The U.S. Department of Transportation’s Interim Final Rule (IFR) has created months of uncertainty for contractors, agencies, and certified firms trying to understand what comes next for the DBE program and goals on federally funded projects. In California, at least one piece of that uncertainty now has a date attached to it.
On March 2, 2026, Caltrans and its California Unified Certification Program (CUCP) partners began the statewide reevaluation process for all Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) firms. Caltrans set a deadline of April 16, 2026 to submit the materials required for reevaluation: a Personal Narrative, a Personal Net Worth statement, and supporting documentation.
Continue Reading California’s DBE Recertification Deadline Is Here: What Contractors Need to Do By April 16
The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn furnish the required bonds to the federal government. The bonds guarantee that the contractor will comply with the terms of the contract and perform as required. Although the sureties do not interact directly with the federal government, a recent decision from the US District Court in DC suggests that sureties could face liability where the bonded contractor violates the civil False Claims Act (“FCA”), 31 U.S.C. § 3729. In Scollick ex rel. United States v. Narula, No. 1:14-CV-01339-RCL, 2022 WL 3020936 (D.D.C. July 29, 2022) the court held, under the facts of that case, that the sureties had no knowledge of the fraud allegedly committed by the bonded contractor, and thus did not violate the FCA. Although the sureties escaped in this instance, this case demonstrates the expansive reach of the FCA and puts the insurance industry on notice that they are not immune from FCA liability.
On May 3, Seyfarth attorneys Teddie Arnold and Anthony LaPlaca are presenting a 1-day session on Government Contract Compliance as part of the Federal Publications Seminars’ Training Academy in La Jolla, California. Seyfarth attorneys Joe Dyer, Stephanie Magnell, and Bret Marfut will also be presenting remotely.