Common use of DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS Clause in Contracts

DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. MaineDOT has established an annual Disadvantaged Business Enterprise goal to be achieved through race neutral means. This goal shall adjust periodically and shall be provided by Supplemental Provision. Unless otherwise specifically provided in the Contract, there are no specific percentage requirements for use of DBEs for individual construction contracts. The Consultant shall comply with all provisions of this section regarding DBE participation and MaineDOT’s latest version of the Disadvantaged Business Enterprise Program Manual, said Manual being incorporated herein by reference. In the case of conflict between this Contract and said Manual, this Contract shall control. MaineDOT reserves the right to adjust DBE goals on a project-by-project basis by addendum. DBE Program Requirements Policy: It is MaineDOT’s policy that DBEs as defined in 49 CFR Part 26 revised 2014 and referenced in the Transportation Equity Act for 21st Century of 1998, as amended from the Surface Transportation Uniform Relocation Assistance Act of 1987, and the Intermodal Surface Transportation Efficiency Act of 1991. The intent hereto remains to provide the maximum opportunity for DBEs to participate in the performance of contracts financed in whole or in part with federal funds. MaineDOT and its Consultant shall not discriminate on the basis of race, color, national origin, ancestry, sex, age, sexual orientation or disability in the award and performance of DOT assisted contracts. Disadvantaged Business Enterprises are those so certified by the Maine Department of Transportation’s Civil Rights Office prior to bid opening date. Substitutions of DBEs: The following may be acceptable reasons for Civil Rights Office approval of such a change order: • The DBE defaults, voluntarily removes itself or is over-extended; • MaineDOT deletes portions of the work to be performed by the DBE. It is not intended that the ability to negotiate a more advantageous contract with another certified DBE be considered a valid basis for such a change in DBE utilization once the DBE has signed a contract. Any requests to alter the DBE commitment must be in writing to MaineDOT's Civil Rights Office. Failure to carry out terms of this Standard Specification shall be treated as a violation of this contract and shall result in contract sanctions which may affect the ability of the Consultant to obtain Department contracts. Copies of the Maine Department of Transportation’s DBE Program may be obtained from: Maine Department of Transportation Civil Rights Office #16 State House Station Augusta, Maine 00000-0000 Tel. (000) 000-0000 or from their website at: xxxx://xxx.xxxxx.xxx/mdot/civilrights/dbe.htm APPENDIX B - REQUIRED FEDERAL PROVISONS‌ FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FHWA - FEDERAL-AID CONSTRUCTION CONTRACTS‌ The most recent version of these clauses will apply.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. MaineDOT has established an annual Disadvantaged Business Enterprise goal to be achieved through race neutral means. This goal shall adjust periodically and shall be provided by Supplemental Provision. Unless otherwise specifically provided in the Contract, there are no specific percentage requirements for use of DBEs for individual construction contracts. The Consultant shall comply with all provisions of this section regarding DBE participation and MaineDOT’s latest version of the Disadvantaged Business Enterprise Program Manual, said Manual being incorporated herein by reference. In the case of conflict between this Contract and said Manual, this Contract shall control. MaineDOT reserves the right to adjust DBE goals on a project-by-project basis by addendum. DBE Program Requirements Policy: It is MaineDOT’s policy that DBEs as defined in 49 CFR Part 26 revised 2014 2014, and referenced in the Transportation Equity Act for 21st Century of 1998, as amended from the Surface Transportation Uniform Relocation Assistance Act of 1987, and the Intermodal Surface Transportation Efficiency Act of 1991. The intent hereto remains to provide the maximum opportunity for DBEs to participate in the performance of contracts financed in whole or in part with federal funds. MaineDOT and its Consultant shall not discriminate on the basis of race, color, national origin, ancestry, sex, age, sexual orientation or disability in the award and performance of DOT assisted contracts. Disadvantaged Business Enterprises are those so certified by the Maine Department of Transportation’s Civil Rights Office prior to bid opening date. Substitutions of DBEs: The following may be acceptable reasons for Civil Rights Office approval of such a change order: •  The DBE defaults, voluntarily removes itself or is over-extended; •  MaineDOT deletes portions of the work to be performed by the DBE. It is not intended that the ability to negotiate a more advantageous contract with another certified DBE be considered a valid basis for such a change in DBE utilization once the DBE has signed a contract. Any requests to alter the DBE commitment must be in writing to MaineDOT's Civil Rights Office. Failure to carry out terms of this Standard Specification shall be treated as a violation of this contract and shall result in contract sanctions which may affect the ability of the Consultant to obtain Department contracts. Copies of the Maine Department of Transportation’s DBE Program may be obtained from: Maine Department of Transportation Civil Rights Office #16 State House Station Augusta, Maine 00000-0000 Tel. (000) 000-0000 or from their website at: xxxx://xxx.xxxxx.xxx/mdot/civilrights/dbe.htm APPENDIX B - REQUIRED FEDERAL PROVISONS‌ PROVISONS FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FHWA - FEDERAL-AID CONSTRUCTION CONTRACTS‌ CONTRACTS The most recent version of these clauses will apply.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. MaineDOT PACTS has established an annual Disadvantaged Business Enterprise goal to be achieved through race neutral means. This goal shall adjust periodically and shall be provided by Supplemental Provision. Unless otherwise specifically provided in the Contract, there are no specific percentage requirements for use of DBEs for individual construction contracts. The Consultant shall comply with all provisions of this section regarding DBE participation and MaineDOT’s PACTS’ latest version of the Disadvantaged Business Enterprise Program Manual, said Manual being incorporated herein by reference. In the case of conflict between this Contract and said Manual, this Contract shall control. MaineDOT PACTS reserves the right to adjust DBE goals on a project-project- by-project basis by addendum. DBE Program Requirements Policy: It is MaineDOT’s PACTS’ policy that DBEs as defined in 49 CFR Part 26 revised 2014 2014, and referenced in the Transportation Equity Act for 21st Century of 1998, as amended from the Surface Transportation Uniform Relocation Assistance Act of 1987, and the Intermodal Surface Transportation Efficiency Act of 1991. The intent hereto remains to provide the maximum opportunity for DBEs to participate in the performance of contracts financed in whole or in part with federal funds. MaineDOT PACTS and its Consultant shall not discriminate on the basis of race, color, national origin, ancestry, sex, age, sexual orientation or disability in the award and performance of DOT assisted contracts. Disadvantaged Business Enterprises are those so certified by the Maine Department of Transportation’s Civil Rights Office prior to bid opening date. Substitutions of DBEs: The following may be acceptable reasons for Civil Rights Office approval of such a change order: •  The DBE defaults, voluntarily removes itself or is over-extended; • MaineDOT  PACTS deletes portions of the work to be performed by the DBE. It is not intended that the ability to negotiate a more advantageous contract with another certified DBE be considered a valid basis for such a change in DBE utilization once the DBE has signed a contract. Any requests to alter the DBE commitment must be in writing to MaineDOT's PACTS’ Civil Rights Office. Failure to carry out terms of this Standard Specification shall be treated as a violation of this contract and shall result in contract sanctions which may affect the ability of the Consultant to obtain Department contracts. Copies of the Maine Department of Transportation’s DBE Program may be obtained from: Maine Department of Transportation Civil Rights Office #16 State House Station Augusta, Maine 00000-0000 Tel. (000) 000-0000 or from their website at: xxxx://xxx.xxxxx.xxx/mdot/civilrights/dbe.htm APPENDIX B - REQUIRED FEDERAL PROVISONS‌ PROVISONS FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FHWA - FEDERAL-AID CONSTRUCTION CONTRACTS‌ CONTRACTS The most recent version of these clauses will apply.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS. MaineDOT has established an annual Disadvantaged Business Enterprise goal to be achieved through race neutral means. This goal shall adjust periodically and shall be provided by Supplemental Provision. Unless otherwise specifically provided in the Contract, there are no specific percentage requirements for use of DBEs for individual construction contracts. The Consultant shall comply with all provisions of this section regarding DBE participation and MaineDOT’s latest version of the Disadvantaged Business Enterprise Program Manual, said Manual being incorporated herein by reference. In the case of conflict between this Contract and said Manual, this Contract shall control. MaineDOT reserves the right to adjust DBE goals on a project-by-project basis by addendum. DBE Program Requirements Policy: It is MaineDOT’s policy that DBEs as defined in 49 CFR Part 26 revised 2014 2014, and referenced in the Transportation Equity Act for 21st Century of 1998, as amended from the Surface Transportation Uniform Relocation Assistance Act of 1987, and the Intermodal Surface Transportation Efficiency Act of 1991. The intent hereto remains to provide the maximum opportunity for DBEs to participate in the performance of contracts financed in whole or in part with federal funds. MaineDOT and its Consultant shall not discriminate on the basis of race, color, national origin, ancestry, sex, age, sexual orientation or disability in the award and performance of DOT assisted contracts. Disadvantaged Business Enterprises are those so certified by the Maine Department of Transportation’s Civil Rights Office prior to bid opening date. Substitutions of DBEs: The following may be acceptable reasons for Civil Rights Office approval of such a change order: • The DBE defaults, voluntarily removes itself or is over-extended; • MaineDOT deletes portions of the work to be performed by the DBE. It is not intended that the ability to negotiate a more advantageous contract with another certified DBE be considered a valid basis for such a change in DBE utilization once the DBE has signed a contract. Any requests to alter the DBE commitment must be in writing to MaineDOT's Civil Rights Office. Failure to carry out terms of this Standard Specification shall be treated as a violation of this contract and shall result in contract sanctions which may affect the ability of the Consultant to obtain Department contracts. Copies of the Maine Department of Transportation’s DBE Program may be obtained from: Maine Department of Transportation Civil Rights Office #16 State House Station Augusta, Maine 00000-0000 Tel. (000) 000-0000 or from their website at: xxxx://xxx.xxxxx.xxx/mdot/civilrights/dbe.htm APPENDIX B - REQUIRED FEDERAL PROVISONS‌ PROVISONS FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FHWA - FEDERAL-AID CONSTRUCTION CONTRACTS‌ CONTRACTS The most recent version of these clauses will apply.