DBE Subcontractors Clause Samples
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DBE Subcontractors. The DBE subcontractor shall assume actual and contractual responsibility for provision of materials and supplies, subcontracted work, or other commercially useful functions of the items of work subcontracted to them. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward the DBE goal only if the DBE’s subcontractor is also a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward the DBE goal. Cost of materials purchased from or the cost of equipment leased from the non-DBE Contractor will not count toward the project DBE commitment. Prior written approval must be obtained from the CRD-SBDP for any DBE use of the Contractor’s personnel or equipment. INFORMATION
DBE Subcontractors a. Upon Contractor’s receipt of the notice to proceed, Contractor shall (i) enter into written agreements with the DBE Subcontractors that are listed in its DBE Participation Schedule and (ii) give copies thereof to the DBE Program Office.
b. At times that the DBE Program Office establishes, Contractor must give to the DBE Program Office (i) copies of work schedules that show when each DBE Subcontractor will commence and complete services under its agreement with Contractor and (ii) reports on the status of each agreement between Contractor and each DBE Subcontractor and the actual payments that Contractor made to each DBE Subcontractor.
c. In the event that Contractor timely fails or refuses to pay a DBE Subcontractor that which the DBE Subcontractor would otherwise be entitled to receive from a payment that Contractor received from SEPTA, Contractor must notify the DBE Program Office in writing of the failure or refusal and explain with appropriate detail the justification for the failure or refusal to pay the DBE Subcontractor. Contractor must cooperate with any investigation that the DBE Program Office institutes over the failure or refusal to pay the DBE Subcontractor.
d. In the event that Contractor wishes to modify the DBE Participation Schedule that it submitted and that SEPTA approved, Contractor must request the modification through the DBE Program Office. Contractor must cooperate with the DBE Program Office in its review of the proposed modification. If the DBE Program Office approves a modification that includes the removal of a DBE Subcontractor, then Contractor must make a good faith effort to replace the former DBE Subcontractor with another DBE Subcontractor. In order for Contractor to apply the work or services of substituted the DBE Subcontractor towards the DBE goal, the substituted DBE Subcontractor must be certified by the DBE Program Office.
e. If a DBE Subcontractor is performing certain services and SEPTA orders additional such services, then Contractor must use the DBE Subcontractor to perform the additional services in accordance with the DBE goal.
DBE Subcontractors. In the event Manager identifies DBE subcontractors or suppliers for race-neutral DBE participation under the Agreement, Manager shall notify City by submitting "Request for Additional DBE Firm" to enable Manager to capture all race-neutral DBE participation. Manager shall also submit, for each DBE identified after contract execution, a written confirmation from the DBE acknowledging that it is participating in the contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation).
DBE Subcontractors of the dollar amount of the DBE's subcontract will be sublet to non-