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2004 Specifications <br />SPECIAL PROVISION <br />000---461 <br />Disadvantaged Business Enterprise in Federal-Aid Construction <br />1. Description. The purpose of this Special Provision is to carry out the U. S. Department of <br />Transportation's (DOT) policy of ensuring nondiscrimination in the award and <br />administration of DOT assisted contracts and creating a level playing field on which firms <br />owned and controlled by individuals who are determined to be socially and economically <br />disadvantaged can compete fairly for DOT assisted contracts. If the Disadvantaged <br />Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business <br />Enterprise in Federal-Aid Construction", of this Special Provision shall apply to this <br />contract. If there is no DBE goal, Article B, "Race-Neutral DBE Participation", of this <br />Special Provision shall apply to this contract. The percentage goal for DBE participation in <br />the work to be performed under this contract will be shown on the proposal. <br />A. Article A. Disadvantaged Business Enterprise in Federal-Aid Construction. <br />1. Policy. It is the policy of the DOT and the Texas Department of Transportation <br />(henceforth the "Department") that DBEs, as defined in 49 CFR Part 26, Subpart <br />A and the Department's DBE Program, shall have the opportunity to participate in <br />the performance of contracts financed in whole or in part with Federal funds. The <br />DBE requirements of 49 CFR Part 26, and the Department's DBE Program, apply <br />to this contract as follows: <br />a. The Contractor will solicit DBEs through reasonable and available means, as <br />defined in 49 CFR Part 26, Appendix A and the Department's DBE Program, <br />or show a good faith effort to meet the DBE goal for this contract. <br />b. The Contractor, subrecipient or subcontractor shall not discriminate on the <br />basis of race, color, national origin, or sex in the performance of this contract. <br />The contractor shall carry out applicable requirements of 49 CFR Part 26 in <br />the award and administration ofDOT-assisted contracts. Failure by the <br />contractor to carry out these requirements is a material breach of this contract, <br />which may result in the termination of this contract or such other remedy as <br />the recipient deems appropriate. <br />c. The requirements of this Special Provision shall be physically included in any <br />subcontract. <br />d. By signing the contract proposal, the Bidder is certifying that the DBE goal as <br />stated in the proposal will be met by obtaining commitments from eligible <br />DBEs or that the Bidder will provide acceptable evidence of good faith effort <br />to meet the commitment. The Department will determine the adequacy of a <br />Contractor's efforts to meet the contract goal, within 10 business days, <br />1- I 1 000---461 <br />02-06 <br /> <br />