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Federal Government Halts Disadvantaged Business Enterprise (DBE) Appeal Decisions

After the government issued the new Disadvantaged Business Enterprise regulations in April 2024, many folks have been waiting to see how the U.S. Department of Transportation’s DBE program office will interpret the new...more

Alternatives to Federal Diversity Certifications: LGBTBE Certification

As a result of the federal government’s clear directives against Diversity, Equity, and Inclusion that put the Disadvantaged Business Enterprise (“DBE”), 8(a) Business Development Program, Woman-Owned Small Business (“WOSB”),...more

Alternatives to Federal Diversity Certifications: Minority Business Enterprise Certifications

As a result of the federal government’s clear directives against Diversity, Equity, and Inclusion that put the Disadvantaged Business Enterprise (“DBE”), 8(a) Business Development Program, Woman-Owned Small Business (“WOSB”),...more

Current Status of Legal Challenge to the DBE Program

I have previously blogged about the legal challenge to the DBE program taking place in the United States District Court for the Eastern District of Kentucky, where several non-DBE firms are challenging the constitutionality...more

Coalition of Organizations and Businesses Challenges Injunction Against the Disadvantaged Business Enterprise Program

On Friday, January 24, 2025, the National Association of Minority Contractors (“NAMC”); Women First National Legislative Committee; Airport Minority Advisory Council (“AMAC”); Women Construction Owners & Executives, Illinois...more

A Status Update on Pending Legal Challenges to Federal Government Contracting Diversity Programs

As many of you know, federal contracting programs aimed at leveling the playing field for diverse and women-owned businesses have been under legal attack. An incredible number of small businesses rely heavily on these...more

Federal Highway Administration Releases Guidance for DBE Program After Federal Injunction

In late September, a federal judge entered a preliminary injunction to partially blog the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of my blog on that decision can...more

The Court Extends and Clarifies the Injunction Barring DBE Program

In late September, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program....more

Can a Disadvantaged Individual Hold Their DBE Ownership in Trust? Recent Revisions to the Regulations Are Unclear

Many business owners consult with accounting and tax professionals on how to best accomplish their financial goals and estate planning, but sometimes those decisions run afoul of what is allowable under the Disadvantaged...more

The Top Five Things Disadvantaged Business Enterprises (DBE) Should Know When Taking On Investors

As many business owners recognize, growing your business is expensive. Disadvantaged Business Enterprise (DBE) owners need to keep the USDOT regulations in mind when raising funds from investors, including private equity...more

DBE Program Partially Blocked After Legal Challenge

Last month, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of the...more

What DBE Owners Need to Know About Delegation

If you own a business and want to qualify as a socially and economically disadvantaged owner (SEDO) for the U.S. Department of Transportation's Disadvantaged Business Enterprise (DBE) or Airport Concession Disadvantaged...more

Prompt Payment Requirements for DBEs and ACDBEs

If you are a business owner who performs work on contracts as a Disadvantaged Business Enterprises (DBEs) or Airport Concession Disadvantaged Business Enterprises (ACDBEs), you should be aware of some significant changes to...more

What Happens When a Disadvantaged Business Enterprise (DBE) Loses Its Certification?

If you are a business owner who is certified as a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE), you may be wondering what happens to your DBE status and...more

DBE Certification and NAICS Codes - What You Need to Know

If you are a business owner who wants to become certified as a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE), you need to show that you can perform work under the...more

How to Determine Whether Your Company Meets the Size Limitations for the DBE and ACDBE Programs

Are you a business owner who wants to participate in the Disadvantaged Business Enterprise (DBE) or Airport Concession Disadvantaged Business Enterprise (ACDBE) programs? If so, you need to know how the U.S. Department of...more

Understanding SBA Affiliation Concepts

Affiliation is a key concept for small business owners who want to qualify for federal contracts and programs administered by the Small Business Administration (SBA) or the Disadvantaged Business Enterprise (DBE) or Airport...more

What is a Disadvantaged Business Enterprise Summary Suspension?

If you are a business owner who is certified as a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE) by the U.S. Department of Transportation (DOT), you should be aware...more

Overview of Updates to the Control Requirements for DBE Certification

Preliminary Note: On Tuesday, April 9, 2024, the United States Department of Transportation issued a final rule that modernized the Disadvantaged Business Enterprise (DBE) program and the Airport Concessions DBE (ACDBE)...more

DBE Companies Do Not Need to Recertify or Reapply Every Year

Preliminary Note: On Tuesday, April 9, 2024, the United States Department of Transportation issued a final rule that modernized the Disadvantaged Business Enterprise (DBE) program and the Airport Concessions DBE (ACDBE)...more

How to Challenge Another Company’s DBE Certification

Often when working with my Disadvantaged Business Enterprise (“DBE”) clients, I hear complaints about businesses that are certified as a DBE but who do not meet the requirements – perhaps the owner of the company’s personal...more

Gifting of Ownership - A Look at the New Requirements Under the Disadvantaged Business Enterprise Regulations

A gift can be a valid way to acquire ownership in a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE), but there are some specific requirements you need to follow to...more

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