Common use of Hometown Plans (Federal-Aid Contracts Only) Clause in Contracts

Hometown Plans (Federal-Aid Contracts Only). If a Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the USDOL in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors participating in Hometown Plans shall be able to demonstrate their participation and document their compliance with the provision of the Hometown Plan. Each Contractor participating in an approved plan is individually required to comply with its obligation under the EEO clause and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved plan does not excuse any covered Contractor’s failure to take good faith efforts to achieve the Plan goals and timetables. 102-12 D/M/WBE UTILIZATION. D/M/WBE is a general term that refers to a Disadvantaged Business Enterprise (DBE), a Minority Business Enterprise (MBE) or a Women=s Business Enterprise (WBE). The DBE program applies to Federal-Aid contracts, and the MBE/WBE (M/WBE) program applies to non Federal-Aid contracts. The Department seeks to: • Ensure nondiscrimination in award and administration of Department contracts; • Ensure that only firms that fully meet D/M/WBE eligibility standards are permitted to participate in the Department=s D/M/WBE programs; • Help remove barriers to the participation of D/M/WBEs in the performance of Department contracts; • Create a level playing field on which D/M/WBEs can fairly compete for Department contracts; and • Assist in the development of firms that can compete successfully in the construction industry outside the D/M/WBE programs. The parties to this contract shall take all necessary and reasonable steps in accordance with the laws, rules and regulations cited in this subsection to promote the objectives outlined above. The Contractor shall comply with the applicable laws, rules and regulations and the D/M/WBE Program requirements stated below. The Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of Department contracts. The Contractor shall carry out the applicable requirements of 49 CFR 26 in the award and administration of Federal-Aid contracts. 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 Department deems appropriate. The Contractor shall not use the requirements of these specifications to discriminate against any qualified company or group of companies. These requirements shall be made a part of all subcontracts and agreements entered into as a result of this contract.