Understanding the U.S. Department of Transportation’s DBE Program

With historic levels of federal funding set to flow to state and local projects aimed at improving the nation’s roads, airports, railroads, and other transportations systems, it has never been more important for contractors to understand the requirements of the U.S. Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program.

The injection of federal dollars into infrastructure projects through the Investment and Jobs Act and other federal laws has created enormous opportunities for both prime contractors and DBE-certified firms, but the acceptance of these federal funds also comes with significant risks if companies fail to comply with DBE requirements. In this webinar, Crowell & Moring attorneys will discuss the following topics:

• Current requirements of the DOT DBE program, including but not limited to how these requirements are applied at the state level, the requirements for a contractor to be certified as a DBE, how to perform a commercially useful function, how to satisfy the good faith efforts requirement, and how the requirements impact large government contractors who respond to a solicitation or perform a contract with a DBE goal,
• Potential changes to the program as reflected in DOT’s 2022 notice of proposed rulemaking that would “strengthen implementation” of the DBE program,
• Common pitfalls, how the DBE requirements are enforced by federal and state regulators, and False Claims Act suits, and
• Best practices to mitigate risks.

For questions about this program, contact Ngar Eldredge at neldredge@crowell.com.