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Federal Transit Administration Clauses <br /> 10. DISADVANTAGED BUSINESS ENTERPRISE (DBE) <br /> a. Background and Applicability <br /> This clause flows down and extends to all third-party contractors and their contracts. It must be <br /> included in every tier contract. It is the prime contractor's responsibility to ensure the DBE <br /> requirements are applied across the board to all subcontractors. <br /> b. Disadvantaged Business Enterprise (DBE) Participation <br /> The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 applies to this <br /> contract. The requirements of this contract are to encourage DBE participation and to report <br /> race neutral accomplishments semi-annually. No preference will be included in the evaluation <br /> of bids, no minimum level of DBE participation shall be required as condition for receiving an <br /> award and bids/Bids will not be rejected or considered non-responsive on that basis. <br /> c. Disadvantaged Business Enterprises(DBE) Definitions <br /> 1) DBE is an incorporated or unincorporated small business concern or joint venture, as <br /> defined by Section 3 of the Small Business Act and implementing regulations, except <br /> that a small business concern shall not include any concern or group of concerns <br /> controlled by the same socially and economically disadvantaged individual or individuals <br /> which has annual average gross receipts in excess of$14 million over the previous three <br /> fiscal years. The Secretary shall adjust this figure from time to time for inflation. A DBE <br /> must be certified by the Washington State Office of Minority and Women's Business <br /> Enterprises. <br /> a) At least 51 percent of which is owned by one or more socially and economically <br /> disadvantaged individuals or, in the case of any publicly owned business, at least <br /> 51 percent of the stock of which is owned by one or more socially and <br /> economically disadvantaged individuals; and, <br /> b) The management and daily business operations of which are controlled by the <br /> socially and economically disadvantaged individuals who own the business. <br /> 2) Socially and Economically Disadvantaged Individuals are those individuals who are <br /> citizens of the United States (or lawfully admitted permanent residents) and who are: <br /> a) Black Americans-which includes persons having origins in any of the black racial <br /> groups of Africa; <br /> b) Hispanic Americans -which includes persons of Mexican, Puerto Rican, Cuban, <br /> Central or South American or other Spanish or Portuguese culture or origin, <br /> regardless of race; <br /> c) Native Americans -which includes persons who are American Indians, Eskimos, <br /> Aleuts or Native Hawaiians; <br /> d) Asian-Pacific Americans -which includes persons whose origins are from Japan, <br /> China,Taiwan, Korea, Vietnam, Laos, Cambodia,the Philippines, Samoa, Guam, <br /> the U.S.Trust Territories or the Pacific and the Northern Marianas; <br /> 9 <br />