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 Benjie Hayek 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.