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DISADVANTAGED BUSINESS ENTERPRISE (POC AND MUNICIPALITIESI: <br />(10.16-07)(Rev 10-20-09) SP1G62 <br />Policy <br />It is the policy of the North Carolina Department of Transportation that Disadvantaged Business <br />Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the equal opportunity to compete <br />fairly for .and to participate in the performance of contracts financed in whole or in part by <br />Federal Funds. <br />Obligation <br />The Contractor, subcontractor, and sub-recipient shall not discriminate on the basis of race, <br />religion, color, national origin, age, disability or sex in the performance of this ~ contract. The <br />Contractor shall comply with applicable requirements of 49 CFR Part 26 in the award and <br />administration of federally assisted contracts. Failure by the Contractor to comply with these <br />requirements is a material breach of this contract, which may result in the termination of this <br />contract or such other remedy, as the Department deems necessary. <br />DeSnitions <br />Commitment -The approved DBE participation submitted by the prime contractor doting the <br />bidding process. <br />Committed DBE -Any DBE listed on the DBE commitment list approved by the Department at <br />the time of bid submission or any DBE utilized as a replacement for a DBE firm listed on the <br />commitment list. <br />Department -North Carolina Department of Transportation <br />Municipality -The entity letting the contract, when this provision refers to the Department or <br />DOT, it shall mean municipality, if applicable. <br />Disadvantaged Business Enterprise (DBE) - A firm certified as a Disadvantage Business <br />Enterprise through the North Carolina Unified Certification Program <br />Goal -The DBE participation specified herein <br />Letter of Intent -Written documentation of the bidder/offeror's commitment to use a DBE <br />subcontractor and confirmation from the DBE that it is participating in the contract. <br />Manufacturer - A firm that operates or maintains a factory or establishment that produces on the <br />premises the materials or supplies obtained by the Contractor. <br />Regular Dealer - A firm that .owns, operates,. or maintains a store, warehouse, or other <br />establishment in which the materials or supplies required for the performance of the contract are <br />bought, kept in stock, and regularly sold to the public in the usual course of business. A regular <br />