THE DOT ISSUES INTERIM FINAL RULE SUSPENDING DBE/ACDBE GOALS

In a Nutshell: What the IFR Does & Why

• On September 30, 2025, DOT issued an Interim Final Rule (IFR) that immediately suspends the use of DBE and ACDBE goals (and counting toward them) until UCPs finish a mandatory “reevaluation” of their current certified firms. Department of Transportation+1
• The underlying driver: DOT and DOJ have determined that the race- and sex-based presumptions in prior DBE/ACDBE regulations are unconstitutional. Department of Transportation+1
• Thus, every UCP must reexamine the eligibility of all existing DBE/ACDBE firms under a “new” standard (no presumption) — certify those that still qualify, decertify those that don’t. Department of Transportation+2Department of Transportation+2
• Until that reevaluation is done, no recipient (i.e. DOT sub‐grantee, state DOT, transit agency, airport authority, etc.) may:

1. Set new DBE or ACDBE contract goals Department of Transportation+1
2. Count any DBE or ACDBE participation toward existing goals Department of Transportation+1

So existing certified DBE/ACDBE firms lose the benefits of their certification (for goal setting / counting) until the UCP’s reevaluation completes.

What Exactly is the UCP Reevaluation Process?

Because that’s the million-dollar question for everyone impacted (agencies, primes, subcontractors). Here’s the breakdown, based on the IFR and related guidance:

1. Scope

• The UCP must identify every currently certified DBE (under 49 CFR Part 26) and ACDBE (under Part 23) in their jurisdiction. Department of Transportation+1
• Each firm must be given an opportunity to submit documentation under the new eligibility criteria (i.e. without relying on race/sex presumptions) for recertification. Department of Transportation+1
• The UCP must decide: either recertify, or decertify, based on whether a firm meets the new standards. Department of Transportation+1
• Interestingly, the usual decertification procedures under § 26.87 do not apply to this process. Department of Transportation+1



1. New Certification Standard (No Presumptions)

• Under the new regime, owners must affirmatively demonstrate social/economic disadvantage with individualized evidence. No automatic “if you’re in this race/sex category, you get it” shortcuts. Department of Transportation+1
• That means personal narratives, financial data (net worth, etc.), and showing how barriers affected them economically, relative to a similarly situated non-disadvantaged individual. Department of Transportation
• The definition of “socially and economically disadvantaged individual” is revised to strip out race/sex presumptions. Department of Transportation+1

1. Timeline & “As Quickly as Practicable” Standard

• The IFR instructs UCPs to complete their reevaluations “as quickly as practicable” after issuing the rule. Department of Transportation+1
• However, it does not prescribe a hard deadline in the text (i.e. “within X days”). Department of Transportation+1
• During that time, recipients covered by that UCP are subject to the suspension of goals/counting until the UCP notifies DOT that the reevaluation is complete. Department of Transportation+2Department of Transportation+2

1. Transition Provisions & Relief

• Until reevaluation is done, recipients are not subject to certain compliance provisions of §§ 26.47 (DBE) or §§ 23.57 (ACDBE). Department of Transportation+1
• Neither must recipients update their overall goals during transition (i.e. cannot rework their goal methodologies while this is in flux). Department of Transportation
• The rule intends to “level the playing field" by preventing old certified firms from having bagged benefits under the old presumptions. Department of Transportation+1

What This Means (For Different Stakeholders)

This is messy. Real messy. Some of the consequences and practical challenges:

• For recipients (DOT grantees, states, agencies, airports)
• They’ll have to pause any DBE/ACDBE goal setting until their UCP finishes reevaluation
• Contracts in procurement pipelines will have to adjust: you can’t include DBE goals or count DBE participation until the reevaluation is done
• It complicates forecasting: you might have planned a DBE participation target, now that’s off the table
• It will shift workload to UCPs (reviewing, recertifying, decertifying) and slow down portions of contracting or oversight
• For DBE/ACDBE firms
• Existing certifications are no longer “safe.” You’ll have to re-prove eligibility under stricter rules
• Some firms may be decertified if they fail to meet the new standard
• There will be an administrative burden of submitting narratives, financials, evidence
• Firms currently relying on presumptions of eligibility (race/sex categories) are particularly vulnerable
• For prime contractors / subcontractors
• If your bid plans counted DBE subcontractors or relied on DBE goals, that model is in flux
• You’ll need to monitor whether the UCP has completed reevaluation before you assume DBEs can count toward goals
• You may face “unknowns” mid-contract if a subcontractor loses DBE status
• For oversight & enforcement
• DOT retains authority to review each UCP’s reevaluation process
• Decertification in this process is not using the usual § 26.87 mechanisms, so the legal and procedural framework is new and untested

Caveats / Things to Watch

• The IFR is interim. There may yet be legal challenges, judicial review, or further refinement.
• Because “as quickly as practicable” is vague, some UCPs may drag their feet or interpret it loosely — creating uneven application across jurisdictions.
• The lines for “social disadvantage,” “economic disadvantage,” and what evidence suffices will be contested. Expect appeals, disputes, and back-and-forth with certifying agencies.
• Some projects already underway may end up in limbo when they need to count DBE participation toward goals that are now suspended.

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The Sheldon Concert Hall Reopens After $11 Million Renovation

The historic Sheldon Concert Hall will reopen following a major renovation that has transformed the visitor experience inside and out. Closed since Memorial Day, the venue has undergone about $11 million in upgrades over the past several years, led by Trivers Architects and BSI Builders.

Guests will notice changes before even stepping inside, with a striking new marquee featuring multicolored lights. Inside, the refreshed lobby welcomes visitors with a crisp white box office and a new grand staircase accented by Scandinavian-style light wood flooring. Upstairs, upgrades include a zebra-striped accent wall, a bar area, a cozy lounge nook with new seating, and updated restrooms with wood-paneled stalls.

The renovations were designed to make the Sheldon a more comfortable place to gather before and after performances, blending modern style with the venue’s historic charm. While the concert hall itself remains largely untouched, a new carpet brings a subtle update to the iconic space.

The Sheldon Art Galleries have also been reconfigured to accommodate a wider range of art. The first new exhibit, We Each Hold Stories, featuring work from Indigenous American artists, will open November 7—the same date as the hall’s public grand opening celebration.



A full season of performances is already on the calendar, including holiday favorite A Creole Christmas and many more to come.

Jarrell Mechanical Contracting Named Among Fastest-Growing Companies in St. Louis

Jarrell Mechanical Contracting has earned a place among the region’s most dynamic businesses, securing the #30 spot on the St. Louis Business Journal’s Fast 50 Awards list.

The Fast 50 is an annual ranking that celebrates the fastest-growing privately held companies in the St. Louis area, based on revenue growth over the past three years. More than just a measure of financial success, the recognition highlights organizations that are fueling innovation, creating jobs, and strengthening the local economy.

For Jarrell Mechanical Contracting, the honor reflects years of consistent growth and a reputation for excellence in the construction and contracting industry.

As the company continues to grow, Jarrell Mechanical Contracting remains focused on delivering innovative solutions, building lasting relationships, and supporting the communities it serves. The Fast 50 honor underscores the company’s role as both a business leader and a trusted partner in the region’s construction industry.

CDC Team Visits Dierbergs Markets 370 Crossing to Witness Tilt Panel Raise

The CDC team recently had the exciting opportunity to witness a major milestone at the Dierbergs Markets 370 Crossing project: the raising of the tilt panels. This moment marks a significant turning point in construction, as the building begins to rise vertically, giving a tangible sense of progress to the project.

Tilt panel construction is a key part of many commercial building projects. Precast concrete panels are poured and cured off-site, then carefully transported and lifted into place on the job site. Watching the panels being raised is not only visually impressive, but also a testament to the precision, coordination, and expertise required to execute this stage safely and efficiently.

PARIC Construction, the general contractor for the project, graciously invited the CDC team on-site to observe the process firsthand. Team members got an up-close view of how the panels are hoisted, positioned, and secured, gaining valuable insight into the construction techniques that bring large-scale projects like this to life.



The tilt panel raise at Dierbergs Markets 370 Crossing is more than just a structural milestone—it represents the combined effort of architects, engineers, contractors, and the construction team working together to bring a vision to life. For the CDC team, it was an inspiring reminder of the complexity, collaboration, and dedication that define successful construction projects.