Compliance with DBE Requirements Clause Samples

The 'Compliance with DBE Requirements' clause mandates that parties involved in a contract adhere to specific rules and obligations related to Disadvantaged Business Enterprises (DBEs). This typically involves ensuring that a certain percentage of work or procurement is awarded to certified DBEs, maintaining records of DBE participation, and submitting regular reports to demonstrate compliance. The core function of this clause is to promote equal opportunity and diversity in contracting by ensuring that DBEs have fair access to business opportunities, thereby addressing historical disparities in public and private sector contracting.
Compliance with DBE Requirements. Unless otherwise provided in this Contract, if this Contract has a Disadvantaged Business Enterprises (DBE) participation goal, the Contractor shall implement DBE participation
Compliance with DBE Requirements. Unless otherwise provided in this Contract, if this Contract has a Disadvantaged Business Enterprises (DBE) participation goal, the Contractor shall implement DBE participation consistent with its proposal approved by the Authority upon the commencement of this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract, and shall carry out all other applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts, including this Contract and the Contractor’s contracts with its contractors under this Contract. Alteration of any aspect of the Contractor’s DBE participation shall not occur without the prior written consent of the Authority. Failure by the Contractor to carry out these requirements shall be a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the Authority deems appropriate, which may include, but is not limited to (a) withholding monthly progress payments; (b) assessing sanctions; (c) liquidated damages; and/or (4) disqualifying the Contractor or its contractors from future bidding as non-responsible. The Contractor shall include the preceding statements of this Section 20.04 in contracts with its contractors under this Contract that are covered by 49 CFR Part 26, and shall require that its contractors similarly include these statements in their subcontracts.
Compliance with DBE Requirements. Contract Assurance (§ 26.13). When DBE participation is required under federal law, 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 Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to: (1) withholding monthly progress payments; (2) assessing sanctions; (3) liquidated damages; and/or (4) disqualifying the Contractor from future bidding as non-responsible. Prompt Payment (§ 26.29). The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the Contractor receives from the Authority. The Contractor agrees further to return retainage payments to each subcontractor within ten (10) 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 Authority. This clause applies to both DB and non-DBE subcontractors.
Compliance with DBE Requirements. Contract Assurance (§ 26.13). 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 Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements
Compliance with DBE Requirements. (a) Department of Transportation (DOT) 49 CFR Part 26 ("Part 26"), concerning participation by Disadvantaged Business Enterprises (DBE) in federally- assisted contracts, applies to this Project and is incorporated by reference in this Agreement, and the Design Consultant’s compliance with the requirements of Part 26 and this Article VIII are material obligations under this Agreement. It is the policy of DOT and the City and County of Denver to ensure non-discrimination in the award and administration of DOT-assisted contracts. In accordance with the provisions of Part 26, the Design Consultant agrees that it is committed to meeting either the level of DBE participation upon which it was awarded this Agreement, throughout the life of the Agreement. (b) The Design Consultant understands that it must establish and maintain records and submit regular reports, as required, which will allow the City to assess progress in satisfying the DBE participation goal and other DBE affirmative action efforts. (c) The Design Consultant understands that if amendments or any other agreement modifications are issued under this Agreement, the Design Consultant shall have a continuing obligation to immediately inform the City’s Division of Small Business Opportunity (DSBO), in writing, of any agreed upon increase or decrease in the scope of work of such Agreement, regardless of whether such increase or decrease in scope of work has been reduced to writing at the time of notification. (d) The Design Consultant understands that if amendments or other Agreement modifications are issued under the Agreement and such changes result in an increase in scope of services in an Agreement or otherwise increase the dollar value of the Agreement, whether or not such change is within the scope of work designated for performance by a DBE at the time of contract award, such changes shall be contemporaneously submitted to the DSBO. Those changes, of any kind or nature, that involve a changed scope of work that cannot be performed by existing project subconsultants or by the Design Consultant, shall be subject to goals for DBEs equal to the original goals on the Agreement. The Design Consultant must satisfy such goals as respects such changed scope of work by soliciting new DBEs as applicable, or must show each element of a modified good faith effort. The Design Consultant shall supply to the Director of DSBO for approval, the modified good faith effort documentation.
Compliance with DBE Requirements. In the event that a national ACDBE goal, applicable to this Agreement, is set by the Federal Aviation Administration or the United States Department of Transportation during the term of the Agreement, Company shall make good faith efforts as defined by the applicable regulation, to meet the goal. Such efforts shall be documented and submitted to the District as required by the FAA or DOT regulations. Company shall submit, in the format prescribed by the District, a quarterly report of ACDBE participation, including the ACDBE participant's name, address, contact information, type and dollar amount of participation and percentage of participation. Company shall assist the District in identifying participants in the business opportunities covered by this Agreement who may be eligible for certification as an ACDBE. Non-compliance with this requirement may result in termination of this Agreement in accordance with Article 17.

Related to Compliance with DBE Requirements

  • Compliance with Requirements Any investment program furnished, and any activities performed, by the Manager or by a Sub-Adviser under this Section shall at all times conform to, and be in accordance with, any requirements imposed by: (1) the Act and any rules or regulations in force thereunder; (2) any other applicable laws, rules and regulations; (3) the Declaration of Trust and By-Laws of the Fund as amended from time to time; (4) any policies and determinations of the Board of Trustees of the Fund; and (5) the fundamental policies of the Fund, as reflected in its Registration Statement under the Act or as amended by the shareholders of the Fund.

  • Compliance With Insurance Requirements Borrower will comply with all Insurance requirements and will not permit any condition to exist on the Mortgaged Property that would invalidate any part of any Insurance coverage required under this Loan Agreement.

  • Compliance with ▇▇▇▇▇ ▇▇▇▇▇ and Related Act requirements. All rulings and interpretations of the ▇▇▇▇▇- ▇▇▇▇▇ and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

  • Compliance with Standards Although the standards for workmanship, material, and equipment have been selected in these specifications as a basis of reference, standards and specifications of the other bank member countries and recommendations of standards international organizations will be acceptable provided they are substantially equivalent to the designated standards and provided furthermore that the contractor submits for approval detailed specifications which he proposes to use. Reference to brand names or catalog numbers if any in these specifications have been made only for that equipment for which it has been determined that a degree of standardization is necessary to maintain certain essential features. And in certain cases such references have also been made for purposes of convenience to specify the requirements, in either case offers of alternative goods, which have similar characteristics and provide performance and quality at lease equal to those specified are acceptable. If the contractor offers materials, equipment, design calculations or tests, which conform to standards other than those specified, full details of the differences between the proposed standards and that specified in so far as they affect the design or purpose of the equipment, are to be supplied by the contractor if called upon to do so by the engineer, where required by the engineer for approval purposes, the contractor shall supply, without charge, duplicate copies of the proposed standards with English translations of the relevant portions. The contractor shall have available in his place of business (or in his supplier’s works) the relevant copies of standards or codes used for the use of the Engineer.