Common use of WBE Replacement Clause in Contracts

WBE Replacement. When a Contractor has relied on a commitment to a MBE or WBE firm (or an approved substitute MBE or WBE firm) to meet all or part of a contract goal requirement, the contractor shall not terminate the MBE/WBE for convenience. This includes, but is not limited to, instances in which the Contractor seeks to perform the work of the terminated subcontractor with another MBE/WBE subcontractor, a non-MBE/WBE subcontractor, or with the Contractor’s own forces or those of an affiliate. A MBE/WBE may only be terminated after receiving the Engineer’s written approval based upon a finding of good cause for the termination. The prime contractor must give the MBE/WBE firm five (5) calendar days to respond to the prime contractor’s notice of termination and advise the prime contractor and the Department of the reasons, if any, why the firm objects to the proposed termination of its subcontract and why the Department should not approve the action. All requests for replacement of a committed MBE/WBE firm shall be submitted to the Engineer for approval on Form RF-1 (Replacement Request). If the Contractor fails to follow this procedure, the Contractor may be disqualified from further bidding for a period of up to 6 months. The Contractor shall comply with the following for replacement of a committed MBE/WBE:

WBE Replacement. When a Contractor has relied on a commitment to a MBE or WBE firm (or an approved substitute MBE or WBE firm) to meet all or part of a contract goal requirement, the contractor shall not terminate the MBE/WBE for convenience. This includes, but is not limited to, instances in which the Contractor seeks to perform the work of the terminated subcontractor with another MBE/WBE subcontractor, a non-non- MBE/WBE subcontractor, or with the Contractor’s own forces or those of an affiliate. A MBE/WBE may only be terminated after receiving the Engineer’s written approval based upon a finding of good cause for the termination. The prime contractor must give the MBE/WBE firm five (5) calendar days to respond to the prime contractor’s notice of termination and advise the prime contractor and the Department of the reasons, if any, why the firm objects to the proposed termination of its subcontract and why the Department should not approve the action. All requests for replacement of a committed MBE/WBE firm shall be submitted to the Engineer for approval on Form RF-1 (Replacement Request). If the Contractor fails to follow this procedure, the Contractor may be disqualified from further bidding for a period of up to 6 months. The Contractor shall comply with the following for replacement of a committed MBE/WBE:

WBE Replacement. When a Contractor has relied on a commitment to a MBE or WBE firm (or an approved substitute MBE or WBE firm) to meet all or part of a contract goal requirement, the contractor shall not terminate the MBE/WBE for convenience. This includes, but is not limited to, instances in which the Contractor seeks to perform the work of the terminated subcontractor with another MBE/WBE subcontractor, a non-MBE/WBE subcontractor, or with the Contractor’s own forces or those of an affiliate. A MBE/WBE may only be terminated after receiving the Engineer’s written approval based upon a finding of good cause for the proposed termination. The prime contractor must give the MBE/WBE firm five (5) calendar 5 days to respond to the prime contractor’s notice of termination intent to terminate and advise the prime contractor and the Department of the reasons, if any, why the firm objects to the proposed termination of its subcontract and why the Department should not approve the action. All requests for replacement of a committed MBE/WBE firm shall be submitted to the Engineer for approval on Form RF-1 (Replacement Request). If the Contractor fails to follow this procedure, the Contractor may be disqualified from further bidding for a period of up to 6 months. The Contractor shall comply with the following for replacement of a committed MBE/WBE:.