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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP38 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />5. The DBE is ineligible to work on public works projects because of 1 <br />suspension and debarment proceedings pursuant to federal law or 2 <br />applicable State law. 3 <br /> 4 <br />6. The DBE is ineligible to receive DBE credit for the type of work involved. 5 <br /> 6 <br />7. The DBE voluntarily withdraws from the project and provides written notice 7 <br />of its withdrawal. 8 <br /> 9 <br />8. The DBE’s work is deemed unsatisfactory by the Engineer and not in 10 <br />compliance with the Contract. 11 <br /> 12 <br />9. The DBE’s owner dies or becomes disabled with the result that the DBE is 13 <br />unable to complete its Work on the Contract. 14 <br /> 15 <br />Good cause does not exist if: 16 <br /> 17 <br />1. The Contractor seeks to terminate a COA DBE so that the Contractor can 18 <br />self-perform the Work. 19 <br /> 20 <br />2. The Contractor seeks to terminate a COA DBE so the Contractor can 21 <br />substitute another DBE contractor or non-DBE contractor after Contract 22 <br />Award. 23 <br /> 24 <br />3. The failure or refusal of the COA DBE to perform its Work on the subcontract 25 <br />results from the bad faith or discriminatory action of the Contractor (e.g., 26 <br />the failure of the Contractor to make timely payments or the unnecessary 27 <br />placing of obstacles in the path of the DBE’s Work). 28 <br /> 29 <br />Decertification 30 <br />When a DBE is “decertified” from the DBE program during the course of the Contract, 31 <br />the participation of that DBE shall continue to count as DBE participation as long as 32 <br />the subcontract with the DBE was executed prior to the decertification notice. The 33 <br />Contractor is obligated to substitute when a DBE does not have an executed 34 <br />subcontract agreement at the time of decertification. 35 <br /> 36 <br />Good Faith Effort (GFE) Documentation 37 <br />GFE Documentation is required and will be evaluated whenever the Contractor is unable 38 <br />to fulfill the program requirement. This evaluation may need to be repeated when: 39 <br /> 40 <br />1. Determining award of a Contract that has COA goal, 41 <br /> 42 <br />2. When a COA DBE is terminated and substitution is required, and 43 <br /> 44 <br />3. Prior to Physical Completion when determining whether the Contractor has 45 <br />satisfied its DBE commitments. 46 <br /> 47 <br />49 CFR Part 26, Appendix A is intended as general guidance and does not, in itself, 48 <br />demonstrate adequate good faith efforts. The following is a list of types of actions, which 49 <br />would be considered as part of the Bidder’s GFE Documentation to achieve DBE 50 <br />participation. It is not intended to be a mandatory checklist, nor is it intended to be 51