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ORANGE COUNTY, NC <br />RFP No. 367-OC5430 <br />Design & Engineering Services - <br />Electric Vehicle Charging Stations <br />Grant Project <br />(10) Remedies for failure to comply with applicable Federal Civil Rights laws and Federal <br />regulations may be enforced as provided in those Federal laws or Federal regulations. <br />8 Contracting with Disadvantaged Business Enterprises <br />The newest version on the Department of Transportation’s Disadvantaged Business Enterprise <br />(DBE) program became effective October 1, 2004. <br />a. This contract is subject to the requirements of U.S. DOT regulations, “Participation by <br />Disadvantaged Business Enterprises in Department of Transportation Financial Assistance <br />Programs,” 49 C.F.R. Part 26 [U.S. DOT published final rule, “Disadvantaged Business Enterprise: <br />Program Improvements,” 49 C.F.R. Part 26, on January 28, 2011 (see 76 Fed. Reg. 5083)], and <br />Section 1101(b) of MAP-21, 23 U.S.C. § 101 note, as amended by Section 451 of the Hiring <br />Incentives to Restore Employment (HIRE) Act, Pub. L. 111-147, March 18, 2010, 23 U.S.C. § 101 <br />note. <br />The NC Department of Transportation/Public Transportation Division’s overall goal for DBE <br />participation is 4.31%. <br />b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the <br />performance of this contract. The contractor shall carry out applicable requirements of 49 CFR <br />Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to <br />carry out these requirements is a material breach of this contract, which may result in the <br />termination of this contract or such other remedy as the Procuring Agency deems appropriate. <br />Each subcontract the contractor signs with a subcontractor must include the assurance in this <br />paragraph (see 49 CFR 26.13(b)). <br />The successful bidder/offeror will be required to report its DBE participation obtained through race- <br />neutral means throughout the period of performance. <br />c. 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 <br />payment for that work from the Procuring Agency. In addition, these may apply: <br />the contractor may not hold retainage from its subcontractors; or <br />is required to return any retainage payments to those subcontractors within 30 days <br />after the subcontractor's work related to this contract is satisfactorily completed; or <br />is required to return any retainage payments to those subcontractors within 30 days <br />after incremental acceptance of the subcontractor’s work by the Procuring Agency <br />and contractor’s receipt of the partial retainage payment related to the <br />subcontractor’s work. <br />d. The contractor must promptly notify the Procuring Agency whenever a DBE subcontractor <br />performing work related to this contract is terminated or fails to complete its work, and must make <br />good faith efforts to engage another DBE subcontractor to perform at least the same amount of <br />work. The contractor may not terminate any DBE subcontractor and perform that work through its <br />own forces or those of an affiliate without prior written consent of the Procuring Agency. <br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629