October 9, 2025
TO: MDOT Industry Partners, Contractors, and Consultants
FROM: Acting Secretary Samantha J. Biddle
SUBJECT: United States Department of Transportation (USDOT) Interim Final Rule on the Disadvantaged Business Enterprise Program

Since the 1970s, the State of Maryland has supported small and disadvantaged entrepreneurs participating in federal transportation contracting opportunities, usually in partnership with the federal government. The Moore-Miller Administration is committed to ensuring fairness across the marketplace, supporting small businesses, and being a strong steward of public dollars. The Maryland Department of Transportation (MDOT) and the Department of Social and Economic Mobility (DoSEM) is committed to working with all stakeholders and federal partners on a path forward.

On October 3, 2025, the U.S. Secretary of Transportation issued an Interim Final Rule that makes significant changes to the Disadvantaged Business Enterprise (DBE) program. The Interim Final Rule became effective upon publication in the Federal Register and a copy is available at https://www.federalregister.gov/documents/2025/10/03/2025-19460/disadvantaged-business-enterprise-program-and-disadvantaged-business-enterprise-in-airport. This new rule does not impact the State’s Minority Business Enterprise (MBE) Program.

Among other changes, the Interim Final Rule removes the use of race- and sex-based presumptions of social and economic disadvantage in the certification process, contains new requirements that replace race- and sex-based presumptions of social and economic disadvantage, and requires that all businesses currently certified as DBE and Airport Concessions Disadvantaged Business Enterprise (ACDBE) must be re-evaluated in accordance with the new rules. Moving forward, current DBEs and ACDBEs and any others seeking certification must demonstrate, on a case-by-case basis, social and economic disadvantage based on their own experiences and circumstances within American society in order to participate in the DBE or ACDBE programs.

Effective immediately, in accordance with the Interim Final Rule, DBE and ACDBE goals on all active contracts funded by federal transportation dollars will not be enforced until all currently certified DBEs and ACDBEs are re-evaluated under the new certification requirements set by the Interim Final Rule, the MDOT will not include DBE and ACDBE goals on federally funded contracts or monitor DBE or ACDBE participation on active contracts.

DBEs and ACDBEs with current contracts or subcontracts should not be removed from those contracts. Prime contractors and consultants must honor contracts and concessions agreements with all subcontractors consistent with relevant contract provisions, nondiscrimination law and applicable Maryland contract law.

The information above is based solely on interpretation of public information provided by USDOT and is not intended as legal advice. Should you have questions regarding Interim Final Rule implications specific to your circumstances, please seek advice of counsel. MDOT will provide updates on changes to the DBE and ACDBE program as additional information becomes available.

Pursuant to federal regulation 49 C.F.R. Part 26, the Maryland Department of Transportation (MDOT) is seeking comments on the Disadvantaged Business Enterprise (DBE) Program and overall DBE goals for the Maryland Transit Administration (MTA) & Maryland Aviation Administration (MAA). In establishing overall DBE Program goals, federal regulations require consultation with stakeholders, which include, without limitation, minority and women’s business groups, community organizations, and other officials or organizations that may have information concerning the availability of disadvantaged businesses, the effects of discrimination on opportunities for small, minority and disadvantaged firms, and MTA’s and MAA’s efforts to increase DBE participation. To comply with this requirement, we are seeking stakeholder input through a survey and public meetings called Stakeholder Public Listening Sessions.

Your input is important and may be used to enhance operations of the DBE Program at MTA and MAA. Please complete the Survey and register to participate in one of our four Public Listening Sessions where you can provide “virtual” feedback.

The online survey must be completed by May 31, 2025 and can be accessed here

The Public Listening Sessions are scheduled as follows:
Subcontractors Only:
May 20, 2025 from 10:00 a.m-11:00 a.m. (Register here)
May 20, 2025 from 1:00 p.m.-2:00 p.m. (Register here)
Prime Contractors Only:
May 21, 2025 from 10:00 a.m-11:00 a.m. (Register here)
May 21, 2025 from 1:00 p.m.-2:00 p.m. (Register here)

If you have any questions, please contact the Office of Small and Minority Business Policy at [email protected] or 410-865-1298.

Mid-Atlantic small businesses affected by the Francis Scott Key Bridge collapse on March 26, 2024 may apply for low-interest, long-term Economic Injury Disaster Loans (EIDLs). For additional information and to access the the loan application click here. The filing deadline to return economic injury applications was December 30, 2024 (The applications are still being accepted)”

For more information or further assistance, contact SBA Customer Service Center at (800) 659-2955 or email [email protected] For people who are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

The State of Maryland is currently conducting a Disparity Study. For more information, please visit State of Maryland Disparity Study (stateofmddisparitystudy.com).

It has come to our attention that you may have received an email from "DocuSign" claiming to be on behalf of Maryland Department of Transportation (MDOT) Please be aware that this email did not originate from MDOT and could be malicious. [email protected].

Do not click any links in the message, as it may contain a virus. We apologize for any inconvenience it may have caused. Below is a sample of the suspicious email for your reference.

** ATTENTION** If you receive an email with the subject line “Maryland DOT MBE/DBE/ACDBE/SBE Certified & Approved Firms {SECURED} Notice” with a link please ignore. This is SPAM and has been reported to MDOT’s IT Department. Do Not Click on any links or send any information to a dropbox and delete the message. If you ever question the validity of any email do not hesitate to contact the Office of Minority Business Enterprise (OMBE).

Email: [email protected]
Phone: 410-865-1269

It has come to our attention that a phishing email has been directed to firms in the active Maryland Department of Transportation (MDOT) Directory of Certified Firms. The email was not generated by MDOT. Any emails being sent by the software system MDOT utilizes for certification applications and annual review monitoring will always com from [email protected].

Please do not click on any links or open email attachments from suspicious sites. A copy of the contents of the phishing email is shown below for your information:

Maryland small business owners can now offer their employees access to a savings plan for emergencies and retirement that is safe and trustworthy. MARYLAND$AVES was created by the State of Maryland and launched in the fall of 2022. Employers register for free and pay no ongoing fees for offering the WorkLife Savings account to their employees. In fact, the Maryland Department of Assessments and Taxation will waive the $300 annual report filing fee for every qualified employers that enrolls in the program. Employees control the WorkLife Savings account themselves. They contribute through payroll deductions and decide how much to save and when to withdraw from their savings. Learn more about this flexible and secure employee savings program.

Maryland$aves

As of January 1, 2025 the Personal Net Worth cap applied to the Minority Business Enterprise (MBE) program increased from $2,073,412 to $2,136,382.

The Maryland Department of Transportation, Office of Minority Business Enterprise is pleased to announce the implementation of a new Certification Management System (CMS), accessed through a cloud-based web portal. On-line Minority Business Enterprise (MBE), Disadvantage Business Enterprise (DBE), Airport Concession Disadvantage Business Enterprise (ACDBE) and Small Business Enterprise (SBE) applications for new certifications and Certification Continuation will be processed through this new system. Key features include the following:

• Online applications for new certifications and Continuation of Certification
• Enhanced Online Directory with key-word search capabilities
• Electronic submission of changes to the business firm profile
• Online training on how to use the system for certification and Certification Management
• Ability to submit online technical support ticket 24/7 Click Here - Online Support

OMBE staff can be contacted directly at 410-865-1269 or by email at [email protected] for general inquires or [email protected] for Certification Management specific inquiries.

The Small Business Administration (SBA) amended the regulation by which SBA establishes how a business meets size standards for a particular NAICS code. Effective January 6, 2022, the period has been changed from 3 years to 5 years.

The United States Department of Transportation (USDOT) DBE size cap found at 49 C.F.R. 26.65(b) is still subject to the 3-year gross receipts average.

For more information including application instructions visit the SBA's Coronavirus (COVID-19): Small Business Guidance & Loan Resource Webpage

MDOT-Planning has proposed the following DBE Goal for FFYs 2022-2024 for the Unified Planning Work Programs (UPWPs) of each Metropolitan Planning Organizations (MPOs), USDOT funded projects.

MDOT-SHA is proposing the following DBE Goal for FFYs 2022-2024. If there are any questions, please contact the MBE Office at [email protected] and/or call 410-865-1298.