140, Washington, DC 20590?0001.
- Hand Delivery or Courier: West Building Ground Floor, Room W12?140, 1200 New Jersey Avenue SE., between 9:00 a.m. and 5:00 p.m. Eastern Standard Time, Monday through Friday, except Federal holidays.
- Fax: (202) 493?2251.