News & Analysis as of

DBE Program Federal Contractors

Snell & Wilmer

What President Trump’s Executive Orders Could Mean for the Disadvantaged Business Enterprise Program

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Since taking office, President Donald Trump has enacted two Executive Orders aimed at eliminating diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs from all aspects of...more

Schwabe, Williamson & Wyatt PC

New Executive Orders Banning DEI Initiatives Spur DBE Contractors to Take ‎Action Into Their Own Hands

Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...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

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

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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes....more

Winstead PC

Is DBE Contracting the Next to Fall After Affirmative Action?

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In a significant ruling that could reshape federal contracting, a federal district court in the Eastern District of Kentucky has granted a preliminary injunction against key aspects of the United States Department of...more

Potomac Law Group, PLLC

Federal Highway Administration Releases Guidance for DBE Program After Federal Injunction

Potomac Law Group, PLLC on

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 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

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

Robinson+Cole Construction Law Zone

USDOT’S DBE Program Blocked in Kentucky and Indiana

The end of the U.S. Department of Transportation’s (USDOT) Disadvantaged Business Enterprise (DBE) program is getting closer. The DBE program presumes women and minority-owned firms are disadvantaged and sets goals for them...more

Potomac Law Group, PLLC

DBE Program Partially Blocked After Legal Challenge

Potomac Law Group, PLLC on

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

Potomac Law Group, PLLC

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

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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 9, September 2024

Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory...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

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

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

Hinckley Allen

U.S. DOT Rule Revisions to the Disadvantaged Business Enterprise Program Take Effect – How Might These Changes Affect You?

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On May 9, 2024, the United States Department of Transportation’s (“USDOT”) amendments to the rules governing the Disadvantaged Business Enterprise (“DBE”) and Airport Concession Disadvantaged Business Enterprise (“ACDBE”)...more

PilieroMazza PLLC

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

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

Robinson+Cole Construction Law Zone

Federal DOT’s Disadvantaged Business Enterprise Program Challenged as Unconstitutional

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which limits the reach of race-based affirmative action programs in...more

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