Common use of PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES – COMMITMENT, COMPLIANCE AND REPORTING Clause in Contracts

PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES – COMMITMENT, COMPLIANCE AND REPORTING. 1. The Department has established a Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. ADOT has received federal financial assistance from the USDOT and as a condition of receiving this assistance, ADOT has signed an assurance that it shall comply with 49 CFR Part 26. It is ADOT’s policy to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in federally-funded contracts. It is also ADOT’s policy to: a. Ensure nondiscrimination in the award and administration of federally-funded contracts; b. Create a level playing field on which DBEs can compete fairly for federally-funded contracts; c. Ensure that the DBE program is narrowly tailored in accordance with applicable law; d. Ensure that only firms that fully meet 49 CFR Part 26 eligibility requirements are counted as DBEs; e. Help remove barriers to the participation of DBEs in federally-funded contracts; and f. Assist in the development of firms that can compete successfully in the marketplace. g. It is also ADOT’s policy to facilitate and encourage participation by Small Business Concerns (SBCs) in ADOT contracts. ADOT encourages Consultants to take reasonable steps to eliminate obstacles to SBC’s participation and to utilize SBCs in performing contracts. See section 4.49. The Federal regulations require a recipient of federal highway funding to implement an approved DBE Program that consists of establishing a statewide DBE utilization goal that uses race-neutral means to the maximum feasible extent to achieve the goal. Where race-neutral measures prove inadequate to achieve the goal, the State is required to use race-conscious measures, such as a DBE participation goal for individual contracts. The Department has established an overall annual goal for DBE participation on Federal-aid contracts. The Department intends to meet the goal with a combination of race-conscious efforts and race-neutral efforts. Race-conscious participation occurs where the Consultant uses a percentage of DBEs to meet a contract-specified goal. Race-neutral efforts are those that are, or can be, used to assist all small businesses or increase opportunities for all small businesses. The Consultant is required to adhere to the commitment made to utilize certified Disadvantaged Business Enterprises (DBE) as indicated in the firm’s Statement of Qualifications (SOQ) or subsequently agreed to by the State during negotiations. The State, at its discretion on a case by case basis, may waive the above limitations.

PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES – COMMITMENT, COMPLIANCE AND REPORTING. 1. The Department has established a Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. ADOT has received federal financial assistance from the USDOT and as a condition of receiving this assistance, ADOT has signed an assurance that it shall comply with 49 CFR Part 26. It is ADOT’s ’S policy to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in federally-funded federally‐funded contracts. It is also ADOT’s ’S policy to: a. Ensure nondiscrimination in the award and administration of federally-funded federally‐funded contracts; b. Create a level playing field on which DBEs can compete fairly for federally-funded federally‐funded contracts;; SAMPLE c. Ensure that the DBE program is narrowly tailored in accordance with applicable law; d. Ensure that only firms that fully meet 49 CFR Part 26 eligibility requirements are counted as DBEs; e. Help remove barriers to the participation of DBEs in federally-funded federally‐funded contracts; and f. Assist in the development of firms that can compete successfully in the marketplace. g. It is also ADOT’s policy to facilitate and encourage participation by Small Business Concerns (SBCs) in ADOT contracts. ADOT encourages Consultants to take reasonable steps to eliminate obstacles to SBC’s participation and to utilize SBCs in performing contracts. See section 4.49. The Federal regulations require a recipient of federal highway funding to implement an approved DBE Program that consists of establishing a statewide DBE utilization goal that uses race-neutral race‐neutral means to the maximum feasible extent to achieve the goal. Where race-neutral race‐neutral measures prove inadequate to achieve the goal, the State is required to use race-conscious race‐conscious measures, such as a DBE participation goal for individual contracts. The Department has established an overall annual goal for DBE participation on Federal-aid Federal‐aid contracts. The Department intends to meet the goal with a combination of race-conscious race‐conscious efforts and race-neutral race‐neutral efforts. Race-conscious Race‐conscious participation occurs where the Consultant uses a percentage of DBEs to meet a contract-specified contract‐specified goal. Race-neutral Race‐neutral efforts are those that are, or can be, used to assist all small businesses or increase opportunities for all small businesses. The Consultant is required to adhere to the commitment made to utilize certified Disadvantaged Business Enterprises (DBE) as indicated in the firm’s Statement of Qualifications (SOQ) or subsequently agreed to by the State during negotiations. The State, at its discretion on a case by case basis, may waive the above limitations.

PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES – COMMITMENT, COMPLIANCE AND REPORTING. 1. The Department has established a Disadvantaged Business Enterprise (DBE) program Program in accordance with the regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. ADOT has received federal financial assistance from the USDOT and as a condition of receiving this assistance, ADOT has signed an assurance that it shall comply with 49 CFR Part 26. It is ADOT’s policy to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in federally-funded contracts. It is also ADOT’s policy to: a. Ensure nondiscrimination in the award and administration of federally-funded contracts; b. Create a level playing field on which DBEs can compete fairly for federally-funded contracts; c. Ensure that the DBE program is narrowly tailored in accordance with applicable law; d. Ensure that only firms that fully meet 49 CFR Part 26 eligibility requirements are counted as DBEs; e. Help remove barriers to the participation of DBEs in federally-funded contracts; and f. Assist in the development of firms that can compete successfully in the marketplace. g. It is also ADOT’s policy to facilitate and encourage participation by Small Business Concerns (SBCs) in ADOT contracts. ADOT encourages Consultants to take reasonable steps to eliminate obstacles to SBC’s participation and to utilize SBCs in performing contracts. See section 4.49. The Federal regulations require a recipient of federal highway funding to implement an approved DBE Program that consists of establishing a statewide DBE utilization goal that uses and using race-neutral means to the maximum feasible extent to achieve the goal. Where race-neutral measures prove inadequate to achieve the goal, the State is required to use race-conscious measures, such as a DBE participation goal for individual contracts. The Department has established an overall annual goal for DBE participation on Federal-aid contracts. The Department intends to meet the goal with a combination of race-conscious efforts and race-neutral efforts. Race-conscious participation occurs where the Consultant uses a percentage of DBEs to meet a contract-specified goal. Race-neutral efforts are those that are, or can be, used to assist all small businesses or increase opportunities for all small businesses. The Consultant is required to adhere to the commitment made to utilize certified Disadvantaged Business Enterprises (DBE) as indicated in the firm’s Statement of Qualifications (SOQ) or subsequently agreed to by the State during negotiations. The State, at its discretion on a case by case basis, may waive the above limitations.

PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES – COMMITMENT, COMPLIANCE AND REPORTING. 1. The Department has established a Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. ADOT has received federal financial assistance from the USDOT and as a condition of receiving this assistance, ADOT has signed an assurance that it shall comply with 49 CFR Part 26. It is ADOT’s ’S policy to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in federally-funded contracts. It is also ADOT’s ’S policy to: a. Ensure nondiscrimination in the award and administration of federally-funded contracts; b. Create a level playing field on which DBEs can compete fairly for federally-funded contracts; c. Ensure that the DBE program is narrowly tailored in accordance with applicable law; d. Ensure that only firms that fully meet 49 CFR Part 26 eligibility requirements are counted as DBEs; e. Help remove barriers to the participation of DBEs in federally-funded contracts; and f. Assist in the development of firms that can compete successfully in the marketplace. g. It is also ADOT’s policy to facilitate and encourage participation by Small Business Concerns (SBCs) in ADOT contracts. ADOT encourages Consultants to take reasonable steps to eliminate obstacles to SBC’s participation and to utilize SBCs in performing contracts. See section 4.49. The Federal regulations require a recipient of federal highway funding to implement an approved DBE Program that consists of establishing a statewide DBE utilization goal that uses race-neutral means to the maximum feasible extent to achieve the goal. Where race-neutral measures prove inadequate to achieve the goal, the State is required to use race-conscious measures, such as a DBE participation goal for individual contracts. The Department has established an overall annual goal for DBE participation on Federal-aid contracts. The Department intends to meet the goal with a combination of race-conscious efforts and race-neutral efforts. Race-conscious participation occurs where the Consultant uses a percentage of DBEs to meet a contract-specified goal. Race-neutral efforts are those that are, or can be, used to assist all small businesses or increase opportunities for all small businesses. The Consultant is required to adhere to the commitment made to utilize certified Disadvantaged Business Enterprises (DBE) as indicated in the firm’s Statement of Qualifications (SOQ) or subsequently agreed to by the State during negotiations. The State, at its discretion on a case by case basis, may waive the above limitations.