DBE MODIFICATION(S) OR SUBSTITUTION(S) Clause Samples

DBE MODIFICATION(S) OR SUBSTITUTION(S). 1. In the event that a Proposer required a modification to its DBE Participation Schedule after contract award, then the Proposer must notify, in writing, SEPTA's DBE Program Office, and request approval for the modification. This will include any modifications or substitutions to items or work, material, services and/or DBE firms identified on the initial DBE Participation Schedule. The Proposer must provide SEPTA with any and all documents and information as may be requested with respect to the requested modification. If the modification involves a substitution and if SEPTA agrees that a substitution may be made, then the Proposer shall make good faith efforts as set forth in paragraph E.2. above to substitute that DBE firm with another DBE firm. Such efforts must be documented to the satisfaction of SEPTA's DBE Program Office in the event that the Proposer is unable to contract with another DBE firm. The level of DBE Participation achieved will be reviewed in accordance with the requirements of paragraph E.2. above. The substitute DBE firm must be certified by SEPTA's DBE Program Office in order for the Proposer to receive credit towards achieving the DBE Goal for this SEPTA contract.

DBE MODIFICATION(S) OR SUBSTITUTION(S). 1. If after award a DBE subcontractor included on the DBE Participation Schedule submitted to SEPTA, is terminated, or fails to complete its work on the Contract for any reason, SEPTA must be notified within 48 hours. 2. If after award of the Contract, a DBE subcontractor is terminated, or fails to complete its work on the Contract for any reason, SEPTA will require the prime contractor to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same dollar value of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established by SEPTA.

DBE MODIFICATION(S) OR SUBSTITUTION(S). In the event that Contractor wishes to modify its DBE subcontractor commitments, the Contractor must notify the IPTC DBE Liaison Officer in writing and request approval for the modification. Contractor may not, without IPTC’s prior written consent, terminate for convenience any DBE subcontractor approved by IPTC under this Agreement and then perform the work of the subcontract with its own forces. This includes any changes to items of work, material, services or DBE firms which differ from those identified on the DBE Commitment Form on file with the Director of Procurement. When a DBE subcontractor is terminated or fails to complete its work for any reason, Contractor must make good faith efforts to find another DBE subcontractor to substitute for the original DBE firm. These good faith efforts must be directed at finding another DBE firm to perform at least the same amount of work under this Agreement as the DBE firm that was terminated or failed to complete its work. Contractor must provide the IPTC with any and all documents and information as may be requested with respect to the requested substitution. If IPTC determines that Contractor failed to make food faith efforts, IPTC will provide the opportunity for administrative reconsideration pursuant to 49 CFR 26.53. As part of this reconsideration, Contractor will have the opportunity to provide written documentation or argument and to meet with a designated IPTC official concerning the issue of whether it met the goal or made adequate good faith efforts to do so. A written decision will be sent to Contractor explaining the basis for finding that Contractor did or did not meet the goal or make adequate good faith efforts to do so.

DBE MODIFICATION(S) OR SUBSTITUTION(S). This provision applies to all modifications and substitutions under this contract. The Contractor will be required to comply with this provision to the extent needed to achieve the DBE goals agreed to at the time of contract award. (a) If the Contractor wishes to terminate or substitute a DBE subcontractor listed as fulfilling its contract goal and then performs the work of the terminated DBE subcontractor with its own forces, an affiliate, a non-DBE subcontractor or with another DBE subcontractor, it must submit written documentation prior to the termination or substitution of the DBE subcontractor to the Contracting Officer, identified in Exhibit CS-01 to this solicitation. This will include any changes to items of work, material, services, or DBE firms that differ from those identified on the Intent to Perform as a DBE Subcontractor form(s) on file with the Contracting Officer. The offeror/Contractor must provide any and all documentation and information as may be requested with respect to the requested change. (b) The offeror's/Contractor’s documentation shall include the specific reasons for the proposed change. Specific reasons that are acceptable include but are not limited to: the DBE was not able to perform; the DBE was unable to produce acceptable work; and/or the DBE has submitted an unreasonable escalation in price. In the case of a DBE subcontractor being substituted by another DBE subcontractor, the Contractor should include the name, address, certification number and principal office of the proposed DBE firm. After providing an opportunity to the DBE liaison to make a recommendation, the Contracting Officer will approve or disapprove the change. (c) If the change involves a subcontractor substitution, the offeror/Contractor must make a good faith effort to replace one DBE with another DBE. The substitute DBE firm must be certified by the Florida UCP in order for the offeror/Contractor to receive credit toward fulfilling its DBE participation goal for the contract. In the event that the offeror/Contractor is unable to contract with another DBE firm, good faith effort documentation must be provided to the Contracting Officer describing the unsuccessful attempts to locate a substitute DBE. In all situations, the Contractor may not terminate or substitute a DBE subcontractor without the prior written consent of the Contracting Officer. (d) The offeror/Contractor must submit a new Intent to Perform as a DBE Subcontractor form for the substitute D...

DBE MODIFICATION(S) OR SUBSTITUTION(S). This Provision applies to all modifications and substitutions under this Contract. The Contractor will be required to comply with this Provision to the extent needed to achieve the DBE goals agreed to at the time of contract award.