Ditchmen • NUCA of Florida Ditchmen - March 2024(clone) | Page 8

The Dotted Line : What DOT ’ s final DBE rule means for civil contractors

New guidelines released this month streamline certification , raise personal net worth limits and strengthen monitoring and prompt payment requirements .
On April 9 , the DOT issued a new final rule for its Disadvantaged Business Enterprise workforce participation plan . The program , first signed into law by President Ronald Reagan in 1983 , sets goals to award at least 10 % of DOT-funded projects to companies owned by minorities , women and other socially and economically disadvantaged individuals . The federal program operates at the state level , usually through state DOTs , with stipulations for how federal grant monies are spent .
Attorneys say the new final rule , which also applies to DOT ’ s Airport Concession DBE program , refines and adds specificity to numerous facets of the plan , including the steps for certification as a DBE .
“ They ’ ve taken the existing program and they ’ ve augmented it ,” said Lawrence Prosen , an attorney and member of law firm Cozen O ’ Connor in Washington , D . C . “ They ’ ve provided some clarity , which overall should definitely be a plus for both
6 DITCHMEN • APRIL 2024