Common use of To ensure that the Contractor Clause in Contracts

To ensure that the Contractor. meets its M/WBE contractual commitment, BDDD will review the Contractor's M/WBE utilization throughout the term of the Contract, including any term extensions from the original Contract period. The M/WBE commitment is determined by the total M/WBE utilization in relation to the total dollar value of contract as paid to the Prime Contractor. If a Contract includes an M/WBE contractual commitment, the Contractor must report all M/WBE payments using the Airport Board’s Diversity Management System and submit verifying information as outlined below, concurrent with the Contractor’s submission of each payment request. The information provided will be utilized to provide constant monitoring of the payments made to the M/WBE as well as non- M/WBE subcontractors in relation to the percentage of work performed. Failure to submit this information with the payment request will result in the invoice being returned to the Contractor. The Prime Contractor can be determined to be non-compliant, if utilization commitments to individual M/WBE subcontractors are not achieved, even if the total M/WBE contractual commitment is being met by disproportionate M/WBE subcontractor utilization not originally listed by the Prime Contractor’s Final Schedule of Subcontractors and Intent to Perform as a Subcontractor forms without a sufficient modified Good Faith Effort justification.