Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Sebastian. The prime contractor agrees further to return retainage payments to each subcontractor within [specify the same number as above] days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City of Sebastian. This clause applies to both DBE and non-DBE subcontractors.
REQUIREMENTS OF 49 CFR Part 26, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
A. POLICY. It is the policy of the Department of Transportation that disadvantage business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the Disadvantage Business Enterprise (DBE) requirements of 49 CFR Part 26 apply to this contract.
B. DBE OBLIGATION. The Bidder agrees to ensure that disadvantage business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all Bidders shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantage business enterprises have the maximum opportunity to compete for and perform contracts. Bidders shall not discriminate on the basis of race, color, national origin, or sex in the award of and performance of DOT assisted contracts.
C. A Bidder may count toward its DBE goals 60 percent of its expenditures for materials and supplies required under a contract and obtained from a DBE and 100 percent of such expenditures to a DBE manufacturer.
Minimum Disadvantage Business Enterprise goals for this project are: