Office of Civil Rights – Office of Business Development (OBD)
Notice to All DBE/ACDBE Firms
On October 3, 2025, the U.S. Department of Transportation (USDOT) issued an Interim Final Rule (IFR) that immediately changed how the Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) Programs operate nationwide.
The IFR became a Final Rule on September 25, 2026; the Final Rule continues the changes made to the requirements of the program with few modifications while providing additional clarifications and guidance. See Federal Register: DBE and ACDBE Final Rule. Similarly, under the Final Rule, DBE and ACDBE eligibility must be determined through an individualized assessment of social and economic disadvantage, without relying on race- or sex-based presumptions. See 49 CFR § 26.67. This shift to an individualized model of disadvantage led to all DBE and ACDBE firms needing to be reevaluated in accordance with 49 CFR § 26.67.
However, unlike the IFR, the Final Rule establishes a definitive, clearly communicated window for firms to submit their documentation for reevaluation to the Unified Certification Program (UCP) prior to their official removal. The Final Rule provides that DBEs and ACDBEs have until March 24, 2027 to submit their Personal Narratives (PN) and Personal Net Worth (PNW) Statements to the UCP. Any firm that fails to submit the required documentation by March 24, 2027 will be automatically disqualified from the program by the UCP without further administrative proceedings upon the issuance of a Notice of Disqualification (NOD) informing the firm that it has been disqualified for failure to meet the requirements of 49 CFR § 26.67. See 49 CFR § 26.111(d).
What This Means:
All currently certified DBE/ACDBE firms must be reevaluated under the new eligibility standards.
Existing DBEs/ACDBEs firms cannot be counted toward goals until the updated goal setting process is complete.
The New Jersey UCP and all sub-recipients are in the process of updating the agency DBE/ACDBE goals to restart the program.
Next Steps for DBE/ACDBE Firms:
If you have not submitted your reevaluation documentation, to avoid your automatic disqualification from the DBE/ACDBE Program based upon your non-responsiveness, please submit your PN, current PNW Statement, and any other financial information you consider relevant, in accordance with 49 CFR § 26.67(a)(4), no later than March 24, 2027.
Failure to submit the required documentation by this deadline will result in the issuance of a NOD informing you of your automatic disqualification from the DBE/ACDBE Program in accordance with 49 CFR § 26.111(d).
DBE/ACDBE Interstate Firms Previously Certified with the NJUCP Prior to Oct 3, 2025:
Once your home state has recertified your firm, you may submit a copy of a decision letter from its JOC, or a screenshot of its entry in the JOC UCP’s directory as proof of reevaluation to be added to the NJUCP directory.
Visit NJ TRANSIT’s Compliance Management System to submit your documentation: New Jersey Transit's Compliance Management System.
New Applications, New Interstate Applications, and Declarations of Eligibility (DOE):
Visit NJ TRANSIT’s Compliance Management System to submit your New Application, New Interstate Application, and Declarations of Eligibility (DOE): New Jersey Transit's Compliance Management System.
Declarations of Eligibility (DOE):
- All DBE certified firms must complete an annual DOE on the anniversary date of their original certification approval.
- Submit your DOE application if your firm has been reevaluated and your next scheduled anniversary is due.
Submit all application types here: Compliance Management System
NJ TRANSIT Notices to DBEs
U.S. Department of Transportation (DOT) DBE Final Rule
To review the September 2026 Final Rule and FAQ click the link below.