DBE Participation. The Operator agrees to make a demonstrated good faith effort to award twenty percent (20%) of the goods, services and construction services that are contracted for in connection with the Operator’s responsibilities hereunder to certified disadvantaged business enterprises. Once established, the Ascension Parish Government Disadvantaged Business Program shall be used by the Operator as guidance in furtherance of this goal. The Operator is encouraged to exceed the twenty percent (20%) goal. If the Operator does not meet or believe it can meet such goal, the Operator should document its good faith efforts to secure such participation.
DBE Participation a. Describe the good faith efforts to award 20% of the value of this contract to a Minority, Women Owned, or Disadvantaged Business Enterprise (MWDBE). Please provide certification or documentation showing how the company or products qualify as a MWDBE.
DBE Participation. Concessionaire shall use its best efforts to ensure that the vendors from which it purchases its goods and services in accordance with City Policy and Concessionaire’s DBE Good Faith Effort Plan, as contained in Exhibit 3, satisfy Disadvantaged Business Enterprise (“DBE”) criteria set forth in 49 C.F.R. Parts 23 and 26 as they now exist or as they may be amended or replaced in the future. City agrees that it shall notify Concessionaire in the event that regulations are issued by the United States Department of Transportation (“DOT”) implementing Section 511(h) of the Airport and Airway Improvement Act (AAIA) of 1982, as amended. Following such notification, Concessionaire shall be required to take all necessary and reasonable steps to achieve a DBE goal, which shall the greater of thirteen percent (13%) or such other applicable DBE goal as shall be established by the DOT during the term of this Agreement or any extension thereof, and to comply with other appropriate provisions of 49 C.F.R. Parts 23 and 26. The goal shall be measured as a percentage of the total estimated annual Gross Revenue earned by Concessionaire hereunder. DBE participation may be in the form of any legal arrangement meeting the eligibility standards in 49 C.F.R. Parts 23 and 26. Concessionaire shall submit such reports as may be required by City in the form specified by City for the purpose of demonstrating compliance with the provisions set forth in this paragraph. If Concessionaire fails to furnish such documentation within thirty (30) calendar days following receipt by Concessionaire of written demand from City for such documentation, or if the City, in its sole discretion, determines Concessionaire’s failure to use good faith efforts to achieve the DBE goal to be willful and unjustified, the City, at its option, may immediately terminate this Agreement, by providing written notice to Concessionaire.
DBE Participation. Minority Participation and Commitment that is accessed by the Department’s ECMS website (xxx.xxx00.xxxxx.xx.xx/XXXX).
DBE Participation. For the purpose of this Contract, the AGENCY will accept only DBE’s who are:
DBE Participation. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. To receive credit for its participation , a DBE contractor must perform a commercially useful function on that USDOT-assisted contract. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing and supervising the work involved. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of DBE participation. Credit for materials or supplies is as follows: Credit for materials or supplies obtained from a DBE manufacturer is 100 percent of the cost of the material or supplies. Credit for materials or supplies purchased from a DBE vendor is limited to 60 percent of the cost of the materials or supplies. Credit for trucking by DBEs is as follows: The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting DBE goals. The DBE must itself own and operated at least one fully licensed, insured and operational truck used on the contract. The DBE receives credit for the total value of the transportation services it provides on the contract using truck it owns, insure and operating using drivers it employs. The DBE may lease trucks from another DBE firm including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. The DBE may also lease trucks from a non-DBE firm including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receive credit only for the fee or commission it...
DBE Participation. It is the CONSULTANT’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26 and AUTHORITY’s DBE program developed pursuant to these regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55 that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
D. CONSULTANT must not claim DBE participation as attained until the amount to be claimed is paid and fully adheres to DBE crediting provisions. If the CONSULTANT has committed to utilize DBE(s) in the performance of this DOT-assisted contract, the CONSULTANT’s submitted “DBE Participation Commitment Form” will be utilized to monitor CONSULTANT’s DBE commitments, unless otherwise directed and/or approved by the AUTHORITY prior to the CONSULTANT effectuating any changes to its DBE participation commitment(s) (Refer to Subsection H: “Performance of DBE Subconsultants”). CONSULTANT must complete and submit all required DBE documentation to effectively capture all DBE utilization on the AUTHORITY’s DOT-assisted contracts whether achieved race neutrally or race consciously. Even if a CONSULTANT has not committed to utilize DBE(s) in the performance of this contract, the CONSULTANT must execute and submit all required DBE forms and other related documentation as specified under this contract or as otherwise requested by the AUTHORITY. No changes to the CONSULTANT’s DBE Commitment must be made until proper protocols for review and approval of the AUTHORITY are rendered in writing. To ensure full compliance with the requirements of 49 CFR, Part 26 and the AUTHORITY’s DBE Program, the CONSULTANT must: Take appropriate actions to ensure that it will continue to meet the DBE Commitment at the minimal level committed to at award or will satisfy the good faith efforts to meet the DBE Commitment, when change orders or other contract modifications alter the dollar amount of the contract or the distribution of work. The CONSULTANT must apply and report its DBE goal commitments against the...
DBE Participation. The Operator agrees to make a demonstrated good faith effort to award twenty percent (20%) of the goods, services and construction services that are contracted for in connection with the Operator’s responsibilities hereunder to certified disadvantaged business enterprises. The Operator is encouraged to exceed the twenty percent (20%) goal. If the Operator does not meet or believe it can meet such goal, the Operator should document its good faith efforts to secure such participation. This percentage is subject to modifications and may be waived or adjusted by the District.
DBE Participation. 39 Contractor N ......................................................................................................................................................... 40 PLANS .......................................................................................................................................... 41 ATTACHMENTS ........................................................................................................................... 42
DBE Participation. Even if no DBE participation will be reported, Consultant shall complete Exhibits "H" and "I" of this Agreement in compliance with the Commission's DBE program.
A. This Agreement is subject to Title 49, Part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” In order to ensure that the Commission achieves its federally mandated overall DBE goal, the Commission encourages the participation of DBEs, as defined in 49 CFR 26, in the performance of Agreements financed in whole or in part with federal funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. As required by federal law, the Commission has established an overall DBE goal for projects funded by FTA funds. In order to ascertain whether that overall DBE goal is being achieved, the Commission is tracking DBE participation on all FTA funded contracts.
B. The Commission advises that participation of DBEs in the specified percentage is not a condition of award.
C. Contractor has agreed to carry out the applicable requirements of Title 49 CFR 26, in the award and administration of federally assisted Agreements. The regulations in their entirety are incorporated herein and by reference.
D. The Contractor should notify Commission's Representative in writing, of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work.
E. DBE and other small businesses (SB), as defined in Title 49 CFR 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of Ttitle 49 CFR 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate.
F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
