On October 3, 2025, the U.S. Department of Transportation issued an interim final rule requiring immediate changes to the Disadvantaged Business Enterprise (DBE) program regulations.  All previously certified DBE firms within the State of New York must be re-evaluated by the New York State Department of Transportation (NYSDOT) to determine eligibility pursuant to newly established standards.  Qualifications based solely upon race or gender no longer apply, as under the new criteria, firms seeking DBE certification must establish social and economic disadvantage, without regard to race or gender.

Businesses that have been previously certified as DBEs will need to submit a personal narrative explaining how their social and economic disadvantage should afford them DBE certification.  Certifying entities, including NYSDOT, are currently in the process of reaching out to such businesses.

Should you need assistance with preparing your response in an effort to retain DBE certification, please contact Brendan R. Wolf, Esq.