Disadvantaged Business Enterprise Participation Sample Clauses
Disadvantaged Business Enterprise Participation. (a) The Project is subject to the requirements of Owner’s Business Diversity Development Program (BDDP) and Small Business Participation Program (SBPP). It is the responsibility of the Contractor to see that all requirements of the BDDP and SBPP are met. The Disadvantaged Business Enterprise (DBE) participation goal for the Project is TWENTY-FIVE PERCENT (25%). This percentage is defined as the dollar value of subcontracts awarded to certified DBEs divided by the base bid or alternate amount. To qualify, a firm must be included on the Owner’s list of certified DBE firms.
(b) Proposed changes to the designated participating DBEs during performance of the Work must be submitted to the Owner. Contractors must make every effort to replace a DBE subcontractor with another certified DBE, based on said DBEs’ availability. All substitutes for DBE subcontractors or joint ventures require prior approval of the Owner, such approval not to be unreasonably withheld; and said approval may be granted for reasons including, but not limited to, the following: (1) subcontractor requests that its subcontract or joint venture agreement with the prime contractor be voided; (2) subcontractor is unable to perform the Work; and/or (3) subcontractor has consistently performed unacceptable work.
(c) A determination by the Owner that the Contractor has either failed to comply with this Section 25.12, to timely submit to Owner requested documentation related hereto, to cooperate with Owner, or to answer inquiries truthfully shall subject the Contractor to any or all of the following penalties:
(1) Withholding from the Contractor all future payments under this Contract until the Contractor is in compliance; and/or
(2) Cancellation, termination or suspension of this Contract, in whole or in part; and/or
(3) Payment by the Contractor to the Owner of an amount equal to the difference in the DBE dollar value achieved in documented DBE participation or any lesser amount or penalty as deemed appropriate by the Owner, which dollar value shall be considered liquidated damages for failure to perform the requirements of this Contract and for which the Contractor and all of its subcontractors agree to be bound.
(d) A violation of this provision shall be considered a material breach of this Contract. If, in the opinion of the Owner, the Contractor has made significant deviations from the DBE program commitments, such deviations shall be considered a breach of this Contract.
Disadvantaged Business Enterprise Participation. 9 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and 10 USDOT’s official interpretations (i.e., Questions & Answers) apply to this Contract.
Disadvantaged Business Enterprise Participation. The District is committed to carrying out all of the Disadvantaged Business Enterprise (“DBE”) requirements of Title 49, Code of Federal Regulations Part 26, as amended from time to time. The procedures contained in the District’s DBE Program will ensure that all contracts and procurements are administered without discrimination on the basis of race, color, sex or national origin, and that DBEs have an equal opportunity to compete for and participate in the performance of all agreements, contracts and subcontracts awarded by the District.
Disadvantaged Business Enterprise Participation. 4 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and 5 USDOT’s official interpretations (i.e., Questions & Answers) apply to this Contract. As 7 provide information on who submitted a Bid or quote and to report DBE participation 8 monthly as described elsewhere in these Contract Provisions. No preference will be 9 included in the evaluation of Bids/Proposals, no minimum level of DBE participation shall 10 be required as a Condition of Award and Bids/Proposals may not be rejected or 11 considered non-responsive on that basis.
Disadvantaged Business Enterprise Participation. The successful applicant shall comply with 49 CFR Part 26 and Chapter 42 of the Milwaukee County Ordinances, which requires Good Faith Efforts (GFE) to achieve participation of certified Disadvantaged Business Enterprise (DBE) firms on all US DOT and Milwaukee County funded professional service contracts. In accordance with this Milwaukee County policy and US DOT requirements, the consultant/service provider shall ensure that DBEs have an opportunity to participate in this contract. Forms and information regarding DBE participation are attached to this RFP. Questions related to the forms or DBE participation should be directed to the Community Business Development Partners office of the Milwaukee County Board of Supervisors at (000) 000-0000. For this program, only the following budget forms (plus all required DBE related forms) are required with the Initial Submission and with the Final Submission: Form 1 Forms 2, 2A and 2B The complete budget package, as identified in the Application Contents of this RFP, is not required.
Disadvantaged Business Enterprise Participation. A. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”
B. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The ENGINEER or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The ENGINEER shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the ENGINEER 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 COUNTY deems appropriate.
C. The COUNTY has established a DBE (DBE) goal, for this Agreement of 1%. The ENGINEER must meet the DBE goal or document a good faith effort to meet the goal.
D. The “Notice to Proposers Disadvantaged Business Enterprise Information,” “DBE Information,” and “Proposer’s List of Subcontractor” forms are attached hereto as Exhibits G, H, and I respectively, and are hereby incorporated by reference and made part of this Agreement. ENGINEER must properly complete, execute, and return these forms to COUNTY as a pre-condition to the execution of this Agreement.
E. If a DBE subcontractor is unable to perform, the ENGINEER must make a good faith effort to replace him/her with another DBE subcontractor, if the goal is not otherwise met. A DBE is a firm meeting the definition of a DBE as specified in 49 CFR.
F. Any subcontract entered into by ENGINEER relating to this Agreement, shall bind the subcontractor to all of the provisions of this Article by incorporating the provisions of this Article in any such subcontract, and substituting the name of the subcontractor in place of the word “ENGINEER” where it appears in this Article.
Disadvantaged Business Enterprise Participation. 31 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and 32 USDOT’s official interpretations (i.e., Questions & Answers) apply to this Contract. As 33 such, the requirements of this Contract are to make affirmative efforts to solicit DBEs, 34 provide information on who submitted a Bid or quote and to report DBE participation 35 monthly as described elsewhere in these Contract Provisions. No preference will be 36 included in the evaluation of Bids/Proposals, no minimum level of DBE participation shall 37 be required as a Condition of Award and Bids/Proposals may not be rejected or 38 considered non-responsive on that basis. 39 40 DBE Abbreviations and Definitions 41 Broker – A business firm that provides a bona fide service, such as professional, 42 technical, consultant or managerial services and assistance in the procurement 43 of essential personnel, facilities, equipment, materials, or supplies required for 44 the performance of the Contract, or, persons/companies who arrange or 45 expedite transactions.
Disadvantaged Business Enterprise Participation. For purposes of this Section 2.67, the term “
Disadvantaged Business Enterprise Participation. The Owner encourages the Design-Builder to use subcontractors who are certified as disadvantaged business enterprises as defined in Section 288.703, Florida Statutes (“DBE”) so as to promote opportunities for DBE to participate in the Project. The Design-Builder when seeking subcontractors for the Project agrees to use its best efforts to insure the participation of local DBE.
Disadvantaged Business Enterprise Participation. The disadvantaged business enterprise (DBE) requirements of 49 CFR Part 26 apply to this contract. Accordingly, Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum appropriate opportunity to participate in the performance of this contract or in the performance of subcontracts to this contract. In this latter regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of age, race, color, religion, national origin, sex, or disability in the award of subcontracts.