S Grant - NC Department of Transportation FY09-5311 CT Grant Program

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d. Minority and Women Business Enterprise (MBE/WBE). (1) Policy. It is the policy of the North Carolina Department of Transportation that Minority Business Enterprises and Women Business Enterprises (MBE/WBEs) as defined in GS 936-28.4 shall have the equal opportunity to compete fairly for and to participate in the performance of contracts financed by State Funds. The Firm is also encouraged to give every opportunity to allow MBE/WBE participation in Supplemental Agreements. (2) Obligation. The Firm, subconsultant, and subfirm shall not discriminate on the basis of race, religion, color, creed, national origin, sex, handicapping condition or age in the performance of this contract. The Firm shall comply with applicable requirements of GS 136-28.4 in the award and administration of federally assisted contracts. Failure by the Firm to comply with these requirements is a material breach of this contract, which will result in the termination of this contract or such other remedy, as the Department deems necessary. (3) Goals. Even though specific MBE/WBE goals are not established for this project, the Department encourages -the Firm to have participation from MBE/WBE contractors and/or suppliers. (4) Listing of MBE/WBE Subcontractors. The firm, at the time the Letter of Interest is submitted, shall submit a listing of all known MBE/WBE firms that will participate in the performance of the identified work. The participation shall be submitted on the Department's Form RS-2. In the event the firm has no MBE/WBE participation, the firm shall indicate this on the Form RS-2 by entering the word `None' or the number `zero' and the form shall be signed. Form RS-2 may be accessed on the website at https://apps.dot.state.nc.us/guickfind/forms/Default.aspx. (5) Certified Transportation Firms Directory. Real-time information about firms doing business with the Department and firms that are certified through North Carolina's Unified Certification Program is available in the Directory of Transportation Firms. The Directory can be accessed by the link on the Department's homepage or by entering https://apps.dot.state.nc.us/vendor/directory in the address bar of your web browser. Only firms identified as MBE/WBE certified in the Directory shall be listed in the proposal. The listing of an individual firm in the Department's directory shall not be construed as an endorsement of the firm's capability to perform certain work. (6) Reporting MBE/V1/BE Enterprise Participation. When payments are made to MBE/WBE firms, including material suppliers, firms at all levels (Firm, subconsultant or subfirm) shall provide the Contract Administrator. with an accounting of said payments. The accounting shall be listed on the Department's Subcontractor Payment Information Form (Form DBE-IS). In the event the firm has no MBE/WBE participation, the firm shall indicate this on the Form DBE-IS by entering the word `None' or the number 'zero' and the form shall be signed. Form DBE-IS may be accessed on the website at https://apps.dot.state.nc.us/guickfind/forms/Defau It.aspx. A responsible fiscal officer of the payee Firm, subconsultant or subfirm who can attest to the date and amounts of the payments shall certify that the accounting is correct. A copy of an acceptable report may be obtained from the Department of Transportation. This information shall be submitted as part of the requests for payments made to the Department. g. Access for Individuals with Disabilities. The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals. and individuals with disabilities have the same right as other individuals to use public transportation NCDOT/PTD/FM Revised 8/4/2008 Page 12 of 28