DBE Performance Plan. 7.10.3.1 Developer has submitted to IFA as part of its Proposal the Preliminary DBE Performance Plan attached to this Agreement as Exhibit 2-L (Developer’s Preliminary DBE Performance Plan). If not previously approved in writing by IFA, IFA will deliver to Developer comments of IFA and the Department’s Economic Opportunity Division on the Preliminary DBE Performance Plan within thirty (30) days after the Effective Date. Developer shall submit to IFA, within thirty (30) days after receiving such comments, a proposed final DBE Performance Plan. The proposed final DBE Performance Plan is subject to further review and comment by IFA and the Department’s Economic Opportunity Division and to IFA’s approval prior to and as a condition to issuance of NTP2. 7.10.3.2 In preparing the final DBE Performance Plan, Developer shall include, to the extent known at the time of preparation: a. The names of currently-certified DBE firms to which Developer or the Design-Build Contractor has made commitments, the percentage of each such entity’s DBE participation and a description of the types of work each such DBE firm listed is to perform; b. The dates and manner in which each of the listed DBE firms were contacted for their respective interest in DBE sub-contracting opportunities for the Project; c. A description of each such currently-certified and listed DBE firm’s respective interest in sub-contracting for the Project; d. An explanation of how Developer plans to recruit, solicit and evaluate potential DBEs to utilize on the Project; program on other projects; e. A description of demonstrated success with the DBE f. a breakdown of anticipated DBE commitments (i.e. anticipated percentages to go to design, construction, and supplies);
Appears in 5 contracts
Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement
DBE Performance Plan.
7.10.3.1 Developer has submitted to IFA as part of its Proposal the Preliminary DBE Performance Plan attached to this Agreement as Exhibit 2-L (Developer’s Preliminary DBE Performance Plan). If not previously approved in writing by IFA, IFA will deliver to Developer comments of IFA and the Department’s Economic Opportunity Division on the Preliminary DBE Performance Plan within thirty (30) days after the Effective Date. Developer shall submit to IFA, within thirty (30) days after receiving such comments, a proposed final DBE Performance Plan. The proposed final DBE Performance Plan is subject to further review and comment by IFA and the Department’s Economic Opportunity Division and to IFA’s approval prior to and as a condition to issuance of NTP2.
7.10.3.2 In preparing the final DBE Performance Plan, Developer shall include, to the extent known at the time of preparation:
a. The names of currently-certified DBE firms to which Developer or the Design-Build Contractor has made commitments, the percentage of each such entity’s DBE participation and a description of the types of work each such DBE firm listed is to perform;
b. The dates and manner in which each of the listed DBE firms were contacted for their respective interest in DBE sub-contracting opportunities for the Project;
c. A description of each such currently-certified and listed DBE firm’s respective interest in sub-contracting for the Project;
d. An explanation of how Developer plans to recruit, solicit and evaluate potential DBEs to utilize on the Project; program on other projects;
e. A description of demonstrated success with the DBE program on other projects;
f. a breakdown of anticipated DBE commitments (i.e. anticipated percentages to go to design, construction, and supplies);
g. Estimated time frames for achieving DBE participation (i.e. in what years of the project will DBE participation by realized);
h. Strategies for monitoring DBE utilization and contract compliance, including proper DBE credit, performance of commercially useful function, and proper payment to DBEs;
i. The name of Developer’s “DBE Compliance Manager” and description of the DBE Compliance Manager’s reporting structure and responsibilities; and
j. Commitment to communicate with IFA and the Department on DBE participation and compliance efforts throughout the life of the Project.
7.10.3.3 The final DBE Performance Plan shall respond to the comments of IFA and the Department’s Economic Opportunity Division, comply with all applicable Laws and Governmental Approvals, including 49 CFR Part 26, include all the matters described in Section 120-3.01 of Exhibit 7 (IFA’s Disadvantaged Business Enterprise (DBE) Special Provisions), and be consistent with Developer’s DBE certification set forth in Exhibit 2-M (DBE Certification).
7.10.3.4 Developer shall exercise good faith efforts to achieve the DBE Goal for the Project through implementation of Developer’s approved DBE Performance Plan.
7.10.3.5 Developer shall comply with provisions relating to 25 IAC 5 as set forth in Exhibit 7 (IFA’s Disadvantaged Business Enterprise (DBE) Special Provisions).
Appears in 2 contracts
