Disadvantaged Business Enterprise (DBE) Participation a. This Preconstruction Services Contract is subject to Title 49, Part 26 of the Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Contractors who obtain DBE participation on this Preconstruction Services Contract will assist the state in meeting its federally mandated statewide overall DBE goal.
b. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with Federal funds. The Construction Manager, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Preconstruction Services Contract. The Construction Manager shall carry out applicable requirements of 49 CFR part 26 in the award and administration of US DOT- assisted agreements. Failure by the Construction Manager to carry out these requirements is a material breach of this Preconstruction Services Contract, which may result in the termination of this Preconstruction Services Contract or such other remedy as the recipient deems appropriate.
Disadvantaged Business Enterprise (DBE) Participation. A. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. If the contract has an underutilized DBE (UDBE) goal, the Consultant must meet the UDBE goal by committing UDBE participation or document a good faith effort to meet the goal. If a UDBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another UDBE subconsultant, if the goal is not otherwise met. A UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans, Native Americans, Asian-Pacific Americans, or Women.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, sub-recipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT – assisted agreements. Failure by the Consultant 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.
D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
Disadvantaged Business Enterprise (DBE) Participation. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
Disadvantaged Business Enterprise (DBE) Participation. OPERATOR understands and acknowledges the following: This CONTRACT is subject to the requirements of the U.S. Department of Transportation’s regulations 49 CFR Part 23. OPERATOR agrees that it will not discriminate against any business owner because of the owner’s race, color, national origin or sex in connection with the award or performance of any concession CONTRACT, management contract or subcontract, purchase or lease contract covered by 49 CFR Part 23. OPERATOR agrees to include the above statements in any subsequent contract or contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include such statements in further contracts.
Disadvantaged Business Enterprise (DBE) Participation. A. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”
B. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The ENGINEER or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The ENGINEER shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the ENGINEER 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 COUNTY deems appropriate.
C. The COUNTY has established a DBE goal, for this Agreement of 1%. The ENGINEER must meet the DBE goal or document a good faith effort to meet the goal.
D. The “Notice to Proposers DBE Information” “Consultant Proposal DBE Commitment,” “Consultant Contract DBE Information” are attached hereto as Exhibits F, G, and H respectively, and are hereby incorporated by reference and made part of this Agreement.
E. If a DBE subcontractor is unable to perform, the ENGINEER must make a good faith effort to replace him/her with another DBE subcontractor, if the goal is not otherwise met.
F. Any subcontract entered into by ENGINEER relating to this Agreement, shall incoporate the provisions of this Article in a manner that binds the subcontractor to all of the provisions of this Article.
Disadvantaged Business Enterprise (DBE) Participation. A. This Agreement is subject to 49 CFR, Part 26, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally-mandated statewide overall DBE goal.
B. DBE and other small businesses, as defined in 49 CFR, Part 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 49 CFR, Part 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.
C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
Disadvantaged Business Enterprise (DBE) Participation. A. Consultant, County, or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, County shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. Consultant shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at xxxxx://xxx.xx.xxx/programs/civil-rights/dbe-search. All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This Agreement is subject to 49 C.F.R. § 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Consultants who obtain DBE participation on this Agreement shall assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this Agreement is 1%. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in County provided Exhibit C, marked “Consultant Task Order Disadvantaged Business Enterprise (DBE) Plan,” incorporated herein and made by reference a part hereof, or County provided Exhibit D, marked “Disadvantaged Business Enterprise (DBE) Letter of Intent Form,” incorporated herein and made by reference a part hereof. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is ...
Disadvantaged Business Enterprise (DBE) Participation. The Concessionaire shall ensure that DBEs have equal opportunity to participate in the performance of this Agreement. The Concessionaire shall comply with all applicable laws and regulations that concern the fair and equitable treatment of DBEs now in effect or which may subsequently take effect during this Agreement. The Concessionaire shall include a provision to this effect in any subcontract or other DBE participation arrangement the Concessionaire enters into under this Agreement.
Disadvantaged Business Enterprise (DBE) Participation a. This Preconstruction Services Contract is subject to Title 49, Part 26 of the Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Contractors who obtain DBE participation on this Preconstruction Services Contract will assist the state in meeting its federally mandated statewide overall DBE goal.
b. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with Federal funds. The Construction Manager, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Preconstruction Services Contract. The Construction Manager shall carry out applicable requirements of 49 CFR part 26 in the award and administration of US DOT-assisted agreements. Failure by the Construction Manager to carry out these requirements is a material breach of this Preconstruction Services Contract, which may result in the termination of this Preconstruction Services Contract or such other remedy as the recipient deems appropriate.
c. As required by federal law, the Department has established a statewide overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved, the Department is tracking DBE participation on all Federal-aid contracts.
d. Construction Manager shall submit XXX 0000X, Disadvantaged Business Enterprise (DBE) Participation as required by the Department (form to be provide by Department).
e. The Construction Manager should notify the Department’s Contract Manager, 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.
Disadvantaged Business Enterprise (DBE) Participation. A. This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the award, administration and performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of United States Department of Transportation-assisted contracts. Failure by the CONSULTANT 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 COMMISSION deems appropriate which may include but is not limited to:
1. Withholding monthly progress payments.
2. Assessing sanctions.
3. Liquidated damages
4. Disqualifying the contractor from future bidding as non-responsible. For contracts with no specific goal:
C. While there is no specific DBE goal for this contract, consultants are encouraged to obtain DBE participation for this contract. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
E. A DBE firm may be terminated only with prior written approval from COMMISSION and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting COMMISSION consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).
F. A DBE must perform a Commercially Useful Function (CUF). A Commercially Useful Function is 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. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid u...
