Common use of Disadvantaged Business Enterprise (DBE) Program Clause in Contracts

Disadvantaged Business Enterprise (DBE) Program. A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subcontractor shall adopt, in its totality, the Department’s federally approved DBE program. C. The Subcontractor shall set an appropriate DBE goal consistent with the Department’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subcontractor shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subcontractor shall follow all other parts of the Department’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address xxxx://xxx.xxxxx.xxx/business/partnerships/dbe.html E. The Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subcontractor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The Department’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification from the Subgrantee to the Subcontractor of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subcontractor signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. 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.

Disadvantaged Business Enterprise (DBE) Program. A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subcontractor Subgrantee shall adopt, in its totality, the Department’s federally approved DBE program. C. The Subcontractor Subgrantee shall set an appropriate DBE goal consistent with the Department’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subcontractor Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subcontractor Subgrantee shall follow all other parts of the Department’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address xxxx://xxx.xxxxx.xxx/business/partnerships/dbe.html E. The Subcontractor Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subcontractor Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The Department’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification from to the Subgrantee to the Subcontractor of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subcontractor Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. 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.

Disadvantaged Business Enterprise (DBE) Program. A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subcontractor shall adopt, in its totality, the DepartmentTXDoT’s federally approved DBE program. C. The Subcontractor shall set an appropriate DBE goal consistent with the DepartmentTXDoT’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subcontractor shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subcontractor shall follow all other parts of the DepartmentTXDoT’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address xxxx://xxx.xxxxx.xxx/business/partnerships/dbe.html E. The Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subcontractor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The DepartmentTXDoT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification from the Subgrantee H- GAC to the Subcontractor of its failure to carry out its approved program, the Department TXDoT may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subcontractor signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-USDOT- assisted contracts. 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.