Assistance to DBEs Clause Samples
The "Assistance to DBEs" clause requires contractors or project owners to provide support and resources to Disadvantaged Business Enterprises (DBEs) involved in a project. This assistance may include offering technical guidance, facilitating access to necessary equipment, or helping DBEs meet bonding and insurance requirements. By mandating such support, the clause aims to ensure that DBEs can effectively participate in and complete their contractual obligations, thereby promoting diversity and equal opportunity in contracting.
Assistance to DBEs. (1) [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselves.
(2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;
(b) The work in progress is subject to a total loss (i.e. lose a concrete pour); and
(c) The traveling public will be seriously impacted, and excessive travel delays incurred.
(3) In the event of any emergencies as defined by Section 9.h (2), the Project Manager or is designated representative is required to call in a report to Compliance Manager outlining the circumstances and the assistance rendered. The Department will be notified immediately. A DBE EMERGENCY ASSISTANCE – CALL IN LOG will be completed. The DBE Liaison Officer will assess the value of the assistance. The value of the assistance will be deducted from the Project DBE monthly progress report.
(4) [Insert DB Contractor Name] serves as an advocate for all its subcontractors (DBE and non- DBE) with the Department in the event of changes, change orders, and payment.
(5) Joint Checks for DBEs
(a) The request for a joint check request must emanate from the DBE and/or their supplier. The request must be on the DBE’s letterhead or equivalent. If no joint check agreement is provided to [Insert DB Contractor Name], the Subcontractor will utilize the Contractor’s version. If a joint check agreement is provided by the DBE and/or their vendor, the Chief Financial Officer (CFO) must review and edit as necessary to maintain compliance with the DBE special provision and provides sound legal protection for [Insert DB Contractor Name].
(b) Prior to any joint check being issued, its use must be approved by the Department. CFO will prepare a request using the Department’s Form 2178 signed by the DBE Liaison Officer. The form will be submitted to the Department by fax or email. Copies of the DBE’s request, the joint check agreement and the associated Department Form 2178 will remain on file for audit purposes.
(c) CFO prepares the joint check in the amounts acceptable to the DBE and their supplier. The check will be sent to the DBE in a ...
Assistance to DBEs. (1) [Insert DB Contractor Name] shall not provide any assistance to the DBE in the general performance of its work. The term assistance is defined in the broadest possible sense:
(a) Labor, equipment, or materials;
(b) Supervision;
(c) Ordering materials for the DBE from their suppliers;
(d) Fuel; and
(e) Any other item one would reasonably expect a viable subcontractor to provide for themselves.
(2) The only exceptions permitted by specification and allowed by [Insert DB Contractor Name] are under emergency conditions where:
(a) The safety of workers and the public is at risk;