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1993 Specifications <br /> <br /> SPECIAL PROVISION <br /> <br /> DISADVANTAGED BUSINESS ENTERPRISE <br /> IN FEDERAL-AID CONSTRUCTION <br /> <br />The purpose of this Special Provision is to carry out the U. S. Department of Transportation's <br />(DOT) policy of ensuring nondiscrimination in the award and administration of DOT assisted <br />contracts and creating a level playing field on which firms owned and controlled by minority or <br />socially and economically disadvantaged individuals can compete fairly for DOT assisted <br />contracts. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, <br />"Disadvantaged Business Enterprise in Federal-Aid Construction", of this Special Provision shall <br />apply to this contract. If there is no DBE goal, Article B, "Race-Neutral DBE Participation", of <br />this Sp.ecial Provision shall apply to this contract. The percentage goal for DBE participation for <br />the work to be performed under this contract is zero (0). <br /> <br />ARTICLE A. (Not Applicable) <br />ARTICLE B. Race-Neutral Disadvantage Business Enterprise Participation. <br /> <br />It is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CRF <br />Part 26 Subpart A, be given the opportunity to compete fairly for contracts and subcontracts <br />financed in whole or in part with Federal funds and that a maximum feasible portion of the <br />Department's overall DBE goal be met using race-neutral means. Consequently, if them is no <br />DBE goal, the DBE requirements of 49 CFR part 26, apply to this contract as follows: <br /> <br />The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to <br />compete fairly for contracts and subcontractors financed in whole or in part with Federal funds. <br />Race-neutral DBE participation on projects with no DBE goal should be reported on Form No. <br />SMS. 4903, "DBE or HUB Monthly Progress Report" and submitted to the Construction <br />Manager. Payments to DBEs reported on Form No. SMS. 4903 are subject to the requirements of <br />Article A, Subarticle 5, "Determination of DBE Participation". <br /> <br />The Contractor and any subcontractors shall not discriminate on the basis of race, color, national <br />origin or sex in the award and performance of contracts financed in whole or in part with Federal <br />funds. <br /> <br />These requirements shall be physically included in any subcontract. <br /> <br />Failure to carry out the requirements set forth above shall constitute a material broach of this <br />contract and, may result in termination of the contract by the Department or other such remedy <br />as the Department deems appropriate. <br /> <br /> 1-1 000---2458(M) <br /> 12-00 <br /> <br /> <br />