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1 • A DBE owner dies or becomes disabled with the result that <br /> 2 the listed DBE is unable to complete its work on the contract. <br /> 3 <br /> 4 Good cause does not exist if: <br /> 5 <br /> 6 • The Prime Contractor seeks to terminate a COA DBE so that <br /> 7 the Prime can self-perform the Work. <br /> 8 <br /> 9 • The Prime Contractor seeks to terminate a COA DBE so the <br /> 10 Prime Contractor can substitute another DBE or non-DBE <br /> 11 after contract award. <br /> 12 <br /> 13 • The failure or refusal of the DBE Subcontractor to perform its <br /> 14 work on the subcontract results from the bad faith or <br /> 15 discriminatory action of the Prime Contractor (e.g., the failure <br /> 16 of the Prime Contractor to make timely payments or the <br /> 17 unnecessary placing of obstacles in the path of the DBE's <br /> 18 Work). <br /> 19 <br /> 20 Prior to requesting termination, the Prime Contractor must give notice in <br /> 21 writing to the DBE Subcontractor with a copy to the Contracting Agency of <br /> 22 its intent to request to terminate DBE work and the reasons for doing so. <br /> 23 The DBE Subcontractor shall have five (5) days to respond to the prime <br /> 24 Contractor's notice. The DBE's response shall either support the <br /> 25 termination or advise the Contracting Agency and the Prime Contractor of <br /> 26 the reasons it objects to the termination of its subcontract. <br /> 27 <br /> 28 When a COA DBE firm is "terminated" from a Contract (or fails to <br /> 29 complete its Subcontract for any reason), the Prime Contractor shall make <br /> 30 every good faith effort to substitute another DBE Firm (ref.to 49 CFR <br /> 31 26.53(g)). <br /> 32 <br /> 33 Graduation <br /> 34 When a DBE firm "graduates" from the DBE program (during the course of <br /> 35 an executed subcontract), the DBE participation of that firm "may" <br /> 36 continue to count towards the contract DBE goal. <br /> 37 <br /> 38 Decertification <br /> 39 When a COA DBE firm who has a signed subcontract in place with a <br /> 40 Prime, later becomes "decertified" (during the course of that subcontract) <br /> 41 — the DBE participation of that firm "may" continue to count towards the <br /> 42 Contract DBE goal. <br /> 43 <br /> 44 Counting payments <br /> 45 Payments to a DBE firm will count toward DBE goals only if the <br /> 46 participation is in accordance with these specifications. <br /> 47 <br /> 48 Prompt Payment <br /> 49 Prompt payment to all Subcontractors shall be in accordance with Section <br /> 50 1-08.1(1) of these Contract special provisions. <br /> HAWTHORNE ELEMENTARY <br /> SAFE ROUTES TO SCHOOL <br /> FED AID#SRTS-0420(021);COE#3540 SP-48 March 16, 2016 <br />