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August 19, 2015 <br />Before transmitting to us its request to terminate and/or substitute a DBE subcontractor, <br />the prime contractor must give notice in writing to the DBE subcontractor, with a copy to <br />us, of its intent to request to terminate and/or substitute, and the reason for the request. <br />The prime contractor must give the DBE five days to respond to the prime contractor's <br />notice and advise us and the contractor of the reasons, if any, why it objects to the <br />proposed termination of its subcontract and why we should not approve the prime <br />contractor's action. If required in a particular case as a matter of public necessity (e.g., <br />safety), we may provide a response period shorter than five days. <br />In addition to post -award terminations, the provisions of this section apply to pre -award <br />deletions of or substitutions for DBE firms put forward by offerors in negotiated <br />procurements. <br />The County of Kittitas, WA will require a contractor to make good faith efforts to replace <br />a DBE that is terminated or has otherwise failed to complete its work on a contract with <br />another certified DBE. These good faith efforts shall be directed at finding another DBE <br />to perform at least the same amount of work under the contract as the DBE that was <br />terminated, to the extent needed to meet the contract goal that we established for the <br />procurement. The good faith efforts shall be documented by the contractor. If we <br />request documentation from the contractor under this provision, the contractor shall <br />submit the documentation to us within 7 days, which may be extended for an additional <br />7 days if necessary at the request of the contractor, and the recipient shall provide a <br />written determination to the contractor stating whether or not good faith efforts have <br />been demonstrated. <br />We will include in each prime contract the contract clause required by § 26.13(b) stating <br />that failure by the contractor to carry out the requirements of this part is a material <br />breach of the contract and may result in the termination of the contract or such other <br />remedies set forth in that section that we deem appropriate if the prime contractor fails <br />to comply with the requirements of this section. <br />If the contractor fails or refuses to comply in the time specified, our contracting office will <br />issue an order stopping all or part of payment/work until satisfactory action has been <br />taken. If the contractor still fails to comply, the contracting officer may issue a <br />termination for default proceeding. <br />Sample Bid Specification: <br />The requirements of 49 CFR Part 26, Regulations of the U.S. Department of <br />Transportation, apply to this contract. It is the policy of the County of Kittitas, WA <br />to practice nondiscrimination based on race, color, sex, or national origin in the <br />award or performance of this contract. All firms qualifying under this solicitation <br />are encouraged to submit bids/proposals. Award of this contract will be <br />conditioned upon satisfying the requirements of this bid specification. These <br />requirements apply to all bidders/offerors, including those who qualify as a DBE. <br />A DBE contract goal of 0 percent as determined in the goal calculation <br />Page 17 of 43 <br />