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July 29, 2016 <br />(2) The listed DBE subcontractor fails or refuses to perform the work of its <br />subcontract in a way consistent with normal industry standards. Provided <br />however, that good cause does not exist if the failure or refusal of the DBE <br />subcontractor to perform its work on the subcontract results from the bad faith <br />or discriminatory action of the prime contractor; <br />(3) The listed DBE subcontractor fails or refuses to meet the prime contractor's <br />reasonable, non-discriminatory bond requirements. <br />(4) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit <br />unworthiness; <br />(5) The listed DBE subcontractor is ineligible to work on public works projects <br />because of suspension and debarment proceedings pursuant to 2 CFR Parts <br />180, 215, and 1,200 or applicable state law; <br />(6) We have determined that the listed DBE subcontractor is not a responsible <br />contractor; <br />(7) The listed DBE subcontractor voluntarily withdraws from the project and <br />provides to us written notice of its withdrawal; <br />(8) The listed DBE is ineligible to receive DBE credit for the type of work <br />required; <br />(9) A DBE owner dies or becomes disabled with the result that the listed DBE <br />contractor is unable to complete its work on the contract; <br />(10) Other documented good cause that we have determined compels the <br />termination of the DBE subcontractor. Provided, that good cause does not <br />exist if the prime contractor seeks to terminate a DBE it relied upon to obtain <br />the contract so that the prime contractor can self -perform the work for which <br />the DBE contractor was engaged or so that the prime contractor can <br />substitute another DBE or non -DBE contractor after contract award. <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 business days to respond to the prime <br />contractor's notice and advise us and the contractor of the reasons, if any, why it <br />objects to the proposed termination of its subcontract and why we should not approve <br />the prime contractor's action. If required in a particular case as a matter of public <br />necessity (e.g., safety), we may provide a response period shorter than five business <br />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 Kittitas County will require a contractor to make good faith efforts to replace a DBE <br />that is terminated or has otherwise failed to complete its work on a contract with another <br />certified DBE. These good faith efforts shall be directed at finding another DBE to <br />perform at least the same amount of work under the contract as the DBE that was <br />17 <br />