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. 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 of the NCDOT, Rail Division, based upon a finding of good cause for the termination. All requests for replacement of a committed MBE/WBE firm shall be submitted to the Engineer NCDOT, Rail Division, 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. 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: