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

Disadvantaged Business Enterprise (DBE). To the extent required by Federal law, regulation, or directive, SUBRECIPIENT agrees to take the following measures to facilitate participation by DBEs: a. SUBRECIPIENT agrees and assures that it will comply with MAP-21 Section 1101(b) (23 U.S.C. 101 note), which directs the Secretary of Transportation to expend not less than 10 percent of authorized federal funds with DBEs. This 10 percent national goal is aspirational and is used by the DOT to help monitor and evaluate DBE participation in DOT-assisted contracting opportunities.‌ b. SUBRECIPIENT agrees and assures that it will comply with DOT regulation, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR 26. Among other provisions, this regulation requires certain SUBRECIPIENTs of DOT Federal financial assistance, including SUBRECIPIENT, to ensure that DBE firms have a level competitive playing field and opportunity to participate in DOT-assisted contracts. c. SUBRECIPIENT agrees and assures that it shall not discriminate on the basis of race, color, sex, or national origin, in the award and performance of any third-party contract supported with Federal assistance derived from DOT, or in the administration of its DBE Program, and will comply with the requirements of 49 CFR 26. SUBRECIPIENT agrees to take all necessary and reasonable steps set forth in 49 CFR 26 to ensure nondiscrimination in the award and administration of all third-party contracts supported with Federal assistance derived from DOT. As required by 49 CFR 26 and approved by DOT, SANDAG’s DBE Program is incorporated by reference and made part of this Agreement. The SUBRECIPIENT agrees that implementation of this DBE Program is a legal obligation, and that failure to carry out its terms shall be treated as a violation of this AGREEMENT. Upon notification by DOT to SANDAG and notification by SANDAG to SUBRECIPIENT of a failure to implement its approved DBE Program, DOT may impose sanctions as provided for under 49 CFR 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001, and/or the Program Fraud Civil Remedies Act, (31 U.S.C. 3801, et seq.). d. In connection with the performance of this AGREEMENT, SUBRECIPIENT will cooperate with SANDAG in meeting its commitments and goals with regard to the maximum utilization of DBEs and other small businesses. It is SANDAG policy that DBEs and small businesses shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with FTA funds. e. SUBRECIPIENT shall carry out applicable requirements of 49 CFR 26, of the Code of Federal Regulations, entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” (the Regulations) in the award and administration of this AGREEMENT.

Disadvantaged Business Enterprise (DBE). To the extent required by Federal law, regulation, or directive, SUBRECIPIENT agrees to take the following measures to facilitate participation by DBEs: a. SUBRECIPIENT agrees and assures that it will comply with MAP-21 Section 1101(b) (23 U.S.C. 101 note), which directs the Secretary of Transportation to expend not less than 10 percent of authorized federal funds with DBEs. This 10 percent national goal is aspirational and is used by the DOT to help monitor and evaluate DBE participation in DOT-assisted contracting opportunities.‌opportunities. b. SUBRECIPIENT agrees and assures that it will comply with DOT regulation, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR 26. Among other provisions, this regulation requires certain SUBRECIPIENTs of DOT Federal financial assistance, including SUBRECIPIENT, to ensure that DBE firms have a level competitive playing field and opportunity to participate in DOT-assisted contracts. c. SUBRECIPIENT agrees and assures that it shall not discriminate on the basis of race, color, sex, or national origin, in the award and performance of any third-party contract supported with Federal assistance derived from DOT, or in the administration of its DBE Program, and will comply with the requirements of 49 CFR 26. SUBRECIPIENT agrees to take all necessary and reasonable steps set forth in 49 CFR 26 to ensure nondiscrimination in the award and administration of all third-party contracts supported with Federal assistance derived from DOT. As required by 49 CFR 26 and approved by DOT, SANDAGXXXXXX’s DBE Program is incorporated by reference and made part of this Agreement. The SUBRECIPIENT agrees that implementation of this DBE Program is a legal obligation, and that failure to carry out its terms shall be treated as a violation of this AGREEMENT. Upon notification by DOT to SANDAG and notification by SANDAG to SUBRECIPIENT of a failure to implement its approved DBE Program, DOT may impose sanctions as provided for under 49 CFR 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001, and/or the Program Fraud Civil Remedies Act, (31 U.S.C. 3801, et seq.). d. In connection with the performance of this AGREEMENT, SUBRECIPIENT will cooperate with SANDAG in meeting its commitments and goals with regard to the maximum utilization of DBEs and other small businesses. It is SANDAG policy that DBEs and small businesses shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with FTA funds.funds.‌ e. SUBRECIPIENT shall carry out applicable requirements of 49 CFR 26, of the Code of Federal Regulations, entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” (the Regulations) in the award and administration of this AGREEMENT.

Disadvantaged Business Enterprise (DBE). To the extent required by Federal lawa. In accordance with federal financial assistance agreements with DOT, regulationATN has adopted a Disadvantaged Business Enterprise (DBE) Policy and Program, or directive, SUBRECIPIENT agrees to take the following measures to facilitate participation by DBEs: a. SUBRECIPIENT agrees and assures that it will comply in conformance with MAP-21 Section 1101(b) (23 U.S.C. 101 note), which directs the Secretary of Transportation to expend not less than 10 percent of authorized federal funds with DBEs. This 10 percent national goal is aspirational and is used by the DOT to help monitor and evaluate DBE participation in DOT-assisted contracting opportunities.‌ b. SUBRECIPIENT agrees and assures that it will comply with DOT regulationTitle 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR 26”. Among other provisions, this regulation requires certain SUBRECIPIENTs of DOT Federal financial assistance, including SUBRECIPIENT, The project is subject to these stipulated regulations. In order to ensure that ATN achieves its overall DBE firms have a level competitive playing field Program goals and opportunity to participate in DOT-assisted contracts. c. SUBRECIPIENT agrees and assures that it shall not discriminate on objectives, ATN encourages the basis participation of race, color, sex, or national origin, in the award and performance of any third-party contract supported with Federal assistance derived from DOT, or in the administration of its DBE Program, and will comply with the requirements of 49 CFR 26. SUBRECIPIENT agrees to take all necessary and reasonable steps set forth DBEs as defined in 49 CFR 26 to ensure nondiscrimination in the award and administration of all third-party contracts supported with Federal assistance derived from DOT. As required by 49 CFR 26 and approved by DOT, SANDAG’s DBE Program is incorporated by reference and made part of this Agreement. The SUBRECIPIENT agrees that implementation of this DBE Program is a legal obligation, and that failure to carry out its terms shall be treated as a violation of this AGREEMENT. Upon notification by DOT to SANDAG and notification by SANDAG to SUBRECIPIENT of a failure to implement its approved DBE Program, DOT may impose sanctions as provided for under 49 CFR 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001, and/or the Program Fraud Civil Remedies Act, (31 U.S.C. 3801, et seq.). d. In connection with the performance of this AGREEMENT, SUBRECIPIENT will cooperate with SANDAG in meeting its commitments and goals with regard to the maximum utilization of DBEs and other small businesses. It is SANDAG policy that DBEs and small businesses shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with FTA DOT funds. Pursuant to the intent of these regulations, it is also a policy of ATN to: 1. Fulfill the spirit and intent of the Federal DBE Program regulations published under DOT Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to participate in all of ATN’s DOT-assisted contracting opportunities. e. SUBRECIPIENT shall carry out applicable requirements of 49 CFR 26, of the Code of Federal Regulations, entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” (the Regulations) 2. Ensure that DBEs can fairly compete for and perform on all DOT-assisted contracts and subcontracts. 3. Ensure non-discrimination in the award and administration of ATN’s DOT-assisted contracts. 4. Create a level playing field on which DBEs can compete fairly for DOT- assisted contracts. 5. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. 6. Help remove barriers to the participation of DBEs in DOT-assisted contracts. 7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE Program. b. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. CONTRACTOR shall not be required to achieve a specific level of DBE participation as a condition of contract compliance in the performance of this AGREEMENTDOT-assisted contract. However, CONTRACTOR shall adhere to race-neutral DBE participation commitment(s) made at the time of contract award. c. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from CUCP’s website which can be accessed at xxxx://xxx.xxxxxxxxxxxxx.xxx; or the Caltrans “Civil Rights” web site at xxxx://xxx.xxx.xx.xxx/bep. d. If CONTRACTOR is a DBE firm and/or has proposed to utilize DBE firms, CONTRACTOR will be required to complete and submit a “Monthly Race-Neutral DBE Subcontractors Paid Report Summary and Payment Verification” (Form 103) to ATN by the 10th of each month until completion of the contract to facilitate reporting of race-neutral DBE participation, following the first month of contract activity. CONTRACTOR shall report the total dollar value paid to DBEs for the applicable reporting period. CONTRACTOR shall also report the DBE’s scope of work and the total subcontractor value of commitment for each DBE reported. CONTRACTOR is advised not to report the participation of DBEs toward CONTRACTOR’s race-neutral DBE attainment until the amount being counted has been paid to the DBE. Upon completion of the contract, CONTRACTOR will be required to prepare and submit to ATN, a “Race-Neutral DBE Subcontractors Paid Report Summary and Payment Verification” (Form 103) clearly marked “Final” to facilitate reporting and capturing actual DBE race-neutral attainments. CONTRACTOR shall complete and submit a Final Form 103 whether or not DBEs were utilized in the performance of this Agreement. e. When a DBE is proposed to participate in the contract, only the value of the work proposed to be performed by the DBE with its own forces may be counted towards race-neutral DBE participation. If CONTRACTOR is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted. If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted towards race-neutral DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with their own forces. Services subcontracted to a non-DBE firm may not be credited towards CONTRACTOR’s race-neutral DBE attainment. f. CONTRACTOR shall provide to ATN a list of DBE subcontractors and detail what work they will perform prior to commencement of work under this Agreement and such DBE subcontractors listed shall perform the work unless CONTRACTOR has received prior written authorization from ATN to perform the work with other forces. CONTRACTOR shall provide written notification to ATN in a timely manner of any changes to its anticipated DBE participation. This notice shall be provided prior to the commencement of that portion of work. g. In the event CONTRACTOR identifies additional DBE subcontractors not previously identified by CONTRACTOR for race-neutral DBE participation under this Agreement, CONTRACTOR shall notify ATN by submitting a “Request for Additional DBE Firm” to enable CONTRACTOR to capture all race-neutral DBE participation. CONTRACTOR shall also submit, for each DBE identified after this Agreement is executed, a written confirmation from the DBE acknowledging that it is participating in this Agreement for a specified value, and including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). h. If a DBE subcontractor is decertified during the life of this Agreement, the decertified subcontractor shall notify CONTRACTOR in writing with the date of decertification and CONTRACTOR shall furnish the written documentation to ATN in a timely manner. If a non-DBE subcontractor becomes a certified DBE during the term of this Agreement, the DBE subcontractor shall notify CONTRACTOR in writing with the date of certification and CONTRACTOR shall furnish the written documentation to ATN in a timely manner.