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

Disadvantaged Business Enterprise (DBE). (a) It is the policy of the Authority and the U.S. Department of Transportation (“DOT” or “U.S. DOT”) that Disad- vantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to par- ticipate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Conse- quently, the DBE requirements of 49 C.F.R Part 26 apply to this Contract and all subcontracts awarded under this Contract. (b) The Contractor and its subcontractors 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 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program in the award of subcontracts and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of the Contract, which may result in the termination of this Contract or such other remedy, as the Authority deems appro- priate, including but not limited to: (i) Withholding monthly progress payments, (ii) Assessing sanctions, (iii) Liquidating damages, and/or (iv) Disqualifying Contractor or subcontractor from future bidding as non-responsible. (c) Contractor shall pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Authority makes to the Contractor. (d) If this Contract contains a defined DBE goal, the Contractor shall use the specific DBEs listed in its bid/pro- posal/offer to perform the work and supply the materials for which each is listed unless the Contractor obtains the Authority’s written consent. Accordingly, the Contractor may not terminate a DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered by this subsection include, but are not limited to, instances in which the Contractor seeks to perform work originally designated for a DBE subcon- tractor with: (i) its own forces or those of an affiliate; (ii) a non-DBE firm; or (iii)

Disadvantaged Business Enterprise (DBE). (a) It is the policy of the Authority and the U.S. Department of Transportation (“DOT” The CONSULTANT, subrecipient, or “U.S. DOT”subcontractor(s) that Disad- vantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to par- ticipate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Conse- quently, the DBE requirements of 49 C.F.R Part 26 apply to this Contract and all subcontracts awarded under this Contract. (b) The Contractor and its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contractcontract. The Contractor CONSULTANT shall carry out applicable requirements of 49 C.F.R. CFR Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program 26 in the award of subcontracts and administration of this ContractState or United States Department of Transportation (DOT) assisted contracts or in the administration of HCAOG’s DBE Program. Failure by the Contractor CONSULTANT to carry out these requirements is a material breach of the Contractthis contract, which may result in the termination of this Contract contract or such other remedy, as the Authority HCAOG deems appro- priateappropriate, including which may include but is not limited to: (i) i. Withholding monthly progress payments, (ii) . Assessing sanctions, (iii) Liquidating . Liquidated damages, and/or (iv) . Disqualifying Contractor or subcontractor the contractor from future bidding as non-responsible (b) The CONSULTANT must make available to the Caltrans contract manager a copy of all DBE subcontracts upon request. (c) Contractor shall pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Authority makes to the Contractor. (d) If this Contract contains a defined DBE goal, the Contractor shall use The contractor must utilize the specific DBEs listed in its bid/pro- posal/offer to perform the work and supply the materials for which each is listed unless the Contractor contractor obtains authorization from Caltrans. Unless the Authority’s written consent. AccordinglyDepartment provides prior authorization approving a request for termination or substitution of a listed DBE, the Contractor may shall not terminate a be entitled to any payment for work or materials unless it is performed or supplied by the listed DBEs. (d) It is the policy of HCAOG, Caltrans, and DOT, that the Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, shall have an equal opportunity to receive and participate in DOT-assisted contracts. The CONSULTANT and its Subcontractor(s) shall comply with the requirements of 49 CFR Part 26 and with HCAOG’s DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered Program, as amended. (e) A “DBE Information Form” is attached hereto and incorporated herein by this subsection includereference as Exhibit D. Even if no DBE participation will be reported, but are not limited tothe CONSULTANT shall complete and sign such form at the time this Contract is executed. (f) During the period of this Contract, instances in which the Contractor seeks CONSULTANT shall maintain records of all applicable subcontracts advertised and entered into germane to perform work originally designated for this Contract, documenting the actual DBE participation and records of materials purchased from DBE suppliers. Such documentation shall show the name and business address of each DBE Subcontractor(s) or vendor, and the total dollar amount actually paid each DBE Subcontractor(s) or vendor. Upon completion of the Contract, regardless of whether DBE participation is obtained, a summary of the DBE subcon- tractor with: (i) its own forces or those of an affiliate; (ii) records shall be prepared, certified correct, and submitted on a non-DBE firm; or (iii)form that shall be provided by HCAOG.

Disadvantaged Business Enterprise (DBE). (aA. The CONTRACTOR, subrecipient, or subcontractor(s) It is the policy of the Authority and the U.S. Department of Transportation (“DOT” or “U.S. DOT”) that Disad- vantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to par- ticipate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Conse- quently, the DBE requirements of 49 C.F.R Part 26 apply to this Contract and all subcontracts awarded under this Contract. (b) The Contractor and its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contractcontract. The Contractor CONTRACTOR shall carry out applicable requirements of 49 C.F.R. CFR Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program 26 in the award of subcontracts and administration of this ContractState or United States Department of Transportation (DOT) assisted contracts or in the administration of AMBAG’s DBE Program. Failure by the Contractor CONTRACTOR to carry out these requirements is a material breach of the Contractthis contract, which may result in the termination of this Contract contract or such other remedy, as the Authority AMBAG deems appro- priateappropriate, including which may include but is not limited to: (i) 1. Withholding monthly progress payments, (ii) 2. Assessing sanctions, (iii) Liquidating 3. Liquidated damages, and/or (iv) 4. Disqualifying Contractor or subcontractor the contractor from future bidding as non-responsible B. The contractor must make available to the Caltrans contract manager a copy of all DBE subcontracts upon request. (c) Contractor shall pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Authority makes to the Contractor. (d) If this Contract contains a defined DBE goal, the Contractor shall use C. The contractor must utilize the specific DBEs listed in its bid/pro- posal/offer to perform the work and supply the materials for which each is listed unless the Contractor contractor obtains authorization from Caltrans. Unless the Authority’s written consent. AccordinglyDepartment provides prior authorization approving a request for termination or substitution of a listed DBE, the Contractor may shall not terminate a be entitled to any payment for work or materials unless it is performed or supplied by the listed DBEs. D. It is the policy of AMBAG, Caltrans, and DOT, that the Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, shall have an equal opportunity to receive and participate in DOT-assisted contracts. The CONTRACTOR and its Subcontractor(s) shall comply with the requirements of 49 CFR Part 26 and with AMBAG’s DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered Program, as amended. E. A “DBE Information Form” is attached hereto and incorporated herein by this subsection includereference as Exhibit D. Even if no DBE participation will be reported, but are not limited tothe CONTRACTOR shall complete and sign such form at the time this Contract is executed F. During the period of this Contract, instances in which the Contractor seeks CONTRACTOR shall maintain records of all applicable subcontracts advertised and entered into germane to perform work originally designated for this Contract, documenting the actual DBE participation and records of materials purchased from DBE suppliers. Such documentation shall show the name and business address of each DBE Subcontractor(s) or vendor, and the total dollar amount actually paid each DBE Subcontractor(s) or vendor. Upon completion of the Contract, regardless of whether DBE participation is obtained, a summary of the DBE subcon- tractor with: (i) its own forces or those of an affiliate; (ii) records shall be prepared, certified correct, and submitted on a non-DBE firm; or (iii)form that shall be provided by AMBAG.

Disadvantaged Business Enterprise (DBE). (a) It is the policy of the Authority and the U.S. Department of Transportation (“DOT” or “U.S. DOT”) that Disad- vantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to par- ticipate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Conse- quently, the DBE requirements of 49 C.F.R Part 26 apply to this Contract and all subcontracts awarded under this Contract. (b) The Contractor and its subcontractors 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 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program in the award of subcontracts and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of the Contract, which may result in the termination of this Contract or such other remedy, as the Authority deems appro- priate, including but not limited to: (i1) Withholding monthly progress payments, (ii2) Assessing sanctions, (iii3) Liquidating damages, and/or (iv4) Disqualifying Contractor or subcontractor from future bidding as non-responsible. (c) Contractor shall pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Authority makes to the Contractor. (d) If this Contract contains a defined DBE goal, the Contractor shall use the specific DBEs listed in its bid/pro- posal/offer to perform the work and supply the materials for which each is listed unless the Contractor obtains the Authority’s written consent. Accordingly, the Contractor may not terminate a DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered by this subsection include, but are not limited to, instances in which the Contractor seeks to perform work originally designated for a DBE subcon- tractor with: (i) its own forces or those of an affiliate; (ii) a non-DBE firm; or (iii)

Disadvantaged Business Enterprise (DBE). (a) A. SANDAG has not established goals for the participation of DBE for this Agreement. The Consultant, however, is responsible for being fully informed of the requirements of Part 26, Title 49 of the Code of Federal Regulations and SANDAG’s DBE Program, which are incorporated herein by reference. Consultant is urged to obtain DBE participation should a clearly defined portion of the work become available. B. It is the SANDAG’s policy of the Authority and the U.S. Department of Transportation (“DOT” or “U.S. DOT”) that Disad- vantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 certified DBE firms shall have the maximum an equal opportunity to par- ticipate participate in the performance of contracts financed in whole or in part with Federal funds under federal funds. The Project covered by this ContractAgreement will be financed in whole or in part with federal funds. Conse- quentlyTherefore, the Consultant shall ensure that certified DBE requirements firms, as defined in 49 CFR Part 26, have an equal opportunity to participate in the performance of this Agreement and shall take all necessary and reasonable steps, as set forth in 49 C.F.R CFR Part 26 apply to this Contract and all subcontracts awarded under this Contract. (b) The Contractor and its subcontractors 26, for such assurance. Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of this ContractAgreement. The Contractor Consultant shall carry out applicable requirements of 49 C.F.R. Part 26CFR part 26 in the award and administration of DOT assisted contracts. Failure to carry out these requirements shall constitute a material breach of this Agreement, which may result in termination of this Agreement or such other remedy as SANDAG deems appropriate. C. If DBE participation is obtained, Consultant shall maintain records of all subconsultant agreements entered into with DBE subconsultants and records of materials purchased from DBE suppliers, regardless of tier. Such records shall show each subconsultant’s and vendor’s name and address and the Authority's DOT approved actual dollars paid to each. Upon completion of the Agreement, a summary of these records shall be prepared, certified correct and submitted on the form entitled “ Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors” attached as Exhibit G, or its equivalent, by the Consultant or its authorized representative to SANDAG’s Project Manager showing total dollars paid to each DBE subconsultant and supplier. D. If a DBE subconsultant is decertified during the life of the project, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the project, the subconsultant shall notify Consultant in writing with the date of certification. Consultant shall immediately furnish the written documentation to SANDAG’s Project Manager. Upon completion of the Agreement, “ Disadvantaged Business Enterprise (DBE) program in Certification Status Change” Form CEM-2403(f) indicating the award DBE’s existing certification status shall be signed and certified correct by Consultant. E. Any DBE firm working as a subconsultant under this Agreement must be responsible for the execution of subcontracts a distinct element of the work and administration must carry out its responsibility by actually performing, managing, and supervising the work. F. Consultant shall make every reasonable effort to replace a certified DBE firm that is unable to perform the provisions of this Contract. Failure by the Contractor to carry out these requirements is a material breach of the Contract, which may result in the termination of this Contract or such other remedy, as the Authority deems appro- priate, including but not limited to: (i) Withholding monthly progress payments, (ii) Assessing sanctions, (iii) Liquidating damages, and/or (iv) Disqualifying Contractor or subcontractor from future bidding as non-responsibleAgreement with another certified DBE firm. (c) Contractor G. The Consultant shall pay subcontractors all DBE subconsultants and nonDBE subconsultants for satisfactory performance of their contracts no later than 30 within thirty (30) days from receipt of each subconsultant invoice. Consultant must pay all DBE and nonDBE subconsultants prior to requesting payment from SANDAG for those expenses. Consultant agrees further to release retainage payments to each subconsultant within 10 (ten) days after Consultant receives payment of the Authority makes retainage from SANDAG. Any delay or postponement of payment from this time frame may occur only for good cause following written approval from SANDAG. This paragraph applies to the Contractor. (d) If this Contract contains a defined both DBE goal, the Contractor shall use the specific DBEs listed in its bid/pro- posal/offer to perform the work and supply the materials for which each is listed unless the Contractor obtains the Authority’s written consent. Accordingly, the Contractor may not terminate a DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered by this subsection include, but are not limited to, instances in which the Contractor seeks to perform work originally designated for a DBE subcon- tractor with: (i) its own forces or those of an affiliate; (ii) a non-DBE firm; or (iii)subconsultants.

Disadvantaged Business Enterprise (DBE). (a) A. SANDAG has not established goals for the participation of DBE for this Agreement. The Consultant, however, is responsible for being fully informed of the requirements of Part 26, Title 49 of the Code of Federal Regulations and SANDAG’s DBE Program, which are incorporated herein by reference. Consultant is urged to obtain DBE participation should a clearly defined portion of the work become available. B. It is the SANDAG’s policy of the Authority and the U.S. Department of Transportation (“DOT” or “U.S. DOT”) that Disad- vantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 certified DBE firms shall have the maximum an equal opportunity to par- ticipate participate in the performance of contracts financed in whole or in part with Federal funds under federal funds. The Project covered by this ContractAgreement will be financed in whole or in part with federal funds. Conse- quentlyTherefore, the Consultant shall ensure that certified DBE requirements firms, as defined in 49 CFR Part 26, have an equal opportunity to participate in the performance of this Agreement and shall take all necessary and reasonable steps, as set forth in 49 C.F.R CFR Part 26 apply to this Contract and all subcontracts awarded under this Contract. (b) The Contractor and its subcontractors 26, for such assurance. Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of this ContractAgreement. The Contractor Consultant shall carry out applicable requirements of 49 C.F.R. Part 26CFR part 26 in the award and administration of DOT assisted contracts. Failure to carry out these requirements shall constitute a material breach of this Agreement, which may result in termination of this Agreement or such other remedy as SANDAG deems appropriate. C. If DBE participation is obtained, Consultant shall maintain records of all subconsultant agreements entered into with DBE subconsultants and records of materials purchased from DBE suppliers, regardless of tier. Such records shall show each subconsultant’s and vendor’s name and address and the Authority's DOT approved actual dollars paid to each. Upon completion of the Agreement, a summary of these records shall be prepared, certified correct and submitted on the form entitled “ Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors” attached as Exhibit G, or its equivalent, by the Consultant or its authorized representative to SANDAG’s Project Manager showing total dollars paid to each DBE subconsultant and supplier. Consultant will not receive final payment until this Exhibit is filled in and provided to SANDAG. D. If a DBE subconsultant is decertified during the life of the project, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the project, the subconsultant shall notify Consultant in writing with the date of certification. Consultant shall immediately furnish the written documentation to SANDAG’s Project Manager. Upon completion of the Agreement, “ Disadvantaged Business Enterprise (DBE) program in Certification Status Change” Form CEM-2403(f) indicating the award DBE’s existing certification status shall be signed and certified correct by Consultant. E. Any DBE firm working as a subconsultant under this Agreement must be responsible for the execution of subcontracts a distinct element of the work and administration must carry out its responsibility by actually performing, managing, and supervising the work. F. Consultant shall make every reasonable effort to replace a certified DBE firm that is unable to perform the provisions of this Contract. Failure by the Contractor to carry out these requirements is a material breach of the Contract, which may result in the termination of this Contract or such other remedy, as the Authority deems appro- priate, including but not limited to: (i) Withholding monthly progress payments, (ii) Assessing sanctions, (iii) Liquidating damages, and/or (iv) Disqualifying Contractor or subcontractor from future bidding as non-responsibleAgreement with another certified DBE firm. (c) Contractor G. The Consultant shall pay subcontractors all DBE subconsultants and nonDBE subconsultants for satisfactory performance of their contracts no later than 30 within thirty (30) days from receipt of each subconsultant invoice. Consultant must pay all DBE and nonDBE subconsultants prior to requesting payment from SANDAG for those expenses. Consultant agrees further to release retainage payments to each subconsultant within 10 (ten) days after Consultant receives payment of the Authority makes retainage from SANDAG. Any delay or postponement of payment from this time frame may occur only for good cause following written approval from SANDAG. This paragraph applies to the Contractor. (d) If this Contract contains a defined both DBE goal, the Contractor shall use the specific DBEs listed in its bid/pro- posal/offer to perform the work and supply the materials for which each is listed unless the Contractor obtains the Authority’s written consent. Accordingly, the Contractor may not terminate a DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered by this subsection include, but are not limited to, instances in which the Contractor seeks to perform work originally designated for a DBE subcon- tractor with: (i) its own forces or those of an affiliate; (ii) a non-DBE firm; or (iii)subconsultants.

Disadvantaged Business Enterprise (DBE). (a) A. SANDAG has not established goals for the participation of DBE for this Agreement. The Consultant, however, is responsible for being fully informed of the requirements of Part 26, Title 49 of the Code of Federal Regulations and SANDAG’s DBE Program, which are incorporated herein by reference. Consultant is urged to obtain DBE participation should a clearly defined portion of the work become available. B. It is the SANDAG’s policy of the Authority and the U.S. Department of Transportation (“DOT” or “U.S. DOT”) that Disad- vantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall certified DBE firms shal l have the maximum an equal opportunity to par- ticipate participate in the performance of contracts financed in whole or in part with Federal funds under federal funds. The Project covered by this ContractAgreement will be financed in whole or in part with federal funds. Conse- quentlyTherefore, the Consultant shall ensure that certified DBE requirements firms, as defined in 49 CFR Part 26, have an equal opportunity to participate in the performance of this Agreement and shall take all necessary and reasonable steps, as set forth in 49 C.F.R CFR Part 26 apply to this Contract and all subcontracts awarded under this Contract. (b) The Contractor and its subcontractors 26, for such assurance. Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of this ContractAgreement. The Contractor Consultant shall carry out applicable requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program CFR part 26 in the award of subcontracts and administration of this ContractDOT assisted contracts. Failure by the Contractor to carry out these requirements is shall constitute a material breach of the Contractthis Agreement, which may result in the termination of this Contract Agreement or such other remedy, remedy as the Authority SANDAG deems appro- priate, including but not limited to: (i) Withholding monthly progress payments, (ii) Assessing sanctions, (iii) Liquidating damages, and/or (iv) Disqualifying Contractor or subcontractor from future bidding as non-responsibleappropriate. C. If DBE participation is obtained, Consultant shall maintain records of all subconsultant agreements entered into with DBE subconsultants and records of materials purchased from DBE suppliers, regardless of tier. Such records shall show each subconsultant’s and vendor’s name and address and the actual dollars paid to each. Upon completion of the Agreement, a summary of these records shall be prepared, certified correct and submitted on the form entitled “ Final Report – Utilization of Disadv antaged Business Enterprises (cDBE), First-Tier Subcontractors” attached as Exhibit G, or its equivalent, by the Consultant or its authorized representative to SANDAG’s Project Manager showing total dollars paid to each DBE subconsultant and supplier. Consultant will not rece ive final payment until this Exhibit is filled in and provided to SANDAG. D. If a DBE subconsultant is decertified during the life of the project, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the project, the subconsultant shall notify Consultant in writing with the date of certification. Consultant shall immediately furnish the written documentation to SANDAG’ s Project Manager. Upon completion of the Agreement, “ Disadvantaged Business Enterpri se (DBE) Contractor Certification Status Change” Form CEM-2403(f) indicating the DBE’s existing certifi cation status shall be signed and certified correct by Consultant. E. Any DBE firm working as a subconsultant under this Agreement must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. F. Consultant shall make every reasonable effort to re place a certified DBE firm that is unable to perform the provisions of this Agreement with another certified DBE firm. G. The Consultant shall pay subcontractors all DBE subconsultants and nonDBE subconsultants for satisfactory performance of their contracts no later than 30 within thirty (30) days from receipt of each subconsultant invoice. Consultant must pay all DBE and nonDBE subconsultants prior to requesting payment from SANDAG for those expenses. Consultant agrees further to release retainage payments to each subconsultant within 10 (ten) days after Consultant receives payment of the Authority makes retainage from SANDAG. Any delay or postponement of payment from this time frame may occur only for good cause following written approval from SANDAG. This paragraph applies to the Contractor. (d) If this Contract contains a defined both DBE goal, the Contractor shall use the specific DBEs listed in its bid/pro- posal/offer to perform the work and supply the materials for which each is listed unless the Contractor obtains the Authority’s written consent. Accordingly, the Contractor may not terminate a DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered by this subsection include, but are not limited to, instances in which the Contractor seeks to perform work originally designated for a DBE subcon- tractor with: (i) its own forces or those of an affiliate; (ii) a non-DBE firm; or (iii)subconsultants.

Disadvantaged Business Enterprise (DBE). (a) It 49 CFR Part 26 a. A contract award resulting from this solicitation is subject to the policy requirements of the Authority and the U.S. Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation (“Financial Assistance Programs. ISLAND TRANSIT's policy is to practice nondiscrimination based on race, color, sex, or national origin in the award and administration of all DOT” or “U.S. DOT”) that Disad- vantaged Business Enterprises (DBEs) -assisted contracts. ISLAND TRANSIT’s DBE Program, as defined in required by 49 C.F.R. CFR Part 26 shall have the maximum opportunity to par- ticipate and as approved by DOT, is incorporated by reference in the performance of contracts financed in whole or in part with Federal funds under this Contract. Conse- quently, the DBE requirements of 49 C.F.R Part 26 apply to this Contract and all subcontracts awarded under this Contractagreement. (b) b. The Contractor and its subcontractors Contractor, sub-recipient, or subcontractor shall not discriminate based on the basis of race, color, national origin, or sex in the performance of a contract award resulting from this Contractsolicitation. The Contractor shall carry out applicable requirements of 49 C.F.R. CFR Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program 26 in the award of subcontracts and administration of this ContractDOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of the Contracta contract award resulting from this solicitation, which may result in the termination of this Contract the contract or such other remedyremedy as ISLAND TRANSIT deems appropriate, as the Authority deems appro- priatewhich may include, including but not be limited to: (i) 1. Withholding monthly progress payments,; (ii) 2. Assessing sanctions,; (iii) Liquidating 3. Liquidated damages, and/or; and (iv) 4. Disqualifying Contractor or subcontractor the contractor from future bidding as non-responsibleresponsible under 49 CFR 26.13(b). (c) c. The Contractor shall is required to pay its subcontractors performing work related to the contract for satisfactory performance of their contracts no later than 30 that work within ten (10) days from after the Contractor’s receipt of each payment the Authority makes to the Contractor. (d) If this Contract contains a defined DBE goalfor that work from ISLAND TRANSIT. In addition, the Contractor shall use is required to return any retainage payments to those subcontractors within 30 days after the specific DBEs listed in subcontractor’s work related to a contract is satisfactorily completed and accepted. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval by ISLAND TRANSIT. This clause applies to both DBE and non-DBE subcontracts. d. The Contractor must promptly notify ISLAND TRANSIT’s DBE Liaison Officer whenever a DBE subcontractor performing work related to a contract is terminated or fails to complete its bid/pro- posal/offer work and must make good faith efforts to engage another DBE subcontractor to perform at least the work and supply the materials for which each is listed unless the Contractor obtains the Authority’s written consentsame amount of work. Accordingly, the The Contractor may not terminate a any DBE subcontractor listed in its bid/pro- posal/offer without the Authority’s prior written consent. Contractor actions covered by this subsection include, but are not limited to, instances in which the Contractor seeks to and perform that work originally designated for a DBE subcon- tractor with: (i) through its own forces or those of an affiliate; (ii) a non-DBE firm; or (iii)affiliate without prior written consent of ISLAND TRANSIT.