Common use of DBE PARTICIPATION ABOVE THE GOAL Clause in Contracts

DBE PARTICIPATION ABOVE THE GOAL. (RACE NEUTRAL PARTICIPATION) Additional DBE participation above the DBE participation required to meet the DBE Goals is an important aspect of ADOT’s DBE program. Developer is strongly encouraged to use additional DBEs above the DBE Goals in performing the Work in an effort to help ADOT meet its overall DBE goal and help ADOT meet the maximum feasible portion of its DBE goals through race neutral as outlined in 49 CFR Part 26. There are fewer administrative requirements on the part of Developer when using race neutral DBEs (DBEs not listed on the Construction DBE Intended Participation Affidavit Summary to meet DBE contract goals). For example, if a DBE is not listed on the Construction DBE Intended Participation Affidavit Summary, Developer does not have to submit a Construction DBE Intended Participation Affidavit Individual form, Developer’s Subcontract certification process follows the same process of any other Subcontract, and Developer does not have to replace the DBE if the DBE fails to perform. Therefore these DBEs are treated as any other Subcontractor on the Project but will count towards the overall DBE utilization.

DBE PARTICIPATION ABOVE THE GOAL. (RACE NEUTRAL PARTICIPATION) Additional DBE participation above the DBE participation required to meet the DBE Goals is an important aspect of ADOT’s DBE program. Developer is strongly encouraged to use additional DBEs above the DBE Goals in performing the Work in an effort to help ADOT meet its overall DBE goal and help ADOT meet the maximum feasible portion of its DBE goals through race neutral as outlined in 49 CFR Part 26. There are fewer administrative requirements on the part of Developer when using race neutral DBEs (DBEs not listed on the Construction DBE Intended Participation Affidavit Summary to meet DBE contract goals). For example, if a DBE is not listed on the Construction DBE Intended Participation Affidavit Summary, Developer Xxxxxxxxx does not have to submit a Construction DBE Intended Participation Affidavit Individual form, DeveloperXxxxxxxxx’s Subcontract certification process follows the same process of any other Subcontract, and Developer does not have to replace the DBE if the DBE fails to perform. Therefore these DBEs are treated as any other Subcontractor on the Project but will count towards the overall DBE utilization.