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I <br /> 1 • The DBE is ineligible to work on public works projects because of 1 <br /> 2 suspension and debarment proceedings pursuant to federal law or <br /> 3 applicable State law. <br /> 4 <br /> 5 • The DBE is ineligible to receive DBE credit for the type of work I <br /> 6 involved. <br /> 7 <br /> 8 • The DBE voluntarily withdraws from the project and provides written I <br /> 9 notice of its withdrawal. <br /> 10 <br /> 11 • The DBE's work is deemed unsatisfactory by the Engineer and not in I <br /> 12 compliance with the Contract. <br /> 13 <br /> 14 • The DBE's owner dies or becomes disabled with the result that the DBE I <br /> 15 is unable to complete its Work on the Contract. <br /> 16 <br /> 17 Good cause does not exist if: <br /> 18 I <br /> 19 • The Contractor seeks to terminate a COA DBE so that the Contractor <br /> 20 can self-perform the Work. <br /> 21 <br /> 22 • The Contractor seeks to terminate a COA DBE so the Contractor can <br /> 23 substitute another DBE contractor or non-DBE contractor after <br /> 24 Contract Award. I <br /> 25 <br /> 26 • The failure or refusal of the COA DBE to perform its Work on the <br /> 27 subcontract results from the bad faith or discriminatory action of the <br /> 28 Contractor (e.g., the failure of the Contractor to make timely payments <br /> 29 or the unnecessary placing of obstacles in the path of the DBE's Work). <br /> 30 <br /> 31 <br /> 32 <br /> 33 Decertification <br /> 34 When a DBE is "decertified" from the DBE program during the course of the <br /> 35 Contract, the participation of that DBE shall continue to count as DBE <br /> 36 participation as long as the subcontract with the DBE was executed prior to the <br /> 37 decertification notice. The Contractor is obligated to substitute when a DBE does <br /> 1111 <br /> 38 not have an executed subcontract agreement at the time of decertification. <br /> 39 <br /> 40 Consequences of Non-Compliance <br /> 41 Breach of Contract <br /> 42 Each contract with a Contractor(and each subcontract the Contractor signs with <br /> 43 a Subcontractor) must include the following assurance clause: <br /> 44 <br /> 45 The Contractor, subrecipient, or Subcontractor shall not discriminate on the <br /> 46 basis of race, color, national origin, or sex in the performance of this contract. <br /> 47 The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the <br /> 48 award and administration of DOT-assisted contracts. Failure by the Contractor <br /> 49 to carry out these requirements is a material breach of this Contract, which may <br /> 50 result in the termination of this Contract or such other remedy as the recipient I <br /> 51 deems appropriate, which may include, but is not limited to: <br /> I <br /> 2023 FEDERAL OVERLAY <br /> FEDERAL AID##STBGUL-2715(011) I <br /> WO#3788 March 2,2023 SP-42 <br />