Disadvantaged Business Enterprise (DBE) Program

About the Program

The federal DBE Program seeks to create a level playing field on which Disadvantaged Business Enterprises can compete fairly for USDOT-assisted contracts. CDOT administers this program on behalf of FHWA and FTA as a condition of receiving federal funds, and must adhere to regulatory requirements in order to remain eligible for continued federal funding.

USDOT issues Interim Final Rule and guidance requiring immediate changes to DBE program regulations

On Oct. 3, 2025, the United States Department of Transportation (USDOT) published an Interim Final Rule (IFR) in the Federal Register modifying the eligibility requirements for participation in the Disadvantaged Business Enterprise (DBE) program. Furthermore, the IFR mandates that all currently certified DBEs be reevaluated, and ultimately recertified, for continued program eligibility under these new requirements. 49 C.F.R. § 26.111.

The Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantage Business Enterprise (ACDBE) modifications can be found in the Federal Register Update.

Key Provisions to Know

  • Certification review: All DBE firms must be reevaluated and recertified to determine eligibility under the new standards established in the IFR.
  • Personal narrative requirement: All certified DBE firms, including but not limited to those owned by an individual who was presumed to be disadvantaged (e.g., women, Black American, Hispanic American, Native American, Asian Pacific American, Subcontinent Asian American), will now be required to submit a personal narrative explaining their social and economic disadvantage, without regard to race or gender.
    • CDOT is seeking detailed guidance on narrative details and criteria from the USDOT but please see the link above to the IFR for a discussion about the personal narrative requirement.
  • Personal net worth statement: All certified DBE firms, including but not limited to those owned by an individual who was presumed to be disadvantaged (e.g., women, Black American, Hispanic American, Native American, Asian Pacific American, Subcontinent Asian American), will now be required to submit an updated personal net worth statement.
  • Suspension of DBE goals for future projects: Contracts effective on or after Oct. 03, 2025, CDOT cannot set DBE goals until the certification review process described in the bullet above is complete.

30-Day Public Comment Period Now Open

How to Submit a Comment: Comments may be submitted on or before Nov. 3, 2025, through one of the following methods:

  • Online: visit the Federal Rulemaking Portal. Follow the online instructions for submitting comments.
  • Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
  • Hand Delivery: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Important Notes:

  • All submissions must include the agency name, docket number (DOT–OST–2025–0897), and Regulatory Identifier Number (RIN 2105–AF33).
  • Comments will be posted publicly without edits, including any personal information provided.

CDOT ESB Program Continuity

While DBE goals are paused for contracts executed on or after Oct. 3, 2025, CDOT continues to advance the Emerging Small Business (ESB) program. The ESB program remains race- and gender-neutral, focusing solely on business size, and is not impacted by the interim rule.

CDOT Support & Resources

  • CDOT is committed to assisting all affected firms and applicants through this transition as we clarify a path forward.
  • CDOT will continue to provide supportive services to the small business community.
  • Stay connected through our Connect2DOT newsletter for information, online resources, events and more.

CDOT DBE Frequently Asked Questions

What are CDOT's Statewide DBE Goals?

Because DBE is a USDOT program, statewide goals are set according to the federal fiscal year. CDOT sets separate 3-year DBE goals for FHWA and FTA in accordance with the USDOT methodology. CDOT then reports its progress toward the goals to FHWA and FTA on a semi-annual basis.

Does CDOT Have Separate Statewide DBE Goals for FHWA and FTA funds?
Yes. CDOT is required to execute the goal-setting methodology separately for FHWA-assisted and FTA-assisted contracts.
Why is CDOT's Statewide FHWA DBE Goal so much lower than City and County of Denver's Metro Denver Area DBE goal?
Generally,  DBE goals are set based on factors such as projected USDOT-assisted contracting opportunities relative to DBE availability. Differences among agency DBE goals can be attributed to these factors, among others. One key difference between the City and County of Denver and CDOT is that CDOT’s DBE goal methodology must account for USDOT-assisted contracting opportunities statewide, including rural areas where there may be limited DBE availability. By contrast, the City and County of Denver’s methodology is based on contracting opportunities limited to the Denver metro area, where there is a higher concentration of DBE availability.