Common use of Participation by Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals Clause in Contracts

Participation by Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals. 1) The Grantee agrees to: (a) provide maximum practicable opportunities for small businesses, including veteran-owned small businesses and service disabled veteran-owned small businesses, and (b) implement best practices, consistent with our nation’s civil rights and equal opportunity laws, for ensuring that all individuals – regardless of race, gender, age, disability, and national origin – benefit from activities funded through this Agreement. 2) An example of a best practice under (b) above would be to incorporate key elements of the Department’s Disadvantage Business Enterprise (DBE) program (see 49 C.F.R. Part 26) in contracts under this Agreement. This practice would involve setting a DBE contract goal on contracts funded under this Agreement that have subcontracting possibilities. The goal would reflect the amount of DBE participation on the contract that the Grantee would expect to obtain absent the effects of discrimination and consistent with the availability of certified DBE firms to perform work under the contract. When a DBE contract goal has been established by a Grantee, the contract would be awarded only to a bidder/offer that has met or made (or in the case of a design/build project, is committed to meeting or making) documented, good faith efforts to reach the goal. Good faith efforts are defined as efforts to achieve a DBE goal or other requirement of this Agreement which, by their scope, intensity, and appropriateness to the objective can reasonably be expected to achieve the goal or other requirement. 3) The Grantee must provide FRA a plan for incorporating the above best practice into its implementation of the Project within 30 days following execution of this Agreement. If the Grantee is not able to substantially incorporate Part 26 elements in accordance with the above-described best practice, the Grantee agrees to provide the FRA with a written explanation and an alternative program for ensuring the use of contractors owned and controlled by socially and economically disadvantaged individuals.

Participation by Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals. 1) The Grantee agrees to: (a) provide maximum practicable opportunities for small businesses, including veteran-owned small businesses and service disabled veteran-owned small businesses, and (b) implement best practices, consistent with our nation’s civil rights and equal opportunity laws, for ensuring that all individuals – individuals—regardless of race, gender, age, and disability, and national origin – origin— benefit from activities funded through this Agreement. 2) An example of a best practice under (b1)(b) above would be to incorporate key elements of the Department’s Disadvantage Business Enterprise (DBE) program (see 49 C.F.R. Part 26) in contracts under this Agreement. This practice would involve setting a DBE contract goal on contracts funded under this Agreement that have subcontracting possibilities. The goal would reflect the amount of DBE participation on the contract that the Grantee would expect to obtain absent the effects of discrimination and consistent with the availability of certified DBE firms to perform work under the contract. When a DBE contract goal has been established by a the Grantee, the contract would be awarded only to a bidder/offer that has met or made (or in the case of a design/build project, is committed to meeting or making) documented, good faith efforts to reach the goal. Good faith efforts are defined as efforts to achieve a DBE goal or other requirement of this Agreement which, by their scope, intensity, and appropriateness to the objective can reasonably be expected to achieve the goal or other requirement. 3) The Grantee must provide FRA a plan for incorporating the above best practice into its implementation of the Project within 30 days following execution of this Agreement. If the Grantee is not able to substantially incorporate Part 26 elements in accordance with the above-described best practice, the Grantee agrees to provide the FRA with a written explanation and an alternative program for ensuring the use of contractors owned and controlled by socially and economically disadvantaged individuals. 8. Attachment 3, Statement of Work, Phase 1 California High-Speed Train Program – PE/NEPA/CEQA, is deleted in its entirety, and the following is substituted therefore: In 2008, the California State Legislature adopted AB 3034, finding “it imperative that the state proceed quickly to construct a…high-speed passenger train system to serve the major metropolitan areas….It is the intent of the Legislature that the entire high-speed train system shall be constructed as quickly as possible…and that it be completed no later than 2020….” Also in 2008, California voters passed Proposition 1A, approving $9 billion in bonds to support construction of the high-speed train. The Legislature and the voters specifically directed that the system should include California’s Central Valley, as well as other major California population centers. The California High-Speed Rail Authority (Authority or CHSRA) through the California High- Speed Train Program (CHSTP) proposes to implement a new high-speed rail system, grade- separated from road vehicle traffic and operated almost exclusively on separate, dedicated tracks with a top design speed of up to 250 mph and an operating speed of up to 220 mph. The 800- mile, statewide program will provide reliable, high-speed electrified train service between the Bay Area, the Central Valley, Sacramento, and Southern California. The Authority has been working to plan and design this system for over a decade. In 2005, 2008, and 2010, the Authority and the Federal Railroad Administration (FRA) completed and certified Program-level environmental impact statements/reports (EIS/EIR) under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) covering the entire CHSTP. CHSRA and FRA currently are preparing project-level EIS/EIR documents for individual sections (as identified below) of the CHSTP. CHSRA and FRA will not make final decisions regarding specific facilities, construction, sections, alignments, or mitigation measures until associated project EIR/EIS document(s) are complete and certified. Phase 1 of the program would involve construction of about 520 miles of the system between San Francisco and Anaheim. Phase 1 is divided into seven geographic sections (Section(s)) as follows: San Francisco-San Xxxx 50 San Xxxx-Xxxxxx Wye 120 Merced-Fresno 60 Fresno-Bakersfield 115 Bakersfield-Palmdale 85 Palmdale-Los Angeles 00 Xxx Xxxxxxx-Xxxxxxx 00 Xxxxx 0 Total 520 Phase 1, when complete, would be designed to provide 2-hour and 40-minute nonstop service— competitive with air travel—between San Francisco and Los Angeles, compared with over 6 hours of travel time by automobile. Before construction begins on Phase 1 of the CHSTP, it is necessary to finish the required environmental documentation and preliminary engineering (PE), which is the subject of this Attachment 3. No construction activities are funded under this Statement of Work. The Grantee (Authority) shall complete PE (approximately 30% design) and environmental documentation to support final environmental decisions in the form of Notices of Determination (NODs) and Records of Decision (RODs) for each of the seven Sections listed above, and station area planning, right-of-way (ROW) preservation, and development of necessary documents for design/build bidding and ultimately construction of Phase 1 of the CHSTP, from San Francisco to Anaheim, California.

Participation by Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals. 1(a) The Grantee To the extent permitted by applicable law, Borrower agrees to: (a1) provide maximum practicable opportunities for small businesses, including veteran-owned small businesses and service disabled veteran-owned small businesses, and (b2) implement best practices, consistent with our nation’s civil rights and equal opportunity laws, for ensuring that all individuals – regardless of race, gender, age, disability, disability and national origin – benefit from activities funded through this Agreement. 2(b) An example of a best practice under (ba)(2) above would be to incorporate key elements of the Department’s Disadvantage Disadvantaged Business Enterprise (“DBE”) program (see 49 C.F.R. Part 26) in contracts under this Agreement. This practice would involve setting a DBE contract goal on contracts funded under this Agreement that have subcontracting possibilities. The goal would reflect the amount of DBE participation on the contract that the Grantee Borrower would expect to obtain absent the effects of discrimination and consistent with the availability of certified DBE firms to perform work under the contract. When a DBE contract goal has been established by a GranteeBorrower, the contract would be awarded only to a bidder/offer that has met or made (or in the case of a design/build project, is committed to meeting or making) documented, good faith efforts to reach the goal. Good faith efforts are defined as efforts to achieve a DBE goal or other requirement of this Agreement which, by their scope, intensity, intensity and appropriateness to the objective can reasonably be expected to achieve the goal or other requirement. 3(c) The Grantee Borrower must provide FRA the Administrator with a plan for incorporating the above best practice into its implementation of the Project within 30 thirty (30) days following execution of this Agreement. If the Grantee Borrower is not able to substantially incorporate 49 C.F.R. Part 26 elements in accordance with the above-described best practice, the Grantee Borrower agrees to provide the FRA Administrator with a written explanation and an alternative program for ensuring the use of contractors owned and controlled by socially and economically disadvantaged individuals.