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Federal Transit Administration Clauses <br /> <br />11 <br /> <br />current SBA business size standard(s) found in 13 CFR part 121 appropriate to the type(s) of <br />work the firm seeks to perform in DOT-assisted contracts. <br />2. Even if it meets the requirements of paragraph (a) of this section, a firm is not an eligible DBE in <br />any Federal fiscal year if the firm (including its affiliates) has had average annual gross receipts, <br />as defined by SBA regulations (see 13 CFR 121.402), over the firm's previous three fiscal years, in <br />excess of $22.41 million. <br />3. The Department adjusts the number in paragraph (b) of this section annually using the <br />Department of Commerce price deflators for purchases by State and local governments as the <br />basis for this adjustment. <br />[74 FR 15224, Apr. 3, 2009] <br />12. VETERAN’S EMPLOYMENT <br />To the extent practicable, Contractors shall give a hiring preference to veterans (as defined in Section <br />2108 of title 5 (5 USC 2108)) who have the requisite skills and abilities to perform the construction work <br />required under a third-party contract in connection with a Capital Project supported with federal <br />assistance appropriated or made available for 49 U.S.C. This subsection shall not be understood, <br />construed or enforced in any manner that would require an employer to give a preference to any <br />veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an <br />individual with a disability, or a former employee. <br />13. TERMINATION OF DBE SUBCONTRACTOR <br />The Contractor shall not terminate the DBE subcontractor(s) listed in the bid documents without the <br />City of Everett’s prior written consent. The City of Everett may provide such written consent only if the <br />Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the <br />Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason <br />for the request. The Contractor shall give the DBE five (5) days to respond to the notice and advise of the <br />reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to <br />complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find <br />another DBE subcontractor to substitute for the original DBE and immediately notify the City of Everett <br />in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding <br />another DBE to perform at least the same amount of work under the Contract as the DBE that was <br />terminated. <br />A. Continued Compliance <br />The City of Everett shall monitor the Contractor’s DBE compliance during the life of the Contract. In <br />the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor <br />to submit quarterly written reports to the City of Everett that summarize the total DBE value for <br />this Contract. These reports shall provide the following details: <br />• DBE utilization established for the Contract; <br />• Total value of expenditures with DBE firms for the quarter; <br />• The value of expenditures with each DBE firm for the quarter by race and gender;