DBE Rule Comment Period Closes December 24

Comments are due by Dec. 24, 2012, on the U.S. Department of Transportation’s (DOT) proposal to make significant changes in its Disadvantaged Business Enterprise (DBE) rules. The Notice of Proposed Rulemaking (NPRM), issued on September 6, 2012, suggests a series of changes in the bidding process, including requiring contractors to submit a list of DBEs that will be used on a project with their bid. In addition, contractors that do not achieve this goal must submit documentation of good faith efforts with their bids. The proposed rule would also tighten down on the certification process that determines whether or not a firm qualifies as a DBE. For a summary of the proposed changes, please click here. AGC of America will be submitting detailed comments on the proposal. A draft version of AGCA’s comments has been shared with chapters to assist them in submitting their own comments on the NPRM. AGC members are also asked to submit comments on the proposal. Many already have. AGC has prepared a sample comment letter that you can access at AGC’s Legislative Action Center and submit directly to DOT. If possible, we ask that you formulate your own unique comments and submit those to DOT. They do not have to be elaborate or detailed. A brief expression of concern about the proposed changes is helpful. You can access the DOT docket here to submit your comments directly. For more information, please contact Brian Deery at (703) 837-5319 or deeryb@agc.org.