Common use of Compliance with DBE Requirements Clause in Contracts

Compliance with DBE Requirements. Unless otherwise provided in this Contract, if this Contract has a Disadvantaged Business Enterprises (DBE) participation goal, the Contractor shall implement DBE participation consistent with its proposal approved by the Authority upon the commencement of this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract, and shall carry out all other applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts, including this Contract and the Contractor’s contracts with its contractors under this Contract. Alteration of any aspect of the Contractor’s DBE participation shall not occur without the prior written consent of the Authority. Failure by the Contractor to carry out these requirements shall be a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the Authority deems appropriate, which may include, but is not limited to (a) withholding monthly progress payments; (b) assessing sanctions; (c) liquidated damages; and/or (4) disqualifying the Contractor or its contractors from future bidding as non-responsible. The Contractor shall include the preceding statements of this Section 20.04 in contracts with its contractors under this Contract that are covered by 49 CFR Part 26, and shall require that its contractors similarly include these statements in their subcontracts.

Compliance with DBE Requirements. Unless otherwise provided in this Contract, if this Contract has a Disadvantaged Business Enterprises (DBE) participation goal, the Contractor shall implement DBE participation consistent with its proposal approved by the Authority upon the commencement of this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract, and shall carry out all other applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts, including this Contract and the Contractor’s contracts with its contractors under this Contract. Alteration of any aspect of the Contractor’s DBE participation shall not occur without the prior written consent of the Authority. Failure by the Contractor to carry out these requirements shall be a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the Authority deems appropriate, which may include, but is not limited to (a) withholding monthly progress payments; (b) assessing sanctions; (c) liquidated damages; and/or (4) disqualifying the Contractor or its contractors from future bidding as non-responsible. The Contractor shall include the preceding statements of this Section 20.04 20.07 in contracts with its contractors under this Contract that are covered by 49 CFR Part 26, and shall require that its contractors similarly include these statements in their subcontracts.