For your convenience, please see the below memo which was distributed by FHWA on April 26, 2018.

TO THE ATTENTION OF DIVISION ADMINISTRATORS, ASSISTANT DIVISION ADMINISTRATORS/CHIEF OPERATING OFFICERS/SECOND-IN-LINE, and CIVIL RIGHTS SPECIALISTS

PURPOSE: To share new Official DBE Program Guidance signed by the U.S.DOT Office of General Counsel now posted on the Departmental Office of Civil Rights (DOCR) website: https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/dbe-guidance:

DBE Program Guidance on Timely Processing of DBE Certification Applications

The guidance clarifies the responsibility of UCPs to track their progress in reviewing certification applications, to adequately communicate with the applicant firms to ensure that all the information needed for a complete application is provided, and to ensure that certification decisions are made within the regulatory deadlines (90 days after receipt of a complete application for in-state certifications, and 60 days after receipt of a complete application for interstate certifications).

DBE Program Guidance on Local or State Minority-owned Business Enterprise (MBE)/Women-owned Business Enterprise (WBE) (collectively, MWBE) Goals on Federal-Aid Contracts

The guidance sets forth the Department’s position that State and local business participation program goals cannot be applied to federal-aid contracts.

Prompt Payment Section Sample Template

The guidance provides a sample template that recipients may implement through their DBE Program Plans to encourage proactive monitoring and enforcement of the DBE regulation requiring prime contractors to promptly pay and release retainage to a subcontractor after the subcontractor’s work is satisfactorily completed.  While use of the template is optional, DOT encourages recipients to use this sample template to ensure subcontractors are promptly paid in accordance with 49 CFR §26.29.

DATE:  April 26, 2018
ACTION:  Please forward to your respective State Department of Transportation.
POINT OF CONTACT: Martha Kenley, 202-366-8110; martha.kenleyl@dot.gov