Always Active Services 1/23/2023

i 1 • The DBE is ineligible to work on public works projects because of 2 suspension and debarment proceedings pursuant to federal law or I 3 applicable State law. 4 5 • The DBE is ineligible to receive DBE credit for the type of work I 6 involved. 7 8 • The DBE voluntarily withdraws from the project and provides written 9 notice of its withdrawal. 10 11 • The DBE's work is deemed unsatisfactory by the Engineer and not in 12 compliance with the Contract. 13 14 • The DBE's owner dies or becomes disabled with the result that the DBE 15 is unable to complete its Work on the Contract. , 16 17 Good cause does not exist if: 18 I 19 • The Contractor seeks to terminate a COA DBE so that the Contractor 20 can self-perform the Work. 21 I 22 • The Contractor seeks to terminate a COA DBE so the Contractor can 23 substitute another DBE contractor or non-DBE contractor after 24 Contract Award. 25 26 • The failure or refusal of the COA DBE to perform its Work on the 27 subcontract results from the bad faith or discriminatory action of the 28 Contractor (e.g., the failure of the Contractor to make timely payments I 29 or the unnecessary placing of obstacles in the path of the DBE's Work). 30 31 32 33 Decertification 34 When a DBE is "decertified" from the DBE program during the course of the I 35 Contract, the participation of that DBE shall continue to count as DBE 36 participation as long as the subcontract with the DBE was executed prior to the 37 decertification notice.The Contractor is obligated to substitute when a DBE does 38 not have an executed subcontract agreement at the time of decertification. 39 40 Consequences of Non-Compliance 41 Breach of Contract , 42 Each contract with a Contractor(and each subcontract the Contractor signs with 43 a Subcontractor) must include the following assurance clause: 44 45 The Contractor, subrecipient, or Subcontractor shall not discriminate on the 46 basis of race, color, national origin, or sex in the performance of this contract. 47 The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the 48 award and administration of DOT-assisted contracts. Failure by the Contractor 49 to carry out these requirements is a material breach of this Contract, which may 50 result in the termination of this Contract or such other remedy as the recipient 51 deems appropriate, which may include, but is not limited to: FLEMING BICYCLE CORRIDOR 48 PW 3767 November 15,2022