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DBE Required StatementsDBE REQUIRE,i 1 CFR PART 26 ,. 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)