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 Party shall comply with 40 C.F.R., Part 33, including: Subpart C - Good Faith Efforts Subpart D - Fair Share Objectives Subpart E - Recordkeeping and Reporting Documentation of Parties’ good faith efforts and data relied upon regarding fair share objectives must be reported to CVRPC with each invoice.
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. A. It is the policy of the Administration that DBEs, as defined in 49 CFR Part 23, shall have the maximum opportunity to share in the benefits from the Airport concession opportunities. Furthermore, in accordance with Federal Regulations under 49 CFR Part 23, it is the Administration's obligation to ensure that DBE's have the opportunity to compete for available revenues at the Airport. A DBE is a business entity, whether a sole proprietorship, partnership, joint venture, or corporation of which at least fifty-one percent (51 %) of the interest is owned and controlled by a "socially and economically disadvantaged individual" as such term is defined in the Airport and Airways Safety and Capacity Expansion Act of 1987 and the regulations promulgated pursuant thereto at 49 CFR Part 23. DBES must meet the experience and economic guidelines set forth in 49 CFR Part 23 and be certified by the Maryland Department of Transportation (hereinafter referred to as "MDOT"). Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Black-Americans, Hispanic-Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans.
B. In order to provide a fair opportunity for DBE participation, the Administration requires that Contractor make good faith efforts, as defined in Appendix A of 49 CFR Part 23, to provide for a level of DBE participation in this concession equal to or greater than fifteen percent (15 %) of concession gross revenues through an assignment of a portion of the required services to DBE ground transportation related service providers; or a combination of ownership options and the above assignment provision. In the event that the Contractor qualifies as a MDOT-certified DBE, the Contract goal shall be deemed to have been met.
C. Selection of actual DBE ground transportation related service providers, if proposed as a method of achieving participation, shall be finalized after award to the Contractor. The Administration encourages, but does not require, DBE selection based on a separate request(s) for proposals to be issued by the Contractor or other competitive methodology.
D. If the Contractor fails to achieve and maintain the level of MDOT certified DBE participation submitted in its proposal, Contractor will be required to provide documentation demonstrating that it made good faith efforts, as determined by the Administration, in its attempt to meet the required level of MDOT certified DBE particip...
Disadvantaged Business Enterprise Participation. 50 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 apply to this 51 Contract. As such, the requirements of this Contract are to make affirmative efforts to solicit DBEs, 1 provide information on who submitted a Bid or quote and to report DBE participation quarterly as 2 described elsewhere in these Contract Provisions. No preference will be included in the evaluation 3 of Bids/Proposals, no minimum level of DBE participation shall be required as a Condition of Award 4 and Bids/Proposals may not be rejected or considered non-responsive on that basis. 5
Disadvantaged Business Enterprise Participation. Definitions
