DBE Required StatementsDBE REQUIRE,i 1 CFR PART 26
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Policy: It is the policy of the Department of Transportation (DOT) that Disadvantaged
Business Enterprises (DBE's) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part with
Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part
26 apply to this agreement.
DBE OblijZation: The contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Pant: The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contact no later than (specify number of days as
defined in recipient's DBE plan) days from the receipt of each payment the prime
contractor receives from the recipient. The prime contractor agrees further to return
retainage payments to each subcontractor within than (specify number of days as defined in
recipient's DBE plan) days after the subcontractor's work is satisfactorily completed. Any
delay or postponement of payment from the above referenced time frame may occur only
for good cause following written approval of the recipient. This clause applies to both DBE
and non -DBE subcontractor.
(Note: The above prompt payment statement is sample language. If different
than above, recipients should use the clause as provided in their DBE Plan in
accordance with 49 CFR Part 26.29)
Contract Goals: (Note the following statements should only be used if the recipient does not
expect to meet the overall goal through race -neutral means AND the contract has
subcontracting possibilities):
The bidder shall subcontract percent of the dollar value of the total amount of a DOT -
assisted contract (or of the Federal share of a DOT -assisted contract as defined in recipient's
DBE plan) to qualified DBE subcontractors. At (state the time as identified in the recipient's
DBE plan) the bidder shall submit:
1. The names, addresses of DBE firms that will participate in the contract;
2. A description of work that each DBE will perform;
3. The dollar amount of the participation of each DBE firm;
4. Written and signed document of commitment to use the DBE subcontractor whose
participation it submits to meet a contract goal;
When to Use Special Provisions for DBE
The Special Provisions for DBE can be found at
http://www.faa. gov/am/anm/publications/forms/index.cfm?nav=forms#plansandspecs
Situation
DBE Special Provisions Sections to Use
Airport has an entirely race neutral goal
® Policy
® DBE Obligation
® Bidders list
• Prompt Payment
Airport has a goal that is partially or
All paragraphs are required
entirely race conscious
NOTE:
The information in bold italics is intended to assist the sponsor in tailoring the statements to
their situation. This information should not be in the special provisions that appear in the
bid.
® Be certain to tailor the special provisions to your DBE plan requirements. Some
requirements vary by airport (i.e., Prompt payment days, time that good faith efforts are due,
when bidders list information is due, bidders list form may be different)