ACDBE Post-Award Substitution Sample Clauses

ACDBE Post-Award Substitution. The Airports Authority expects the Contractor to achieve ACDBE participation with the firm(s) named in this Contract. On occasion, it may be necessary to substitute other firms after the Contract has been awarded. No substitution may occur without the Airports Authority’s prior written approval. The Airports Authority will approve a proposed substitution if it finds that the Contractor acted in good faith in attempting to meet the ACDBE goal. The following are examples of situations where substitutions may be permitted: a) The existing ACDBE(s) fail to qualify for ACDBE certification due to the sale of the company to non-disadvantaged. b) The existing ACDBE(s) are unable to perform new services that may be added to the originally proposed services under this contract. c) Cessation of business for causes beyond the control of the Contractor. d) Bankruptcy or insolvency of the ACDBE. e) Inability to furnish any required performance or payment bonds. f) Inability to obtain, or loss of, a license necessary to the performance of work by the ACDBE. g) Failure or refusal to execute an agreement with the Contractor as required by any joint venture or partnership agreements, but only where the Airports Authority can determine with reasonable certainty the terms of the agreement and the ACDBE’s failure to execute the agreement has not been caused by changes that the Contractor has made to the agreement. h) Failure to comply with the terms and conditions of its agreement with the Contractor. i) Voluntary decision not to participate in the concession. j) Inability to perform a commercially useful function or to perform work of the nature and scope claimed for it. Unless otherwise authorized by the Airports Authority, the substitute ACDBE(s) shall be required to perform the same functions and be subject to the same joint venture, partnership, subcontract, sublease or other agreement with the Contractor as the originally proposed ACDBE(s). The Airports Authority may permit the Contractor to alter the substitute ACDBE functions or terms of the Contractor’s agreement with the ACDBE. The Contractor must provide written notice to the Airports Authority within thirty (30) days of its intent to seek an ACDBE substitution request and must provide all documentation seeking a substitution within ninety (90) days of the written notification It will be the responsibility of the Contractor to ensure that all documentation necessary to determine if the proposed substitute ACDBE(s) c...