Common use of DBE Substitutions Clause in Contracts

DBE Substitutions. A. Do not substitute a listed DBE Subcontractor, supplier or, if applicable, a trucking company, without the prior written approval of Caltrans Contract Manager. Failure to obtain approval of substitute Subcontractors before work is performed, supplies are delivered, or services are rendered may result in payment being denied by Caltrans. B. Submit requests for substitution to Caltrans Contract Manager. Authorization to use other Subcontractors or suppliers may be requested for the following reasons: 1) Listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written Agreement, when such written Agreement, based upon the terms and conditions for this Agreement or on the terms of such Subcontractor’s or supplier’s written bid, is presented by Contractor. 2) Listed DBE becomes bankrupt or insolvent. 3) Listed DBE fails or refuses to perform subcontract or furnish listed materials. 4) Contractor stipulated that a bond was a condition of executing subcontract and listed DBE Subcontractor failed or refuses to meet the bond requirements of Contractor. 5) Work performed by listed Subcontractor is substantially unsatisfactory and is not in substantial conformance with scope of work to be performed, or Subcontractor is substantially delaying or disrupting the progress of work. 6) When it would be in the best interest of the State. C. At a minimum, Contractor’s substitution request to Caltrans Contract Manager must include a: 1) Written explanation of the substitution reason; and if applicable, include the reason a non- DBE Subcontractor is proposed for use. 2) Written description of the substitute business enterprise, include its business status, DBE certification number, and status as a sole proprietorship, partnership, corporation, or other entity. 3) Written notice detailing a clearly defined portion of the work identified both as a task and as a percentage share/dollar amount of the overall Agreement that the substitute firm will perform. D. Prior to the approval of Contractor’s substitution request, Caltrans Contract Manager must give written notice to the Subcontractor being substituted by Contractor. A copy of the notice sent by the Caltrans Contract Manager must be sent to the Division of Procurement and Contracts (DPAC). The notice must do all of the following: 1) Give the reason Contractor is requesting substitution of the listed Subcontractor; 2) Give the listed Subcontractor five (5) working days to submit written objections to DPAC and copies to Caltrans Contract Manager; 3) Notify Subcontractor that if a written objection is not received or received past the due date, such failure will constitute consent to the substitution; and 4) Be served by certified or registered mail to the last known address of the listed Subcontractor. The listed Subcontractor, who has been so notified, shall have five (5) working days within which to submit written objections to the substitution to Caltrans Contract Manager. Failure to submit a written objection shall constitute the listed Subcontractor’s consent to the substitution. E. If written objections are filed by the listed Subcontractor, DPAC will render a written decision. DPAC shall give written notice of at least five (5) working days to the listed Subcontractor of a hearing by Caltrans on Contractor’s request for substitution.

DBE Substitutions. A. Do not substitute a listed DBE Subcontractor, supplier or, if applicable, a trucking company, without the prior written approval of the Caltrans Contract Manager. Failure to obtain approval of substitute Subcontractors before work is performed, supplies are delivered, or services are rendered may result in payment being denied by Caltrans. B. Submit requests for substitution to the Caltrans Contract Manager. Authorization to use other Subcontractors or suppliers may be requested for the following reasons: (1) Listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written Agreement, when such written Agreement, based upon the terms and conditions for this Agreement or on the terms of such Subcontractor’s or supplier’s written bid, is presented by Contractor. (2) Listed DBE becomes bankrupt or insolvent. (3) Listed DBE fails or refuses to perform subcontract or furnish listed materials. (4) Contractor stipulated that a bond was a condition of executing subcontract and listed DBE Subcontractor failed or refuses to meet the bond requirements of Contractor. (5) Work performed by listed Subcontractor is substantially unsatisfactory and is not in substantial conformance with scope of work to be performed, or Subcontractor is substantially delaying or disrupting the progress of work. (6) When it would be in the best interest of the State. C. At a minimum, Contractor’s substitution request to the Caltrans Contract Manager must include a: (1) Written explanation of the substitution reason; and if applicable, include the reason a non- DBE Subcontractor is proposed for use. (2) Written description of the substitute business enterprise, include its business status, DBE certification number, and status as a sole proprietorship, partnership, corporation, or other entity. (3) Written notice detailing a clearly defined portion of the work identified both as a task and as a percentage share/dollar amount of the overall Agreement that the substitute firm will perform. D. Prior X. Xxxxx to the approval of Contractor’s substitution request, the Caltrans Contract Manager must give written notice to the Subcontractor being substituted by Contractor. A copy of the notice sent by the Caltrans Contract Manager must be sent to the Division of Procurement and Contracts (DPAC). The notice must do all of the following: (1) Give the reason Contractor is requesting substitution of the listed Subcontractor; (2) Give the listed Subcontractor five (5) working days to submit written objections to DPAC and copies to the Caltrans Contract Manager; (3) Notify the Subcontractor that if a written objection is not received or received past the due date, such failure will constitute consent to the substitution; and (4) Be served by certified or registered mail to the last known address of the listed Subcontractor. The listed Subcontractor, who has been so notified, shall have five (5) working days within which to submit written objections to the substitution to the Caltrans Contract Manager. Failure to submit a written objection shall constitute the listed Subcontractor’s consent to the substitution. E. If written objections are filed by the listed Subcontractor, DPAC will render a written decision. DPAC shall give written notice of at least five (5) working days to the listed Subcontractor of a hearing by Caltrans on Contractor’s request for substitution.

DBE Substitutions. A. Do not substitute a listed DBE Subcontractor, supplier or, if applicable, a trucking company, without the prior written approval of the Caltrans Contract Manager. Failure to obtain approval of substitute Subcontractors before work is performed, supplies are delivered, or services are rendered may result in payment being denied by Caltrans. B. Submit requests for substitution to the Caltrans Contract Manager. Authorization to use other Subcontractors or suppliers may be requested for the following reasons: 1) Listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written Agreement, when such written Agreement, based upon the terms and conditions for this Agreement or on the terms of such Subcontractor’s or supplier’s written bid, is presented by Contractor. 2) Listed DBE becomes bankrupt or insolvent. 3) . Listed DBE fails or refuses to perform subcontract or furnish listed materials. 43) Contractor stipulated that a bond was a condition of executing subcontract and listed DBE Subcontractor failed or refuses to meet the bond requirements of Contractor. 54) Work performed by listed Subcontractor is substantially unsatisfactory and is not in substantial conformance with scope of work to be performed, or Subcontractor is substantially delaying or disrupting the progress of work. 65) When it would be in the best interest of the State. C. At a minimum, Contractor’s substitution request to the Caltrans Contract Manager must include a: 1) Written explanation of the substitution reason; and if applicable, include the reason a non- non-DBE Subcontractor is proposed for use. 2) Written description of the substitute business enterprise, include its business status, DBE certification number, and status as a sole proprietorship, partnership, corporation, or other entity. 3) Written notice detailing a clearly defined portion of the work identified both as a task and as a percentage share/dollar amount of the overall Agreement that the substitute firm will perform. D. Prior X. Xxxxx to the approval of Contractor’s substitution request, the Caltrans Contract Manager must give written notice to the Subcontractor being substituted by Contractor. A copy of the notice sent by the Caltrans Contract Manager must be sent to the Division of Procurement and Contracts (DPAC). The notice must do all of the following: 1) Give the reason Contractor is requesting substitution of the listed Subcontractor; 2) Give the listed Subcontractor five (5) working days to submit written objections to DPAC and copies to the Caltrans Contract Manager; 3) Notify the Subcontractor that if a written objection is not received or received past the due date, such failure will constitute consent to the substitution; and 4) Be served by certified or registered mail to the last known address of the listed Subcontractor. The listed Subcontractor, who has been so notified, shall have five (5) working days within which to submit written objections to the substitution to the Caltrans Contract Manager. Failure to submit a written objection shall constitute the listed Subcontractor’s consent to the substitution. E. If written objections are filed by the listed Subcontractor, DPAC will render a written decision. DPAC shall give written notice of at least five (5) working days to the listed Subcontractor of a hearing by Caltrans on Contractor’s request for substitution.

DBE Substitutions. A. Do not substitute a listed DBE Subcontractor, supplier or, if applicable, a trucking company, without the prior written approval of Caltrans Contract Manager. Failure to obtain approval of substitute Subcontractors before work is performed, supplies are delivered, or services are rendered may result in payment being denied by Caltrans. B. Submit requests for substitution to Caltrans Contract Manager. Authorization to use other Subcontractors or suppliers may be requested for the following reasons: (1) Listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written Agreement, when such written Agreement, based upon the terms and conditions for this Agreement or on the terms of such Subcontractor’s or supplier’s written bid, is presented by Contractor. (2) Listed DBE becomes bankrupt or insolvent. (3) Listed DBE fails or refuses to perform subcontract or furnish listed materials. (4) Contractor stipulated that a bond was a condition of executing subcontract and listed DBE Subcontractor failed or refuses to meet the bond requirements of Contractor. (5) Work performed by listed Subcontractor is substantially unsatisfactory and is not in substantial conformance with scope of work to be performed, or Subcontractor is substantially delaying or disrupting the progress of work. (6) When it would be in the best interest of the State. C. At a minimum, Contractor’s substitution request to Caltrans Contract Manager must include a: (1) Written explanation of the substitution reason; and if applicable, include the reason a non- DBE Subcontractor is proposed for use. (2) Written description of the substitute business enterprise, include its business status, DBE certification number, and status as a sole proprietorship, partnership, corporation, or other entity. (3) Written notice detailing a clearly defined portion of the work identified both as a task and as a percentage share/dollar amount of the overall Agreement that the substitute firm will perform. D. Prior X. Xxxxx to the approval of Contractor’s substitution request, the Caltrans Contract Manager must give written notice to the Subcontractor being substituted by Contractor. A copy of the notice sent by the Caltrans Contract Manager must be sent to the Division of Procurement and Contracts (DPAC). The notice must do all of the following: (1) Give the reason Contractor is requesting substitution of the listed Subcontractor; (2) Give the listed Subcontractor five (5) working days to submit written objections to DPAC and copies to Caltrans Contract Manager; (3) Notify the Subcontractor that if a written objection is not received or received past the due date, such failure will constitute consent to the substitution; and (4) Be served by certified or registered mail to the last known address of the listed Subcontractor. The listed Subcontractor, who has been so notified, shall have five (5) working days within which to submit written objections to the substitution to Caltrans Contract Manager. Failure to submit a written objection shall constitute the listed Subcontractor’s consent to the substitution. E. If written objections are filed by the listed Subcontractor, DPAC will render a written decision. DPAC shall give written notice of at least five (5) working days to the listed Subcontractor of a hearing by Caltrans on Contractor’s request for substitution.

DBE Substitutions. A. Do not substitute a listed DBE Subcontractorsubcontractor, supplier or, if applicable, a trucking company, without the prior written approval of the Caltrans Contract Manager. Failure to obtain approval of substitute Subcontractors subcontractors before work is performed, supplies are delivered, or services are rendered may result in payment being denied by Caltrans. B. Submit requests for substitution to the Caltrans Contract Manager. Authorization to use other Subcontractors subcontractors or suppliers may be requested for the following reasons: (1) Listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written Agreement, when such written Agreement, based upon the terms and conditions for this Agreement or on the terms of such Subcontractorsubcontractor’s or supplier’s written bid, is presented by Contractor. (2) Listed DBE becomes bankrupt or insolvent. (3) Listed DBE fails or refuses to perform subcontract or furnish listed materials. (4) Contractor stipulated that a bond was a condition of executing subcontract and listed DBE Subcontractor subcontractor failed or refuses to meet the bond requirements of Contractor. (5) Work performed by listed Subcontractor subcontractor is substantially unsatisfactory and is not in substantial conformance with scope of work to be performed, or Subcontractor subcontractor is substantially delaying or disrupting the progress of work. (6) When it would be in the best interest of the State. C. At a minimum, Contractor’s substitution request to the Caltrans Contract Manager must include a: (1) Written explanation of the substitution reason; and if applicable, include the reason a non- non-DBE Subcontractor subcontractor is proposed for use. (2) Written description of the substitute business enterprise, include its business status, DBE certification number, and status as a sole proprietorship, partnership, corporation, or other entity. (3) Written notice detailing a clearly defined portion of the work identified both as a task and as a percentage share/dollar amount of the overall Agreement that the substitute firm will perform. D. Prior X. Xxxxx to the approval of Contractor’s substitution request, the Caltrans Contract Manager must give written notice to the Subcontractor subcontractor being substituted by Contractor. A copy of the notice sent by the Caltrans Contract Manager must be sent to the Division of Procurement and Contracts (DPAC). The notice must do all of the following: (1) Give the reason Contractor is requesting substitution of the listed Subcontractorsubcontractor; (2) Give the listed Subcontractor subcontractor five (5) working days to submit written objections to DPAC and copies to the Caltrans Contract Manager; (3) Notify Subcontractor the subcontractor that if a written objection is not received or received past the due date, such failure will constitute consent to the substitution; and (4) Be served by certified or registered mail to the last known address of the listed Subcontractorsubcontractor. The listed Subcontractorsubcontractor, who has been so notified, shall have five (5) working days within which to submit written objections to the substitution to the Caltrans Contract Manager. Failure to submit a written objection shall constitute the listed Subcontractorsubcontractor’s consent to the substitution. E. If written objections are filed by the listed Subcontractorsubcontractor, DPAC will render a written decision. DPAC shall give written notice of at least five (5) working days to the listed Subcontractor subcontractor of a hearing by Caltrans on Contractor’s request for substitutionforsubstitution.