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35 <br /> (P)Disadvantaged Business Enterprise(DBE). Disadvantaged Business Enterprise. Contracts over <br /> $3,500 awarded on the basis of a bid or proposal offering to use DBEs. <br /> a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,Part 26, <br /> Participation by Disadvantaged Business Enterprises in Department of Transportation Financial <br /> Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises <br /> (DBE)is 10%. The recipient's overall goal for DBE participation is listed elsewhere. If a separate <br /> contract goal for DBE participation has been established for this procurement, it is listed elsewhere. <br /> b. The contractor shall not discriminate on the basis of race, color,religion,national origin or sex in the <br /> performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part <br /> 26 in the award and administration of this contract. Failure by the contractor to carry out these <br /> requirements is a material breach of this contract,which may result in the termination of this contract <br /> or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor <br /> signs with a subcontractor must include the assurance in this paragraph(see 49 CFR 26.13(b)). <br /> c. If a separate contract goal has been established,Bidders/offerors are required to document sufficient <br /> DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, <br /> as provided for in 49 CFR 26.53. <br /> d. If no separate contract goal has been established,the successful bidder/offeror will be required to <br /> report its DBE participation obtained through race-neutral means throughout the period of <br /> performance. <br /> e. The contractor is required to pay its subcontractors performing work related to this contract for <br /> satisfactory performance of that work no later than 30 days after the contractor's receipt of payment <br /> for that work from the recipient. In addition,the contractor may not hold retainage from its <br /> subcontractors or must return any retainage payments to those subcontractors within 30 days after the <br /> subcontractor's work related to this contract is satisfactorily completed or must return any retainage <br /> payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's <br /> work by the recipient and contractor's receipt of the partial retainage payment related to the <br /> subcontractor's work. <br /> f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work <br /> related to this contract is terminated or fails to complete its work, and must make good faith efforts to <br /> engage another DBE subcontractor to perform at least the same amount of work. The contractor may <br /> not terminate any DBE subcontractor and perform that work through its own forces or those of an <br /> affiliate without prior written consent of the recipient. <br /> (Q) Conflict of Interest. Contractor shall maintain written standards of conduct covering conflicts of <br /> interest and governing the actions of its employees engaged in the selection, award, and administration of <br /> contracts in conformance with 2 CFR 200.318(c). Contractor shall immediately disclose in writing to City <br /> any potential conflict of interest affecting the awarded funds in accordance with 2 CFR 200.112. The <br /> contractor shall comply with all applicable conflicts of interest laws including N.C.G.S. § 133-32 and 23 <br /> C.F.R. § 1.33. <br /> The contractor does hereby certify that it has not entered into and, during the lifetime of the contract,will <br /> not enter into any agreement with a third-party affording the contractor, or any subcontractors that they <br /> may hire,with any direct or indirect financial interest in the outcome of the project, except with regard to <br /> the project development,human and natural environmental and/or engineering services associated with <br /> this contract. <br /> (i) Pursuant to N.C.G.S. § 133-1,the contractor will not knowingly specify building materials, <br /> equipment, or other items that are manufactured, sold or distributed by any firm or corporation in <br /> which the designer has a financial interest. <br /> (ii) Pursuant to N.C.G.S. § 133-2,the contractor will not employ or allow manufacturers or their <br /> UGCCFF—Page 6 of 7 10.06.22-Cao <br />