12-Suspension of DBE Requirements.pdf
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- Solicitation number
- 2027-17
- Issued by
- Multnomah County, Oregon
About this file
This is a notice of suspension of Disadvantaged Business Enterprise (DBE) requirements issued by the Oregon Department of Transportation (ODOT) for the 181st Ave Safety Upgrades project spanning SE Stark Street to E Burnside Street. The project involves sidewalk construction, paving, storm drainage, street lighting, interconnect work, and utility undergrounding. The suspension became effective October 3, 2025, in accordance with the U.S. Department of Transportation's Interim Final Rule modifying DBE certification, compliance, and reporting requirements. ODOT has suspended all previously applicable DBE contractual requirements on federally funded projects, including DBE commitment requirements, DBE certification and utilization forms, assigned DBE goals, and associated requirements contained within the 2024 Standard Specifications for Construction sections 00120.10, 00160, 00170, and 00180.
The suspension of DBE requirements results from modifications to the DBE program that no longer permit certification to rely solely on race or gender when determining eligibility. Oregon's Certification Office for Business Inclusion and Diversity (COBID) is responsible for reevaluating the eligibility of all DBE-certified firms on an individualized basis without reliance on race- or sex-based presumptions of disadvantage. Until COBID completes this reevaluation process, ODOT cannot update its overall DBE goal, set contract-specific DBE goals on federally funded projects, or count DBE participation toward established goals. Contractors are required to cooperate in processing any contractual revisions ODOT deems necessary to effectuate the updated DBE Program requirements resulting from the Interim Final Rule implementation.
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Text version
CONTRACT NO._____________________ Fed Project Bid Book (REV. 6/2026) PROJECT: 181st Ave Safety Upgrades: SE Stark St to E Burnside St
PAGE: 47
(E) Suspension of Disadvantaged Business Enterprise (DBE) Requirements
10-15-25 7 Bid (Federal) BB36_DBE-Interim-Final-Rule-Implementation
NOTICE TO BIDDERS REGARDING DISADVANTAGED BUSINESS ENTERPRISE (DBE)
INTERIM FINAL RULE IMPLEMENTATION
The U.S. Department of Transportation (USDOT) issued an Interim Final Rule effective October 3, 2025, modifying the certification, compliance and reporting requirements of the Disadvantaged Business Enterprise program (DBE IFR). The DBE IFR was published in the Federal Register at 90 Fed Reg 47,969 (2025) and is available here:
https://www.transportation.gov/mission/civil-rights/disadvantaged-business-enterprise/DBE-
IFR-10-03-2025.
DBE certification may no longer rely on race or gender solely when determining DBE eligibility and 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. Oregon’s Certification Office for Business Inclusion and Diversity (COBID) is the Unified Certification Program (UCP) for the State of Oregon and is responsible for performing the reevaluations and certifications. Until the reevaluation process is completed by COBID, ODOT may not update its overall goal, set any contract DBE goals on federally funded projects or count any DBE participation toward DBE goals.
In accordance with the DBE IFR, the ODOT’s DBE requirements applicable to federally funded projects prior to the 10/03/2025 effective date of the rule are no longer in effect and the associated DBE contractual requirements have been suspended, including the following:
• DBE Commitment Requirements and DBE Certification and Utilization Form,
• Oregon Department of Transportation Policy Statement – Disadvantaged Business
Enterprise (DBE) Program,
• DBE Supplemental Required Contract Provisions,
• Assigned DBE Goal, and
• Any associated DBE requirements contained within the 2024 Standard Specifications for
Construction 00120.10, 00160, 00170 and 00180.
https://www.transportation.gov/mission/civil-rights/disadvantaged-business-enterprise/DBE-IFR-10-03-2025 https://www.transportation.gov/mission/civil-rights/disadvantaged-business-enterprise/DBE-IFR-10-03-2025
10-15-25 SP00028_SUSPENSION of DBE
SUSPENSION OF DISADVANTAGED BUSINESS ENTERPRISE (DBE)
REQUIREMENTS EFFECTIVE 10/03/2025
In accordance with the Interim Final Rule, effective October 3, 2025 and published at 90 Fed Reg 47,969 (2025), modifying the certification, compliance and reporting requirements of the Disadvantaged Business Enterprise program (DBE IFR), ODOT’s DBE requirements that were applicable to federally funded projects prior to the 10/03/2025 effective date of the rule are no longer in effect, and the associated DBE contractual requirements have been suspended pending implementation of the DBE IFR. Contractor will cooperate in processing any contractual revisions ODOT deems necessary or appropriate to effectuate the updated DBE Program requirements that may result from the DBE IFR implementation.
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