DOT has released Official FAQs on DBE Program Regulations. These questions and answers provide guidance and information for compliance with the provisions under 49 CFR part 26. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations.
At what time does the rule require prime contractors to return retainage to subcontractors?
In implementing the required prompt payment clause, may recipients require prime contractors to provide evidence of payment of retainage to subcontractors?
Must a recipient enforce the prompt payment clause required by the rule?
Is relying on complaints an appropriate means of enforcing the prompt payment and retainage requirements of the rule?
Are there ways that recipients can facilitate prompt payment of retainage to DBEs and other subcontractors while limiting burdens on prime contractors?