LOCALLY BASED ENTERPRISE PROGRAM Sample Clauses
LOCALLY BASED ENTERPRISE PROGRAM. This Contract is subject to the requirements of Section 6-108.1 of the Administrative Code and regulations promulgated thereunder. No construction contract shall be awarded unless and until these requirements have been complied with in their entirety; however, compliance with this Article is not required if the Agency sets Subcontractor Participation Goals for Minority- and Women-Owned Business Enterprises (M/WBEs)
LOCALLY BASED ENTERPRISE PROGRAM. 98.1. This Contract is subject to the requirements of Section 6-108.1 of the Administrative Code and regulations promulgated thereunder. No construction Contract shall be awarded unless and until these requirements have been complied with in their entirety.
98.2. Unless specifically waived by the Commissioner with the approval of the Division of Economic and Financial Opportunity of the Department of Business Services, if any portion of the Contract is subcontracted, not less than ten (10%) percent of the total dollar amount of the Contract shall be awarded to locally based enterprise (“LBEs”); except that where less than ten (10%) percent of the total dollar amount of the Contract is subcontracted, such lesser percentage shall be so awarded.
98.3. The prime Contractor shall not require performance and payment bonds from LBE Subcontractors.
98.4. If the Contractor has indicated prior to award that no Work will be subcontracted, no Work shall be subcontracted without the prior approval of the Commissioner, which shall be granted only if the Contractor makes a good faith effort beginning at least six (6) weeks before the Work is to be performed to obtain LBE Subcontractors to perform the Work.
98.5. If the Contractor has not identified sufficient LBE Subcontractors prior to award, it shall sign a letter of compliance stating that it complies with Section 6-108.1 of the Administrative Code, recognizes that achieving the LBE requirement is a condition of its Contract, and shall submit documentation demonstrating its good faith efforts to obtain LBEs. After award, the Contractor shall begin to solicit LBE’s to perform subcontracted Work at least six (6) weeks before the date such Work is to be performed and shall demonstrate that a good faith effort has been made to obtain LBE’s on each subcontract until it meets the required percentage.
98.6. Failure of the Contractor to comply with the requirements of Section 6-108.1 of the Administrative Code and the regulations promulgated thereunder shall constitute a material breach of Contract. Remedy for such breach of Contract may include the imposition of any or all of the following sanctions:
98.6.1. Reducing a Contractor’s compensation by an amount equal to the dollar value of the percentage of the LBE subcontracting requirement not complied with;
98.6.2. Declaring the Contractor in default;
98.6.3. Where non-compliance is by an LBE, de-certifying and declaring the LBE ineligible to participate in the LBE program fo...