DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. A DBE Goal: The following DBE goal has been established for this Agreement. The dollar value of services and related equipment, supplies, and materials used in furtherance thereof which is credited toward this goal will be based on the amount actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE firms is 8% of the total Agreement dollar value.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. MaineDOT has established an annual Disadvantaged Business Enterprise goal to be achieved through race neutral means. This goal shall adjust periodically and shall be provided by Supplemental Provision. Unless otherwise specifically provided in the Contract, there are no specific percentage requirements for use of DBEs for individual construction contracts. The Consultant shall comply with all provisions of this section regarding DBE participation and MaineDOT’s latest version of the Disadvantaged Business Enterprise Program Manual, said Manual being incorporated herein by reference. In the case of conflict between this Contract and said Manual, this Contract shall control. MaineDOT reserves the right to adjust DBE goals on a project-by-project basis by addendum. MaineDOT and its Consultant shall not discriminate on the basis of race, color, national origin, ancestry, sex, age, sexual orientation or disability in the award and performance of DOT assisted contracts. Disadvantaged Business Enterprises are those so certified by the Maine Department of Transportation’s Civil Rights Office prior to bid opening date. The DBE defaults, voluntarily removes itself or is over-extended; MaineDOT deletes portions of the work to be performed by the DBE. It is not intended that the ability to negotiate a more advantageous contract with another certified DBE be considered a valid basis for such a change in DBE utilization once the DBE has signed a contract. Any requests to alter the DBE commitment must be in writing to MaineDOT's Civil Rights Office. Failure to carry out terms of this Standard Specification shall be treated as a violation of this contract and shall result in contract sanctions which may affect the ability of the Consultant to obtain Department contracts. Copies of the Maine Department of Transportation’s DBE Program may be obtained from: FHWA-1273 -- Revised May 1, 2012
I. General II. Nondiscrimination
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. The contractor or subcontractor 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 DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The (prime) contractor shall not terminate a DBE subcontractor for convenience and then perform that work with its own forces or its affiliate. Prime contractors must make payment to subcontractors for satisfactory performance of their contracts no later than 30 days from the receipt of each payment made by the Commission to the prime contractor. If retainage is withheld by from the subcontractor, prompt and full payment must be made by the prime contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Commission. When the Commission has made an incremental acceptance of a portion of a prime contract or a progress payment, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. Any delay or postponement of payment to subcontractors may only take place for good cause. Any such delay or postponement requires the prior written approval of the Commission. If any of these conditions are not met, the Commission reserves the right to withhold payment until the Commission is satisfied that these conditions are met. The contractor agrees to place this clause in all subcontracts.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. A. As mandated by 49 CFR Part 26, MPO shall require that its contractors, subcontractors, and subrecipients do not, discriminate on the basis of race, color, national origin, or sex in the award, administration and performance of any FHWA/FTA fund-assisted contract or in the administration of MPO’s DBE program.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. The Manager or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this agreement. The Manager shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Manager 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 TJPA deems appropriate.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. An applicant DBE firm must be given consideration for participation in the PROJECT and a DBE goal shall be set by the CABINET for work on the PROJECT. The CABINET shall review and approve the DBE goal based on CABINET processes and procedures. Any participating DBE firm must be certified as a DBE firm and be prequalified with the CABINET. The RECIPIENT agrees to comply with the DBE Requirements contained within 23 CFR 635 Subpart A, Section 1101(b) of Public Law 109-59, Chapter 3 of Title 49 USC and 49 CFR Part 26 to ensure equal opportunity to socially and economically disadvantaged small businesses.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. The Contractor or subcontractor 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 DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract, or such other remedy as the recipient deems appropriate. BTA’s goal for fiscal years 2022-2025 for its transit system procurements is 4.5% for Disadvantaged Business Enterprises (including Women in Business and Small Business Enterprises) in federally funded contracts).
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. Attached as part of this solicitation are documents outlining the requirements for the Disadvantaged Business Enterprise (DBE) Program: If the offer is over $100,000, and for the offeror to be considered responsible, the following documents (see Appendix B) shall be completed and submitted with the offer: Written request for waiver when DBE participation is less than 25 percent The provisions of Appendix B (if attached) do not become applicable and forms do not have to be completed, unless the total offer is $100,000 or more. If the offer is $100,000 or more and any portion of the written requirement is omitted, then the offer may be found to be unacceptable and subsequently rejected. Appendix B forms and/or waivers must be completed with great care by each offeror to insure that the offer is acceptable.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. It is the policy of the Ohio Department of Transportation that Disadvantaged Business Enterprises (DBEs) shall have equal opportunity to compete for and perform subcontracts which the Consultant enters into pursuant to this contract. The Consultant must use good faith efforts to include DBE subconsultants. Consequently, the requirements of Title 49 CFR Part 26 apply to this contract. The Consultant must ensure that the DBE subconsultant(s) is performing a "commercially useful function" as defined in 49 CFR 26.55. At least *** percent (**%) of this contract shall be subcontracted to DBE firms who have been certified as a DBE by the Ohio Department of Transportation. In order to be assured that the Consultant complies with this contractual requirement during the course of the work, the Consultant shall: Prior to starting work, provide a written plan for DBE participation including a breakdown by PDP step if applicable (or similar breakdown by task), description of work to be performed by each DBE subconsultant, and projected percentage of DBE participation during each step of the work. Provide an ongoing summary of DBE subconsultant amounts invoiced, for the current invoice and as a running total for the contract. Provide a quarterly report of the amounts actually paid to DBE subconsultants, and certification by the subconsultants of the amounts received. Provide a written explanation if the level of DBE participation falls below the level stated in the DBE implementation plan, including a plan to meet the goal. If the goal cannot be met, the Consultant will be required to establish good faith efforts (GFEs).
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. The Sponsor has established an annual Disadvantaged Business Enterprise goal to be achieved through race neutral means. This goal shall adjust periodically and shall be provided by Supplemental Provision. Unless otherwise specifically provided in the Contract, there are no specific percentage requirements for use of DBEs for individual construction contracts. The Consultant shall comply with all provisions of this section regarding DBE participation and the Sponsor’s latest version of the Disadvantaged Business Enterprise Program Plan, said Plan being incorporated herein by reference. In the case of conflict between this Contract and said Plan, this Contract shall control. The Sponsor reserves the right to adjust DBE goals on a project-by-project basis by addendum. The Sponsor and its Consultant shall not discriminate on the basis of race, color, national origin, ancestry, sex, age, or disability in the award and performance of DOT assisted contracts. Disadvantaged Business Enterprises are those so certified by the Maine Department of Transportation’s Civil Rights Office prior to bid opening date. The Sponsor has determined that elements of a good faith effort to meet the contract goal include but are not limited to the following:
a. Whether the Consultant advertised in general circulation, trade association, and minority/women’s-focus media concerning the sub-contracting opportunities;
b. Whether the Consultant provided written notice to a reasonable number of specific DBEs that their interest in the contract is being solicited;
c. Whether the Consultant followed up on initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested;
d. Whether the Consultant selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE goals;
e. Whether the Consultant provided interested DBEs with adequate information about the plans, specification and requirements of the contract;
f. Whether the Consultant negotiated in good faith with interested DBEs, not rejecting the DBE as unqualified without sound reasons based on a thorough investigation of their capabilities;
g. Whether the Consultant made efforts to assist interested DBEs with other appropriate technical/financial assistance required by the Sponsor or Consultant;
h. Whether the Consultant effectively used the services of available minority/women’s community organizations, minority/women’s business assistance offices; ...
