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Federal Transit Administration Clauses <br />7 <br />Recruitment advertising, recruitment, and employment; 53 (B) Rates of pay and other forms of <br />compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D) Transfers, <br />demotions, layoffs, and terminations. <br />6.Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking <br />“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S. DOL regulations, <br />“Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of <br />Labor,” 41 C.F.R. chapter 60; and (ii) Executive Order No. 11246, “Equal Employment Opportunity in <br />Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as <br />amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e <br />note. <br />11.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 race <br />neutral accomplishments semi-annually. No preference will be included in the evaluation of bids, no <br />minimum level of DBE participation shall be required as condition for receiving an award and <br />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 defined by <br />Section 3 of the Small Business Act and implementing regulations, except that a small business <br />concern shall not include any concern or group of concerns controlled by the same socially and <br />economically disadvantaged individual or individuals which has annual average gross receipts in <br />excess of $14 million over the previous three fiscal years. The Secretary shall adjust this figure <br />from time to time for inflation. A DBE must be certified by the Washington State Office of <br />Minority and Women’s Business 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 51 percent <br />of the stock of which is owned by one or more socially and economically disadvantaged <br />individuals; and, <br />b.The management and daily business operations of which are controlled by the socially and <br />economically disadvantaged individuals who own the business. <br />2.Socially and Economically Disadvantaged Individuals are those individuals who are citizens of the <br />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 groups ofRFP