News & Analysis as of

Small Business DBE Program

Potomac Law Group, PLLC

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

Potomac Law Group, PLLC

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

Schwabe, Williamson & Wyatt PC

OP-ED: Executive Orders Cannot Eliminate USDOT’s DBE Program

Within hours of taking office, President Trump executed two executive orders aimed at rescinding former President Biden’s Diversity, Equity, and Inclusion (DEI)-focused orders. Trump’s orders reached beyond actions by the...more

Schwabe, Williamson & Wyatt PC

Potential Impacts of Trump’s DEI Executive Order on SBAs, Alaska Native Corporations, ‎and Tribes

On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order states that it ends “all discriminatory and illegal preferences,...more

Potomac Law Group, PLLC

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

Cozen O'Connor

Sports Betting Companies Pay $6.5 Million for Allegedly Conspiring to Violate D.C. Laws

Cozen O'Connor on

District of Columbia AG Brian Schwalb has settled with Intralot, Inc. and Veterans Services Corporation (VSC) to resolve an investigation into allegations that the companies deceived city officials in violation of the...more

Potomac Law Group, PLLC

Federal Highway Administration Releases Guidance for DBE Program After Federal Injunction

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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

Clark Hill PLC

Transportation's Disadvantaged Business Enterprise Program Violates Fifth Amendment's Guarantee of Equal Protection, Court Says

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In an effort to increase participation by disadvantaged business enterprises in projects funded by federal transportation grants, received by certain state departments of transportation (DOT), Congress enacted the U.S....more

Potomac Law Group, PLLC

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

Potomac Law Group, PLLC on

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

Nossaman LLP

Federal Court Enjoins Race- and Gender-Based Classifications in USDOT DBE Program

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On September 23, 2024, the United States District Court for the Eastern District of Kentucky (the “Court”) issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al.,...more

Schwabe, Williamson & Wyatt PC

Unraveling the Latest District Court Decision on DOT’s DBE Program

As we have previously discussed, a case filed in the Federal District Court for the Eastern District of Kentucky, Mid-America Milling Company, LLC, et. al. v. U.S. Department of Transportation, et. al., Case No. 3:23-cv-72,...more

Nossaman LLP

Federal Court Issues Preliminary Injunction Based on Plaintiffs’ Challenges to the USDOT’s DBE Program

Nossaman LLP on

On September 23, 2024, the United States District Court for the Eastern District of Kentucky issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al., No....more

Potomac Law Group, PLLC

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

Potomac Law Group, PLLC

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

Potomac Law Group, PLLC

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

Potomac Law Group, PLLC

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

Potomac Law Group, PLLC

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

PilieroMazza PLLC

Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise DBE Program

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The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the...more

PilieroMazza PLLC

[Webinar] Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise (DBE) Program Effective May 9, 2024 - May 8th,...

PilieroMazza PLLC on

The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the...more

Schwabe, Williamson & Wyatt PC

Mid-America Continues to Challenge DOT’s DBE Program ‎

Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 was filed in the United States District Court for the Eastern District of Kentucky to challenge the federal Department of...more

Schwabe, Williamson & Wyatt PC

Mid-America Case Challenges the DOT’s Use of a Rebuttable Presumption

On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky. Raising the...more

Schwabe, Williamson & Wyatt PC

Supplemental Briefing Filed in Bruckner Case

As previously discussed, the federal district court deciding Christian Bruckner’s lawsuit to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small...more

Schwabe, Williamson & Wyatt PC

Further Briefing Requested Regarding Scope of Bruckner’s Challenge

As we discussed in prior updates, on July 13, 2022, Christian Bruckner filed a lawsuit in the federal district court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around...more

Bass, Berry & Sims PLC

Proposed Rule for DBE Program Comes as Infrastructure Money Begins to Flow

Bass, Berry & Sims PLC on

The Infrastructure Investment and Jobs Act (IIJA) is a historic investment in our nation’s roads, bridges, railways, airports and transportation systems. The bill appropriates $550 billion to physical infrastructure projects,...more

Robinson+Cole Construction Law Zone

Comments on DOT Proposed Rulemaking for DBE and ACDBE Programs Extended to October 31, 2022

The Department of Transportation (DOT) recently published a notice in the Federal Register of proposed rulemaking (NPRM) to amend the Disadvantaged Business Enterprise (DBE) and the Airport Concession Disadvantaged Business...more

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