Civil Rights

Updated DBE Special Provisions effective for Feb. 26, 2025 letting

The Minnesota Department of Transportation Office of Civil Rights will be publishing the updated DBE Special Provisions with the MnDOT Letting taking place on February 26, 2025. The updated provisions will be effective for all projects let on and after February 26, 2025. A few of the updates in the special provisions include:

• DBE Documentation due on fifth day after letting (no time specified, can be submitted anytime on fifth day)
• Submissions due electronically via email only
• The updated credit category for distributor at 40% DBE credit
• Updated Exhibit A
• Regular dealer/distributor affirmation form

Contractors should continue to follow the special provisions that are published in any current lettings.

Special Provision links

• DBE Special Provisions
• Exhibit A
• DBE Regular Dealer/Distributor Affirmation Form

Disadvantaged Business Enterprise program

DBE Final Rule

On April 9, 2024, USDOT published the updated Final Rule for the DBE program under 49 CFR 26.  This rule went into effect on May 9, 2024.

1. MnDOT is working on the implementation plan for the updated regulations. 
2. There have not been changes to how MnDOT counts credit on project or collects data related to the DBE Final Rule at this time.
3. Our goal is to be open and transparent about any process changes on our end and provide our stakeholders with the resources to be compliant through training, documentation, and technical assistance.

Implementation of DBE Final Rule

Certification actions are being evaluated under the new rule.  Any decision made by the MnUCP will be reviewed by the USDOT using the new rule. 

Changes include (but are not limited to):

1. Increased Personal Net Worth (PNW) cap, adjusted for inflation

2. Certain assets excluded from PNW calculation

3. Five-year calculation for NAICS

4. Changes to decertification, appeal, summary suspension procedures

5. Audio recording required of onsite interview during certification actions

6. Expedited Interstate certification process

A firm located outside the state of Minnesota must obtain certification from the jurisdiction of original certification (JOC) before seeking certification in Minnesota. The JOC is the state in which the firm maintains its principle place of business at time of application. If you are DBE-certified in your JOC and would like to become certified in Minnesota, please provide:
1. A cover letter that specifies interest in applying for interstate certification and identifies all UCPs in which the DBE is certified including the JOC UCP
2. An electronic image of the UCP directory of the original UCP that shows certification, and
3. A new Declaration of Eligibility
Email this to MnDOT Office of Civil Rights.

7. Annual Affidavit of Eligibility – “No Change” affidavit – sent out on firm’s anniversary date

8. Calculating supplier/distributor/broker DBE participation credit

On Jan. 1, 2025, MnDOT will start counting DBE credit per the federal regulation updates to the regular dealer and new distributor category. MnDOT will host training in December 2024 for primes and DBE suppliers explaining the new updates. During this meeting we will go over updates that will be reflected in the DBE special provisions, updates to the Exhibit A form, and the USDOT regular dealer affirmation form. You can attend the open sessions online via the links below.

- Join Thursday, Dec. 5, 2024, 9 - 10:30 a.m.

- Join Tuesday, Dec. 10, 2024, 3 - 4:30 p.m.

- For DBE Suppliers only: Tuesday, Dec. 17, 2024, 9 - 10:30 a.m. – Please RSVP to attend the training for DBE suppliers

For more details on these updates, see 49 CFR 26.55(e).
For training slides, see DBE final rule training - regular dealer and distributor (PDF).

Additional Resources:

• https://www.transportation.gov/DBEFinalRule
• https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/dbe-program-best-practices