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

Disadvantaged Business Enterprise (DBE). Applicability – Contracts over $3,500 awarded on the basis of a bid or proposal offering to use DBEs a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The 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 this contract. 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 municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s work. f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient.

Disadvantaged Business Enterprise (DBE). Applicability – Contracts over $3,500 awarded on the basis of a bid or proposal offering The specific provisions checked below apply to use DBEsthis Agreement. a. (a) This contract Agreement is subject to the requirements of Title 49, Code of Federal Regulations, 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBEDBEs) is 10%10 percent. The recipientTJPA’s overall Anticipated DBE Participation Level for each Federal Fiscal Year is published on the TJPA website by August 1 of each year. 🞎 A separate Agreement goal for DBE participation is listed elsewhere. If a separate contract goal for of percent DBE participation has been established for this procurement, it is listed elsewhereAgreement. 🗹 A separate Agreement goal has not been established for this Agreement. b. (b) The contractor Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contractAgreement. The contractor Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contractDOT-assisted Agreement. Failure by the contractor Contractor to carry out these requirements is a material breach of this contractAgreement, which may result in the termination of this contract Agreement or such other remedy as the municipal corporation TJPA deems appropriate. Each subcontract Subcontract the contractor Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)Section 26.13[b]). c. If a separate contract goal has been established, Bidders/offerors are required (c) (Checked box is applicable to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53this Agreement.) d. If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. e. (d) The contractor Contractor is required to pay its subcontractors performing work related to this contract Agreement for satisfactory performance of that work no later than 30 ten (10) days after the contractorContractor’s receipt of payment for that work from the recipientTJPA. In addition, the contractor may not hold retainage from its subcontractors or must Contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 thirty (30) days after incremental acceptance of the subcontractor’s work by the recipient TJPA and contractorContractor’s receipt of the partial retainage payment related to the subcontractor’s work. f. (e) The contractor Contractor must promptly notify the recipient TJPA whenever a DBE subcontractor performing work related to this contract Agreement is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipientTJPA.

Disadvantaged Business Enterprise (DBE). Applicability – Contracts over $3,500 awarded on the basis of a bid or proposal offering The specific provisions checked below apply to use DBEsthis Agreement. a. (a) This contract Agreement is subject to the requirements of Title 49, Code of Federal Regulations, 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBEDBEs) is 10%10 percent. The recipientTJPA’s overall Anticipated DBE Participation Level for each Federal Fiscal Year is published on the TJPA website by August 1 of each year. 🞎 A separate Agreement goal for DBE participation is listed elsewhere. If a separate contract goal for of percent DBE participation has been established for this procurement, it is listed elsewhereAgreement. 🗹 A separate Agreement goal has not been established for this Agreement. b. (b) The contractor Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contractAgreement. The contractor Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contractDOT-assisted Agreement. Failure by the contractor Contractor to carry out these requirements is a material breach of this contractAgreement, which may result in the termination of this contract Agreement or such other remedy as the municipal corporation TJPA deems appropriate. Each subcontract Subcontract the contractor Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)Section 26.13[b]). c. (c) (Checked box is applicable to this Agreement.) 🞎 (If a separate contract Agreement goal has been established, Bidders/offerors are use the following) The Contractor was required to document sufficient DBE participation to meet these goals the separate Agreement goal established for this Agreement or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR Section 26.53. d. . 🗹 (If no separate contract Agreement goal has been established, use the successful bidder/offeror will be following) The Contractor is required to report its DBE participation obtained through race-neutral means throughout the period of performance. e. (d) The contractor Contractor is required to pay its subcontractors performing work related to this contract Agreement for satisfactory performance of that work no later than 30 ten (10) days after the contractorContractor’s receipt of payment for that work from the recipientTJPA. In addition, the contractor may not hold retainage from its subcontractors or must Contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 thirty (30) days after incremental acceptance of the subcontractor’s work by the recipient TJPA and contractorXxxxxxxxxx’s receipt of the partial retainage payment related to the subcontractor’s work. f. (e) The contractor Contractor must promptly notify the recipient TJPA whenever a DBE subcontractor performing work related to this contract Agreement is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipientTJPA.

Disadvantaged Business Enterprise (DBE). Applicability – Contracts over $3,500 awarded on the basis of a bid or proposal offering to use DBEs a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is listed elsewhere. If a A separate contract goal for DBE participation of 6% has been established for this procurement, it is listed elsewhere. b. The contractor . Trapeze has provided documentation of adequate good faith efforts towards meeting this goal. Trapeze shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor Trapeze shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor Trapeze 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 municipal corporation Licensee deems appropriate. Each subcontract the contractor Trapeze signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the . The successful bidder/offeror will be required to report its DBE participation obtained through race-race- neutral means throughout the period of performance. e. The contractor . Trapeze is required to pay its subcontractors performing work related to this contract Contract for satisfactory performance of that work no later than 30 days after the contractorTrapeze’s receipt of payment for that work from the recipientLicensee. In addition, the contractor may not hold retainage from its subcontractors or must Trapeze is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's ’s work related to this contract Contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s work. f. The contractor completed. Trapeze must promptly notify the recipient Licensee whenever a DBE subcontractor performing work related to this contract Contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor Trapeze may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without the prior written consent of the recipientLicensee.

Disadvantaged Business Enterprise (DBE). Applicability – Contracts over $3,500 awarded on the basis of a bid or proposal offering to use DBEs a. This contract Agreement is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s Nashua Transit's overall goal for DBE participation is listed elsewhere2.0%. If a A separate contract goal for DBE participation has not been established for this procurement, it is listed elsewhere. b. The contractor CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor 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 remedy, as the municipal corporation Nashua Transit deems appropriate. Each subcontract the contractor CONTRACTOR signs with a subcontractor SUBCONTRACTOR must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. e. d. The contractor CONTRACTOR is required to pay its subcontractors SUBCONTRACTOR'S performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s CONTRACTOR'S receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s workNashua Transit. f. e. The contractor CONTRACTOR must promptly notify the recipient Nashua Transit, whenever a DBE subcontractor SUBCONTRACTOR performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor SUBCONTRACTOR to perform at least the same amount of work. The contractor CONTRACTOR may not terminate any DBE subcontractor SUBCONTRACTOR and perform that work through its own forces or those of an affiliate without prior written consent of Nashua Transit. Failure of the recipientCONTRACTOR to comply with this section or to include it in any subcontract of any tier will constitute a breach of Contract and, after notification of DOT, may result in termination of the Contract by the CITY or such remedy as the CITY deems appropriate.

Disadvantaged Business Enterprise (DBE). Applicability – Contracts over $3,500 awarded on the basis of a bid or proposal offering to use DBEs a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is listed elsewhere. If a A separate contract goal for DBE participation of 0% has been established for this procurement, it is listed elsewhere. b. The contractor . Trapeze has provided documentation of adequate good faith efforts towards meeting this goal. Trapeze shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor Trapeze shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor Trapeze 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 municipal corporation Licensee deems appropriate. Each subcontract the contractor Trapeze signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the . The successful bidder/offeror will be required to report its DBE participation obtained through race-race- neutral means throughout the period of performance. e. The contractor . Trapeze is required to pay its subcontractors performing work related to this contract Contract for satisfactory performance of that work no later than 30 days after the contractorTrapeze’s receipt of payment for that work from the recipientLicensee. In addition, the contractor may not hold retainage from its subcontractors or must Trapeze is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's ’s work related to this contract Contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s work. f. The contractor completed. Trapeze must promptly notify the recipient Licensee whenever a DBE subcontractor performing work related to this contract Contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor Trapeze may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without the prior written consent of the recipientLicensee.

Disadvantaged Business Enterprise (DBE). Applicability – Contracts over $3,500 awarded on the basis of a bid or proposal offering to use DBEs a. (1) This contract Agreement is subject to the requirements of Section 1101(b) of MAP-21, 23 U.S.C. § 101 note, Title 49, Code of Federal Regulations, Part 26, and 49 U.S.C. § 5332 Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipientCouncil’s overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere10%. b. (2) The contractor consultant shall not discriminate on the basis of race, color, religion, national origin, origin or sex in the performance of this contract. The contractor consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor consultant to carry out these requirements is a material breach of this contractAgreement, which may result in the termination of this contract Agreement or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor consultant signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the (3) The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. e. (4) The contractor consultant is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractorconsultant’s receipt of payment for that work from the recipientCouncil. In addition, the contractor consultant may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient Council and contractorconsultant’s receipt of the partial retainage payment related to the subcontractor’s work. f. (5) The contractor consultant must promptly notify the recipient Council whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor consultant may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipientCouncil.