The Department issued two important rulemaking documents today relating to the DBE program. The first is an "advance notice of proposed rulemaking" (ANPRM) that seeks comment on several DBE matters, including:
- (1) counting of items obtained by a DBE subcontractor from its prime contractor;
(2) ways of encouraging ''unbundling'' of contracts to facilitate participation by small businesses, including DBEs;
(3) potential improvements to the DBE application form;
(4) suggestions related to program oversight;
(5) potential regulatory action to facilitate certification for firms seeking to work as DBEs in more than one state; and
- (6) additional limitations on the discretion of prime contractors to terminate DBEs for convenience, once the prime contractor had committed to using the DBE as part of its showing of good faith efforts.
The ANPRM can be accessed at: http://edocket.access.gpo.gov/2009/pdf/E9-7903.pdf
The second document is a "notice of proposed rulemaking" (NPRM) that would propose to improve administration of the DBE program by calling upon recipients to transmit overall goals to the Department for approval every three years, rather than annually. The NPRM can be accessed at: http://edocket.access.gpo.gov/2009/pdf/E9-7904.pdf
We greatly value your contribution to the DBE program and welcome your comments and suggestions. I encourage you to discuss both the ANPRM and NPRM with your colleagues. When submitting your comments, please follow the instructions contained in each document. Comments on both the ANPRM and NPRM must be received by July 7, 2009.
Joseph E. Austin
Associate Director
External Civil Rights Programs Division (S-33)
U.S. Department of Transportation
202-366-5992
