DE&I Editorial
EO 14398 — DEI Discrimination by Federal Contractors · Effective April 2026 Opinion & Analysis · Tomar Media Editorial Board Serving WBE · MBE · DBE · VOB · LGBTQ+ Business Owners in AEC New York & New Jersey
Editorial April 2026
Construction workers on site

Federal Policy · DBE / MBE / WBE / VOB

They Came for Our Certifications.
Here's What We Do Now.

The Trump administration has gutted the federal programs that helped minority, women, veteran, and LGBTQ+-owned AEC firms compete. The threat is real. But so is the road forward.

Opinion · Editorial
Minority business enterprise MBE / WBE Firms
Women architect Women in AEC
Veteran owned business Veteran-Owned Firms
$68M
MBDA budget eliminated
40+
Years the DBE program served underrepresented firms
15,000+
MBEs in NMSDC's corporate network

Let's be honest about what has happened. The Trump administration, through a series of executive orders and regulatory rewrites, has systematically dismantled the federal infrastructure that existed to give minority, women, veteran, and LGBTQ+-owned businesses a fighting chance in Architecture, Engineering, and Construction. This is not hyperbole. This is the record.

On January 20, 2025 — his first day in office — President Trump signed an executive order eliminating DEI programs across the federal government. The next day, a second order directed all agencies to terminate affirmative action requirements for federal contractors. The Minority Business Development Agency, created under President Nixon in 1969 and permanently authorized by Congress just four years ago, was ordered fully eliminated — its $68 million annual budget zeroed out.

In October 2025, the DOT issued an Interim Final Rule stripping the presumption that had defined the Disadvantaged Business Enterprise program for four decades. No longer can women or minority-owned businesses be presumed disadvantaged. Every owner must now submit a personal narrative — a written account of specific instances of discrimination — and undergo individual reevaluation. All existing DBE certifications were suspended, and federal agencies were directed to set zero-percent DBE participation goals.

"The firms that build relationships with large private-sector primes now will be positioned well regardless of which way federal policy swings."

— Tomar Media Editorial Board

We could spend this entire editorial in rage — and honestly, the rage is warranted. These programs existed because the construction industry, left entirely to its own devices, produced demonstrably inequitable outcomes for generations. Disparity studies in virtually every major American city have documented persistent underutilization of MBE, WBE, and DBE firms. The programs weren't charity. They were a correction.

But our readers are business owners. You don't have the luxury of waiting for a more favorable political climate. You need to know where the opportunities still exist — and where new ones are emerging.

The Federal Story Is Not Fully Written

Executive orders cannot unilaterally eliminate congressionally authorized programs. The DBE program was created by statute, and courts have been clear that presidents lack authority to override congressional laws by executive action alone. Multiple organizations — including the National Association of Minority Contractors, Women Construction Owners & Executives, and the Airport Minority Advisory Council — have already intervened in federal litigation to defend the program.

Abandoning your federal DBE certification right now would be a strategic error. Adapt to the new personal narrative requirement and maintain your standing in the New York State Unified Certification Program. Your certification travels across every agency in New York State.

A Timeline of the Rollback

Jan 20, 2025
Executive Order signed eliminating DEI programs across federal government on Day One.
Jan 21, 2025
Second order terminates affirmative action requirements for all federal contractors; revokes prior equal opportunity executive actions.
March 14, 2025
EO 14238 directs full elimination of the Minority Business Development Agency — $68.25M budget zeroed out.
May 28, 2025
Trump DOT formally proposes ending the four-decade-old DBE transportation contracting mandate.
Oct 3, 2025
DOT Interim Final Rule takes effect. Race and gender presumption eliminated. All DBE certifications suspended. Federal agencies set 0% DBE goals.

Where the Doors Are Still Open

New York State's M/WBE program, governed by Article 15-A of the Executive Law, sets mandatory participation goals on state-funded contracts and is entirely independent of federal DBE regulations. The MTA, DDC, NYCHA, NYCEDC, and Port Authority all operate under state law — their M/WBE and SDVOB programs remain intact. New Jersey maintains its full suite: M/WBE, Veteran-Owned, LGBTQ+ certifications — all with the $100 filing fee waived.

Key Insight

The Private Sector Is Now the Frontier

Large corporations are under no executive order to abandon their supplier diversity programs. A McKinsey analysis found that minority- and women-owned businesses provide corporate partners with year-over-year cost savings averaging 8.5%. Ernst & Young spends over $400 million annually with diverse suppliers — roughly 12% of its total procurement spend.

For AEC firms, this means registering with supplier diversity programs of major primes: Turner Construction, Skanska, AECOM, WSP, Jacobs. These firms maintain their own vendor portals and diversity spend commitments that exist entirely independent of Washington.

Strategic Action Matrix

StrategyChannelPriority
Maintain NY/NJ state M/WBE certification MTA, DDC, NYCHA, Port Authority, NJ state contracts Immediate
File DBE Personal Narrative — adapt, don't abandon Federal transportation contracts, NYSUCP directory Immediate
Pursue NMSDC certification via NY/NJ regional council Corporate supplier diversity programs Immediate
WBENC certification (for WBE firms) Fortune 500 supply chains, prime contractor portals High
Register in prime contractor vendor portals Turner, Skanska, AECOM, WSP, Jacobs subcontracting High
SBA 8(a) program (if eligible) Federal set-asides, 9-year development runway High
NYS SDVOB certification (veteran-owned firms) Mandatory state contract goals — NYS OGS certified High
SBA HUBZone certification (if zone-eligible) Federal contracts in designated areas Medium

Our Position

Tomar Media was founded to serve this community. The rollback of the DBE program, the elimination of the MBDA, and the broader assault on federal equity infrastructure represent a genuine setback. We will not pretend otherwise. Their absence will be felt most by smaller firms that relied on federal set-asides as a bridge to build capacity and credit.

But this community has always been forced to outperform the playing field just to stay in the game. That is an indictment of the systems that required it — and a fact about the resilience and competitive strength of the firms we cover. The strategy has changed. The mission has not. Adapt, stack, and build.

The Certification Landscape Changed. The Business Opportunity Didn't.

For those willing to stack certifications, build corporate relationships, and lean into state and local programs, the AEC market in New York and New Jersey remains one of the most active infrastructure environments in the world.

The Billion Dollar Roundtable — corporations spending over $1 billion annually with diverse suppliers — operates entirely outside the federal government's reach. The private sector pipeline is not just surviving the rollback — in many cases, it's growing.

Know your certifications. Know your channels. Build before you need it.

Tomar Media Editorial Board · tomarmedia.com · Serving WBE · MBE · DBE · VOB · LGBTQ+ Business Owners in AEC · New York & New Jersey
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Editorial April 2026
Construction workers on site

Federal Policy · DBE / MBE / WBE / VOB

They Came for Our Certifications.
Here's What We Do Now.

The Trump administration has gutted the federal programs that helped minority, women, veteran, and LGBTQ+-owned AEC firms compete. The threat is real. But so is the road forward — if we know where to look.

Opinion · Editorial
Minority business enterprise MBE / WBE Firms
Women architect professional Women in AEC
Veteran owned business Veteran-Owned Firms
$68M
MBDA budget
eliminated
40+
Years the DBE program
served underrepresented firms
15,000+
MBEs in NMSDC's
corporate network

Let's be honest about what has happened. The Trump administration, through a series of executive orders and regulatory rewrites, has systematically dismantled the federal infrastructure that existed to give minority, women, veteran, and LGBTQ+-owned businesses a fighting chance in the Architecture, Engineering, and Construction sector. This is not hyperbole. This is the record.

On January 20, 2025 — his first day in office — President Trump signed an executive order eliminating DEI programs across the federal government. The next day, a second order directed all federal agencies to terminate affirmative action requirements for federal contractors. The Minority Business Development Agency, created under President Nixon in 1969 and permanently authorized by Congress just four years ago, was ordered fully eliminated, its $68 million annual budget zeroed out. The Office of Federal Contract Compliance Programs — the watchdog that enforced equal opportunity in contracting — was slated for closure.

In October 2025, the Department of Transportation issued an Interim Final Rule stripping the foundational presumption that had defined the Disadvantaged Business Enterprise program for four decades. No longer can women or minority-owned businesses be presumed disadvantaged. Instead, every owner must submit a personal narrative — a written account of specific instances of discrimination — and undergo individual reevaluation. All existing DBE certifications were suspended pending review, and federal agencies were directed to set zero-percent DBE participation goals.

"The firms that build relationships with large private-sector primes now will be positioned well regardless of which way federal policy swings."

— Tomar Media Editorial Board

We could spend this entire editorial in rage — and honestly, the rage is warranted. These programs existed because the construction industry, left entirely to its own devices, produced demonstrably inequitable outcomes for generations. Disparity studies conducted in virtually every major American city have documented persistent underutilization of MBE, WBE, and DBE firms. The programs weren't charity. They were a correction.

But our readers are business owners. You don't have the luxury of waiting for a more favorable political climate. You need to know where the opportunities still exist, where new ones are emerging, and how to position your firm to capture them.

The Federal Story Is Not Fully Written

Executive orders cannot unilaterally eliminate congressionally authorized programs. The DBE program was created by statute. Courts have been clear that presidents lack the authority to override congressional laws by executive action alone. Multiple organizations — including the National Association of Minority Contractors, Women Construction Owners & Executives, and the Airport Minority Advisory Council — have already intervened in federal litigation to defend the program's constitutionality.

Abandoning your federal DBE certification right now would be a strategic error. Adapt to the new personal narrative requirement and maintain your standing in the New York State Unified Certification Program. Your certification travels across every agency in New York State that recognizes DBE status.

A Timeline of the Rollback

Jan 20, 2025
Executive Order signed eliminating DEI programs across federal government on Day One.
Jan 21, 2025
Second order terminates affirmative action requirements for federal contractors and revokes prior executive actions on equal opportunity.
March 14, 2025
EO 14238 directs elimination of the Minority Business Development Agency and six other federal bodies "to the maximum extent consistent with applicable law."
May 28, 2025
Trump DOT formally proposes ending the four-decade-old DBE transportation contracting mandate, citing pending federal lawsuit.
Oct 3, 2025
DOT Interim Final Rule takes effect. Race and gender presumption eliminated. All DBE certifications suspended. Federal agencies directed to set 0% DBE goals.

Where the Doors Are Still Open

The federal retreat does not mean opportunity has evaporated. It means opportunity has redistributed. New York State's M/WBE program, governed by Article 15-A of the Executive Law, sets mandatory participation goals on state-funded contracts and is entirely independent of federal DBE regulations. The MTA, the DDC, NYCHA, NYCEDC, the Port Authority — these agencies operate under state law, and their M/WBE and SDVOB programs remain intact. New Jersey similarly maintains its full suite: M/WBE, Veteran-Owned, LGBTQ+ certifications — all with the $100 filing fee waived.

The SBA's 8(a) Business Development Program — a nine-year federal development runway that includes set-aside contracting, mentorship, and business development assistance — has survived the current wave of cuts. If your firm qualifies and you have not pursued 8(a) status, this window should not be ignored.

Key Insight

The Private Sector Is Now the Frontier

Large corporations are under no executive order to abandon their supplier diversity programs. For many — driven by ESG commitments, investor pressure, and genuine business logic — diverse suppliers are more valuable than ever. A McKinsey analysis found that minority- and women-owned businesses provide corporate partners with year-over-year cost savings averaging 8.5%. Ernst & Young spends over $400 million annually with diverse suppliers — roughly 12% of its total procurement spend.

For AEC firms, this means registering with the supplier diversity programs of major prime contractors: Turner Construction, Skanska, AECOM, WSP, Jacobs, Stantec. These firms have their own vendor portals and diversity spend commitments that exist entirely independent of the federal government.

The Certifications That Still Matter

The most important strategic move any MBE, WBE, VOB, or LGBTQ+-owned AEC firm can make right now is stacking certifications across multiple bodies. The NMSDC — the National Minority Supplier Development Council — operates entirely in the private sector, connecting over 15,000 certified MBEs to more than 1,700 corporate members. The Women's Business Enterprise National Council (WBENC) is the gold standard for women-owned business verification with Fortune 500 companies. For veteran-owned firms, the National Veteran Business Development Council (NVBDC) fills the private-sector equivalent role.

Strategic Action Matrix

Strategy Channel Priority
Maintain NY/NJ state M/WBE certification MTA, DDC, NYCHA, Port Authority, NJ state contracts Immediate
File DBE Personal Narrative — adapt, don't abandon Federal transportation contracts, NYSUCP directory Immediate
Pursue NMSDC certification via NY/NJ regional council Corporate supplier diversity programs Immediate
WBENC certification (for WBE firms) Fortune 500 supply chains, prime contractor portals High
Register in prime contractor vendor portals Turner, Skanska, AECOM, WSP, Jacobs subcontracting High
SBA 8(a) program (if eligible) Federal set-asides, 9-year development runway High
NYS SDVOB certification (veteran-owned firms) Mandatory state contract goals — NYS OGS certified High
SBA HUBZone certification (if zone-eligible) Federal contracts, competitive advantage in designated areas Medium

Our Position

Tomar Media was founded to serve this community. The rollback of the DBE program, the elimination of the MBDA, and the broader assault on federal equity infrastructure represent a genuine setback. We will not pretend otherwise. These programs had a purpose. Their absence will be felt — particularly by smaller firms that relied on federal set-asides as a bridge to build capacity and credit.

But this community has always been forced to outperform the playing field just to stay in the game. That is not a compliment. It is an indictment of the systems that required it. And it is also a fact about the resilience, the craft, and the competitive strength of the firms we cover.

The strategy has changed. The mission has not. Adapt, stack, and build. The work continues.

The Certification Landscape Changed. The Business Opportunity Didn't.

The federal pullback is real, and its impact will be felt most acutely by firms that had no other strategy. But for those willing to stack certifications, build corporate relationships, and lean into state and local programs, the AEC market in New York and New Jersey remains one of the most active infrastructure environments in the world.

The Billion Dollar Roundtable — corporations each spending more than $1 billion annually with diverse suppliers — operates entirely outside the federal government's reach. Corporate ESG commitments and the demonstrable business case for supplier diversity mean the private sector pipeline is not just surviving the rollback — in many cases, it's growing.

Know your certifications. Know your channels. Build before you need it.

Tomar Media Editorial Board · tomarmedia.com · Serving WBE · MBE · DBE · VOB · LGBTQ+ Business Owners in AEC · New York & New Jersey