Common use of Agency Compliance Clause in Contracts

Agency Compliance. The Partners acknowledge there are many agency specific issues related to their agency’s certification processes. The primary areas of concern are: o Political Influence Or Interference In Certification Decisions o Incomplete Or Inadequate Definition Of Processes or Procedures o Non-Compliance With 49 CFR Part 26 o Quality Of Decisions All Partners further acknowledge that in order for the UCP to succeed and the partners to maintain the level of trust needed to effectively comply with the UCP requirements it is necessary to implement minimum requirements for compliance, as well as a process for dealing with any agency that is found to be in non-compliance. All partners agree that the specific minimum requirements are: o All decisions related to certification must be and will be made in compliance with 49 CFR Part 26. All partners and parties acknowledge that this requires the political independence to make decisions based upon the specific eligibility requirements. o All Partners, members and participants agree to cooperate fully with oversight, review and monitoring activities of the U. S. Department of Transportation and its operating administrations. o All appeals or hearings must be decided by the MRCC, a third party who was not involved in the determination. o Outside entities such as construction boards or other politically mandated organizations cannot, and will not, be involved in the certification determinations, investigations of third party challenges, or any administrative reconsideration or appeals. o The MRCC Partners must have an approved DBE Program in place that clearly defines the role of the administrative staff. In addition, each Partner must have clearly defined written processes and procedures related to administration of the DBE Program and certification decisions. o Any Partner with a DBE Program administered in conjunction with an MBE/WBE program must have the procedures and policies for the DBE program clearly separated and defined in writing. This includes eligibility requirements, data tracking, and removal/denial of certification. o All Partners agree to make all decisions and recommendations on certification based purely upon the eligibility requirements, without consideration of political influence or other factors.