On October 3, 2025, the USDOT issued an Interim Final Rule (IFR) that significantly impacted the DBE certification process. The IFR removed the presumption of social and economic disadvantage. Applicants must demonstrate social and economic disadvantage (SED) affirmatively based on their own experiences and circumstances within American society, and without regard to race or sex.
Per the IFR, firms that had been certified under the presumed disadvantage must be reevaluated. Firms that were certified as of 10/2/2025, must submit a Personal Narrative and updated PNW so that their firm can be reevaluated under the new requirements.
Until the MNUCP completes the reevaluation process, agencies may not set DBE goals or count DBE participation towards their annual goal or individual project goals. Helpful links:
The goal of the DBE program is to ensure nondiscrimination in the award of US DOT-FTA-FAA-FHWA assisted contracts for highway, transit, and airport projects. The program is intended to create a “level playing field” on which DBEs can compete fairly with larger non-DBE firms.
Every year government agencies in Minnesota spend millions of dollars on highway, airport, housing, and transit planning, construction, and maintenance projects. When federal dollars are utilized for this work, goals for DBE participation may be set on these projects.
DBE’s are Disadvantaged Business Enterprises. DBE’s are for-profit small business concerns where socially and economically disadvantaged individuals own at least a 51% interest in the firm and control the management and daily business operations.
To become a Certified DBE firm and be listed in the MNUCP’s DBE Directory a firm must be verified by the MnUCP as meeting Federal DBE Regulation standards.
If you operate a small business that provides services in areas such as professional/technical/design and planning, supply, trucking or transportation, construction, and construction-related or other services that might be utilized by one of the MNUCP members you may want to seek certification. Businesses seeking certification as a DBE may want to consider obtaining legal and financial advice concerning eligibility requirements for certification prior to applying for certification.
Small businesses are certified to ensure that they meet the requirements of the federal regulations governing the program. Certified DBE’s are listed in a directory published by the MnUCP. Once listed in the directory a small business will be among the pool of DBEs prime contractors can use to meet DBE goals on projects.
Certification of a business can be valuable tool for developing and maintaining business relationships.
The ACDBE program is specifically for airport concessionaires that may be located within an airport or for which the business activity takes place at an airport. While eligibility standards for ACDBEs are similar to those of DBE businesses, such as the personal net worth limit of $2.047 million, the average annual gross receipts not to exceed $56.42 million when averaged over a three year period (With the exception of car rentals, auto dealers, pay phone operators, and banks).
The DBE program is not a guarantee of work. The DBE program seeks to level the playing field on which firms compete for contracts on projects of the MNUCP agencies. As a DBE you must compete with other DBEs and non-DBEs for work.
Being a DBE supports your firms marketing and networking efforts by a) inclusion of the firm in the DBE Directory used by contractors to find businesses eligible to meet contract goals and b) notification of networking, training and contracting opportunities