Additional Special Provision (ASP)-3

Three Construction workers at the I-43 North South project.
A DBE firm at work on the I-43 North South project in Milwaukee County.

The requirements of 49 CFR Part 26 and its application to WisDOT DBE contracts are contained within ASP-3.

ASP-3 is attached to projects that have Disadvantaged Business Enterprise​ (DBE) goals assigned, or applicable when DBEs are committed to projects with federal funding that do not have an assigned DBE goal. ASP-3 provides guidance for working with DBEs on construction projects beginning pre-bid and continuing through the life of a project.


Federal guidance on DBE Replacement 49 CFR Part 26.53, maintains that WisDOT must require that a prime contractor not terminate a DBE subcontractor (or an approved substitute DBE firm) without WisDOT's prior written consent. As of Oct. 13, 2020, the “DBE Replacement Policy” has been renamed, “DBE Commitment Modification Policy."

Contractors - We need your help reporting neutral DBE engagement. Neutral participation counts toward our overall goal and affects future goal projections.

Contractors need to submit an Attachment A:

  • Whenever a new DBE commitment is added to a project
  • If a commitment goes up for an existing DBE participation

Learn more about collection and credit for neutral DBE participation.

Please email Marquis Young​ with questions.

These provisions provide an explanation of the federal law and information regarding compliance with the DBE requirements applicable to trucking.

A hiring agreement signed by both the DBE or non-DBE trucking firm (broker) and its DBE lessees must also be submitted with the civil rights and compliance program section for approval of DBE credit on each and every project.