Planning Communities, LLC 1/27/2023

Federal Transit Administration Clauses 11 I. Small Business Participation Bidders on public works contracts greater than $100,000 must identify and provide specific subcontracts appropriate for small business participation. Definition of Small Business per the Code of Federal Regulations (CFR), Title 49: Transportation, Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, Subpart A – General, Paragraph 26.5: Small business concern means, with respect to firms seeking to participate as DBEs in DOT-assisted contracts, a small business concern as defined pursuant to section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR part 121) that also does not exceed the cap on average annual gross receipt specified in Paragraph 26.65(b). Paragraph 26.65: What rules govern business size determinations? 1. To be an eligible DBE, a firm (including its affiliates) must be an existing small business, as defined by Small Business Administration (SBA) standards. As a recipient, you must apply current SBA business size standard(s) found in 13 CFR part 121 appropriate to the type(s) of work the firm seeks to perform in DOT-assisted contracts. 2. Even if it meets the requirements of paragraph (a) of this section, a firm is not an eligible DBE in any Federal fiscal year if the firm (including its affiliates) has had average annual gross receipts, as defined by SBA regulations (see 13 CFR 121.402), over the firm's previous three fiscal years, in excess of $22.41 million. 3. The Department adjusts the number in paragraph (b) of this section annually using the Department of Commerce price deflators for purchases by State and local governments as the basis for this adjustment. [74 FR 15224, Apr. 3, 2009] 12. VETERAN’S EMPLOYMENT To the extent practicable, Contractors shall give a hiring preference to veterans (as defined in Section 2108 of title 5 (5 USC 2108)) who have the requisite skills and abilities to perform the construction work required under a third-party contract in connection with a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee. 13. TERMINATION OF DBE SUBCONTRACTOR The Contractor shall not terminate the DBE subcontractor(s) listed in the bid documents without the City of Everett’s prior written consent. The City of Everett may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five (5) days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to