DBE Interim Final Rule Implementation

Location:	North Carolina
Posted:	Oct 8, 2025
Due:	Oct 15, 2025
Agency:	Division of Highways
Type of Government:	State & Local
Category:	89 - Subsistence (Food)
Publication URL:	To access bid details, please log in.

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JOSH STEIN

GOVERNOR

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

DANIEL H. JOHNSON

SECRETARY

DATE:

October 6, 2025

TO:

NCDOT Divisions and All Federal-Aid Subrecipients (Transit, Aviation,

and Local Governments)

FROM:

Chief Operating Officer, Christopher A. Peoples

SUBJECT:

DBE Interim Final Rule Implementation

On September 30, 2025, the U.S. Department of Transportation (USDOT) issued guidance on the

Interim Final Rule (Rule) modifying the certification, compliance and reporting requirements of

the Disadvantaged Business Enterprise (DBE) program. The Rule was published in the federal

https://www.transportation.gov/mission/civil-rights/disadvantaged-business-enterprise/DBE-IFR-

10-03-2025.

The North Carolina Unified Certification Program (UCP), administered by the N. C. Department

of Transportation (NCDOT) provides “one-stop shopping” for applicants to apply for DBE

certification within the state. The Rule requires the eligibility of all DBE certified firms to be

reevaluated on an individualized basis, without reliance on race- or sex-based presumptions of

disadvantage. Until the reevaluation process is completed by the UCP, recipients of federal

transportation funds — including NCDOT and all subrecipients such as transit agencies, airports,

and local governments — may not update their overall goal, set any contract DBE goals on

federally funded projects or count any DBE participation toward DBE goals. By extension, for

State-funded projects governed by N.C.G.S. § 136-28.4, no new Minority Business/Women

Business Enterprise (MB/WBE) contract goals may be set.

Effective immediately:

• Contracts Executed prior to October 3, 2025; Active

o DBE contract provisions on executed federally funded contracts must continue

to be enforced as written.

o MB/WBE contract provisions on executed State-funded funded contracts must

continue to be enforced as written.

• Contracts Awarded prior to October 3, 2025; Not Executed

o DBE contract provisions on federally funded projects awarded, but not yet

executed, remain in effect as stated in the procurement documents.

Mailing Address:

NC DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

1501 MAIL SERVICE CENTER

RALEIGH, NC 27699-1501

Telephone: (919) 707-2800

Fax: (919) 733-9150

Customer Service: 1-877-368-4968

Website: ncdot.gov

Location:

1 S WILMINGTON STREET

RALEIGH, NC 27601

o MB/WBE contract provisions on State-funded projects awarded, but not yet

executed, remain in effect as stated in the procurement documents.

• Contracts Advertised prior to October 3, 2025; Not Awarded

o DBE goals must be removed from federally funded projects currently advertised

for letting. Divisions and subrecipients should coordinate with their respective

procurement offices to issue addenda or bidder notifications as needed.

o MB/WBE goals must be removed from State-funded projects currently advertised

for letting. Divisions and subrecipients should coordinate with their respective

procurement offices to issue addenda or bidder notifications as needed.

• Future Projects; Not Advertised

o No DBE goals may be established for future federally funded contracts until

further guidance is provided.

o No MB/WBE goals may be established for future State-funded contracts until

further guidance is provided.

• DBE Supportive Services

o Existing DBE certified and small firms may continue to access supportive service

resources available through the Office of Civil Rights.

For questions, please contact:

DBE Certification/ Supportive Services:

Kimberly Pellom-Fennell dbeopportunity@ncdot.gov 919-234-1245

Contract Bidding/ Letting: Ron Davenport redavenport@ncdot.gov 919-707-6901

Locally Administered Projects: Marta Matthews mtmatthews@ncdot.gov 919-707-6626

Aviation: Nick Short nshort2@ncdot.gov 919-814-0550

Integrated Mobility Division: Brennon Fuqua bfuqua1@ncdot.gov 919-707-4691

We will continue to monitor federal guidance closely and provide timely updates for NCDOT

divisions, transit providers, airports, and local governments.

Sincerely,

Christopher A. Peoples P.E.

cc: Secretary Daniel Johnson

Yolanda Jordan, Division Administrator (FHWA- NC)

Edward Parker, Assistant Division Administrator (FHWA-NC)

This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.

DBE Interim Final Rule Implementation

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See also