Common use of Separation of Functions Clause in Contracts

Separation of Functions. You must ensure that the decision in a pro- ceeding to remove a firm’s eligibility is made by an office and personnel that did not take part in actions leading to or seeking to implement the proposal to remove the firm’s eligibility and are not subject, with respect to the matter, to direction from the office or per- sonnel who did take part in these ac- tions. (1) Your method of implementing this requirement must be made part of your DBE program. (2) The decisionmaker must be an in- dividual who is knowledgeable about the certification requirements of your DBE program and this part. (3) Before a UCP is operational in its state, a small airport or small transit authority (i.e., an airport or transit au- thority serving an area with less than 250,000 population) is required to meet this requirement only to the extent feasible.