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2025 FEDERAL OVERLAY, BROADWAY – CALIFORNIA ST TO 18TH ST SPECIAL PROVISIONS <br />FEDERAL AID# STBGUL-2715(012); COE PW# 3841 SP-38 May 6, 2025 <br /> <br />3. The DBE fails or refuses to meet the Contractor’s reasonable 1 <br />nondiscriminatory bond requirements. 2 <br /> 3 <br />4. The DBE becomes bankrupt, insolvent, or exhibits credit unworthiness. 4 <br /> 5 <br />5. The DBE is ineligible to work on public works projects because of 6 <br />suspension and debarment proceedings pursuant to federal law or 7 <br />applicable State law. 8 <br /> 9 <br />6. The DBE is ineligible to receive DBE credit for the type of work involved. 10 <br /> 11 <br />7. The DBE voluntarily withdraws from the project and provides written notice 12 <br />of its withdrawal. 13 <br /> 14 <br />8. The DBE’s work is deemed unsatisfactory by the Engineer and not in 15 <br />compliance with the Contract. 16 <br /> 17 <br />9. The DBE’s owner dies or becomes disabled with the result that the DBE is 18 <br />unable to complete its Work on the Contract. 19 <br /> 20 <br />Good cause does not exist if: 21 <br /> 22 <br />1. The Contractor seeks to terminate a COA DBE so that the Contractor can 23 <br />self-perform the Work. 24 <br /> 25 <br />2. The Contractor seeks to terminate a COA DBE so the Contractor can 26 <br />substitute another DBE contractor or non-DBE contractor after Contract 27 <br />Award. 28 <br /> 29 <br />3. The failure or refusal of the COA DBE to perform its Work on the subcontract 30 <br />results from the bad faith or discriminatory action of the Contractor (e.g., 31 <br />the failure of the Contractor to make timely payments or the unnecessary 32 <br />placing of obstacles in the path of the DBE’s Work). 33 <br /> 34 <br />Decertification 35 <br />When a DBE is “decertified” from the DBE program during the course of the Contract, 36 <br />the participation of that DBE shall continue to count as DBE participation as long as 37 <br />the subcontract with the DBE was executed prior to the decertification notice. The 38 <br />Contractor is obligated to substitute when a DBE does not have an executed 39 <br />subcontract agreement at the time of decertification. 40 <br /> 41 <br />Good Faith Effort (GFE) Documentation 42 <br />GFE Documentation is required and will be evaluated whenever the Contractor is unable 43 <br />to fulfill the program requirement. This evaluation may need to be repeated when: 44 <br /> 45 <br />1. Determining award of a Contract that has COA goal, 46 <br /> 47 <br />2. When a COA DBE is terminated and substitution is required, and 48 <br /> 49 <br />3. Prior to Physical Completion when determining whether the Contractor has 50 <br />satisfied its DBE commitments. 51 <br /> 52