What happened: As the U.S. Department of Transportation (U.S. DOT) finalizes pending revisions to the Disadvantaged Business Enterprise (DBE) program, ARTBA members and staff met Jan. 17 with officials from the White House Office of Information and Regulatory Affairs (OIRA) and other federal agencies to recap the association’s positions on these proposals. The meeting was part of OIRA’s review of the proposed revisions and public comments, a final step before enacting the rule changes.

Why it matters: U.S. DOT has proposed numerous smaller-scale revisions to the DBE program. ARTBA previously filed comments on the proposals in October 2022.

Most notably, the department is considering capping – at 50 percent – the portion of a project’s DBE goal that can be fulfilled through procurement of materials from DBE suppliers and manufacturers. During ARTBA’s meeting with OIRA, Craig Hoogstraten of Philadelphia’s James J. Anderson Construction, who chairs ARTBA’s DBE Program Policy Task Force, and Bob Latham, executive vice president of the Associated Pennsylvania Constructors, explained that such an arbitrary limit would severely disrupt industry efforts to meet DBE goals in their state.

On the positive side, ARTBA reiterated its support for the Federal Highway Administration’s “DBE Performance Plan” initiative, which allows a more flexible approach to meeting goals on design-build projects. In addition, ARTBA strongly supports U.S. DOT’s intentions to improve the accuracy and timeliness of DBE directories.

What’s next: Once OIRA completes its review of the draft, U.S. DOT will publish it in the Federal Register. While there’s currently no timeline for publication, the agency has signaled it hopes to finalize revisions by February. ARTBA’s Rich Juliano or Prianka Sharma are contacts.

Related News

January 26, 2024

ARTBA Reiterates Buy America Concerns in White House Meeting

What happened: In a Jan. 25 meeting with the White House Office of…

Learn More
January 12, 2024

As Partial Government Shutdown Looms, ARTBA Urges Action

What happened: Each congressional delegation Jan. 12 received a state-specific overview of the infrastructure…

Learn More
January 5, 2024

ARTBA, Allies Comment on Draft EPA Permit Guidance

What happened: ARTBA and its allies Dec. 27 commented on the Environmental Protection Agency (EPA) draft guidance…

Learn More