DBE Interim Final Rule Workshop

For business owners

February 2026

Purpose

The purpose of this workshop is to:

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• Inform you of the changes under the DBE Final Rule from October 3rd, 2025
• Inform you of the UUCP’s plans moving forward
• Inform you of resources for personal narratives

Disclaimer:

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To maintain objectivity, UDOT and its certifying partners cannot provide specific assistance or any advice to businesses. We can provide information from the regulations and other publicly-accessible information as things to consider.

DBE Program History

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The DBE program was first enacted in 1983 by US Congress, where it required that at least 10% of federal transit funding go to DBEs. It is administered by the USDOT.

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The 10% goal has remained at the federal level, and recipients, like DOTs, are required to set their own goal.

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Fun Fact: The DBE program has to be reauthorized by congress every five years, and it is up for reauthorization this year.

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Changes in 1987:

• DBE programs for airport concessions began (but wasn’t law)
• Women were added as a group presumed to be disadvantaged
• The AGR cap was set to $14 million over three years (currently $31.84 million)

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Fun fact: ACDBE was not made law until 2005- 22 years after DBE!

1999 Final Rule

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• The importance of Good Faith Efforts was strengthened
• Race-neutral provisions were mandated
• Prompt payment became required
• Recipients no longer had to justify not meeting the 10% national DBE goal, and the realistic “level playing field” goal was introduced

Who certifies?

Utah Unified Certification Program

(UUCP)

As of 1999, states must provide “one-stop shopping” for businesses seeking certification.

Each state has different certifying agencies, and Utah’s are:

• Utah Department of Transportation
• Utah Transit Authority
• SLC Department of Airports (SLCDA)

We have been working together throughout this change to move forward, and other states have been doing the same. Our acronym is the UUCP (Utah Unified Certification Program)

Applications first come to UDOT, who will assign it to the appropriate certifying agency.

What Happened?

The October 2025 Interim Final Rule, issued October 3rd, 2025, suspended the DBE program, and the following became true:

• Business owners no longer qualify for DBE status on the basis of race or sex (female-owned or minority-owned business)
• Business owners now must qualify for DBE status on the basis of individual disadvantage.

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The new responsibilities of certifying agencies are:

• Identify and offer to reevaluate all previously certified DBEs under the new standards
• Pause DBE goals until the UUCP reevaluation process is complete (depends on how many DBEs a state has)
• Update our DBE program plan

When?

The Interim Final Rule was issued October 3rd, 2025, and became effective that day. There is typically a comment period before a rule goes into effect, but the USDOT stated that this rule was exempt.

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The regulation at 49 CFR § 26.111 provides that UCPs should complete the Re-evaluation process “as quickly as practicable.”

Where?

The new rule applies to every DOT, transit agency, and airport in the country that has a DBE program. The rule says that each state must re-evaluate their in-state DBEs before continuing with the program.

• Businesses wishing to apply for interstate certification must first be re-evaluated and certified in their initial state, or Jurisdiction of Original Certification (JOC). Utah is accepting re-evaluation applications until 04/30/2026.

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What happens with interstates?

• The interstate certification process that began in 2024 will continue (a cover letter, screenshot of the DBE directory in the JOC, and a DOE)
• States around the US may accept interstate applications as they finish their reevaluation process, but it will be state-by-state
• According to the websites of various state DOTs, there are many that have not started their reevaluation process

Why?

The USDOT stated that they made these changes because the previous DBE program was unconstitutional due to the fact that it used race and sex-based presumptions.

• Instead of qualifying on the basis of group membership, they state that individualized determinations based on disadvantage align better with the DBE program’s objectives.

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The IFR:

• Paused DBE contract goals, but they will resume once re-evaluations are complete
• Emphasized the open, fair, and level playing field attributes of the program
• Tightened standards around control, ownership, and independence
• Ensured DBE eligibility is based on individualized evidence of disadvantage

How Will The Re-Evaluation Process Work?

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IFR Updates Require Two Items for Re-Evaluation:

• Personal Narrative (PN) Statement
• UDOT has created a UUCP PN Writing Guide
• All of the information in the writing guide is public. The UUCP is providing the information as something to consider.

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• Personal Net Worth (PNW) Statement
• USDOT PNW PDF
• No changes to current document

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• Complete the Re-Eval 25 Application
• App can be found within your firm’s vendor profile of the B2GNow system
• Attach PN and PNW
• Attach all documentation necessary to support your Personal Narrative Statement and impediments
• Communications, Denial letters, etc.
• Sign and Submit your application for processing

Personal Narrative

• The Personal Narrative is used to establish social disadvantage in alignment with the IFR. Three categories of social disadvantage are mentioned in the rule:
1. Economic Hardship
2. Systemic Barriers
3. Denied Opportunities

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• The owner does not need to meet all three categories.
• The rule clearly states that the narrative must not rely, in whole or in part, on race or sex. All experiences must have occurred within American society.

Personal Narrative Flow

Specific experiences of

Economic hardship

Systemic barriers

Denied opportunities

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Obstacles in Education, Employment, or Business Development

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Economic Harm

(type and magnitude)

Instances from the 12/01/25 IFR FAQ

What the UUCP is looking for:

• The information in a PN must prove disadvantage by a “preponderance of the evidence”.
• Preponderance of evidence means something is more likely than not.
• Consistency between your narrative and evidence
• We must evaluate all presented evidence (business records, denied financing, employment history, education interruptions, etc)

Personal

Narrative

Personal Net Worth Statement

• All business owners submitting a re-evaluation application need to include a new Personal Net Worth Statement (49 CFR § 26.111)
• The PNW threshold remains the same, at $2,047,000.

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• You may not have completed one of these since your original DBE application
• Give yourself enough time to complete it, and submit any other relevant financial information that may be relevant

What has the UUCP been doing?

The UUCP has been working together to create a path forward for our DBEs, communicate information, and to create and release workshops and guidance. Upcoming in-person workshops:

⭐Exciting News!⭐

• The UUCP will begin accepting reevaluation applications on 02/10/2026!

Applications will be accepted through our online application portal, B2G. Technical assistance is available on our and B2G’s websites.

• 2/10 from 7:00-10:00 am and 4:00-7:00 pm
• UDOT HQ, 4501 S 2700 W, Taylorsville, UT 84129

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• 2/11 from 8:00-10:00 am and 12:00-2:00 pm
• UDOT HQ, 4501 S 2700 W, Taylorsville, UT 84129

What can you expect from us?

• Competing re-evaluations “as quickly as practicable” and promptly notifying the USDOT when we are complete
• Issuing decisions to each previously certified DBE and ACDBE stating whether or not they continue to be certified, de-certified, or delisted based on the information provided to us by April 30th, 2026
• Contacting all previously certified DBEs and ACDBEs
• Out-of-date contact information has been a challenge
• UUCP Directory can be filtered and searched for DBE/ACDBE firms who have been re-evaluated and certified

The DBE program may be implemented in the Fall of 2026. Updates will be sent to Prime contractors. B2GNow will be used to notify DBEs.

B2GNow Details

The UUCP utilizes B2GNow to:

• Accept documents for re-evaluation (PN and PNW Statements)
• Accept initial applications
• Communicate with our DBEs and ACDBEs
• Store all of your information and documents in one place

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Do I have to use B2GNow?

• Yes. The UUCP is no longer accepting paper documents.
• B2GNow helps speed up processing times
• No risk of your application getting lost
• You can easily reference what you have submitted and what you are missing
• Upload as many documents as you need
• No need to print out documents (printer ink is expensive!)

https://utahucp.dbesystem.com/

B2GNow Assistance

We have created a guide to the re-evaluation process within B2GNow! It will walk you through where to find the re-evaluation application and how to upload your documents.

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B2GNow is safe, secure, and stores all of your documents in one place. Many states around the country use and trust B2GNow.

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⭐Help us help you!⭐

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To help the UUCP complete the re-evaluation process efficiently and in a timely manner, we ask that you:

• Submit the Re-Evaluation Application as soon as you can
• Submit all additional documents with your application
• Double check before submitting that you’ve included all evidence that you feel is relevant to your story

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DBE goals cannot continue until the UUCP has completed the Re-Evaluation process. Help us help you!

Scan to access B2GNow Re-evaluation instructions:

Does the UUCP have resources?

Yes! The UUCP has developed the following:

• Standards of evidence – what does Preponderance of Evidence really mean?
• Are there templates for my Personal Narrative (PN)? (Fillable PDF)
• Personal Narrative (PN) Writing Guide
• Personal Net Worth (PNW) Statement (Fillable PDF)
• Personal Net Worth (PNW) Statement Help Guide (PDF)
• Where do I submit my Personal Narrative Statement?
• How do I log into B2Gnow for the first time?
• How do I navigate B2Gnow?
• Re-Evaluation Application Guide
• How will the UUCP Certifiers guide for reviewing DBE and/or ACDBE’s for re-evaluation?
• DBE Program Withdrawal Form
• B2G en español

This slideshow will be posted on UDOT’s Civil Rights website and sent out to attendees!

Q&A

The UUCP sincerely appreciates you attending this workshop and your continued support of and interest in the DBE program in the state of Utah!

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As a reminder, to maintain objectivity, UDOT and its certifying partners cannot provide specific assistance or any advice to businesses. We can provide information from the regulations and other publicly-accessible information as things to consider.

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Scan to access B2GNow:

(Works best on desktop) https://utahucp.dbesystem.com/

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Tori Berry, Amy Emerson, David Crosby, and Harley McCall, UDOT

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Ava Cabey and

Tina Nee, SLCDA

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Kenya Fail and Cal Miller, UTA

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civilrights@utah.gov

https://connect.udot.utah.gov/business/civil-rights/

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