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Mobile City council members press for clarity after state suspends ALDOT DBE rules; Michael Baker waiver noted
Summary
Council members raised questions about a state interim suspension of DBE requirements on ALDOT-funded projects and clarified a previously approved waiver that reduced — but did not remove — DBE participation on a Michael Baker International contract.
At a Jan. 27 pre-meeting, council members sought clarity after staff described an interim change affecting Disadvantaged Business Enterprise (DBE) requirements on Alabama Department of Transportation-funded projects. Lisa Carroll, the city clerk, read a long consent calendar before members paused to ask about a crossed-out DBE section in contract paperwork.
A council member said the contract paperwork appeared to show an omitted or altered DBE section and pressed staff to explain whether the state suspension meant contractors no longer needed to engage DBE subcontractors. City staff (identified in the transcript as speaker 10) told the council the state had issued guidance that effectively suspended DBE requirements for ALDOT-funded projects in the interim while the department and federal partners change certification rules. "They just don't have a program," staff said, adding that guidance would be updated and that contractors could still choose to use DBEs but were not required during the suspension.
Staff stressed the statewide guidance applies only to ALDOT projects and does not affect other state treasury or city guidelines that still require minority-, woman- or service-disabled-veteran-owned participation on non-ALDOT funds. An administrative speaker summarized the change: previously certified DBEs must reapply under new federal guidance that removes race-based certification criteria and focuses on economic disadvantage.
Council members then asked specifically about a previously approved waiver relating to a Michael Baker International contract for planning or stormwater services. A council member said the waiver "should have been in there" and staff confirmed the waiver had been approved earlier but was omitted from the paperwork; staff said the waiver lowered the DBE percentage rather than removing DBE participation entirely.
The exchange concluded with staff noting that larger projects typically see more DBE subcontracting and that small, self-performed jobs (staff referenced a roughly $275,000 service-road job in the discussion) have fewer subcontracting opportunities. Council members asked for clearer documentation and that the administration ensure waivers and DBE percentage changes are visible in contract files.
The council did not take a final vote during this pre-meeting segment; members directed staff to clarify contract paperwork and to provide updated guidance as state rules evolve.
