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A12 DISADVANTAGED BUSINESS ENTERPRISE <br />A12.1 <br />49 CFR part 26 <br />A12.2 <br />SOURCE <br />APPLICABILITY <br />A sponsor that anticipates awarding $250,000 or more in AIP funded prime contracts in a federal fiscal <br />year must have an approved Disadvantaged Business Enterprise (DBE) program on file with the FAA <br />Office of Civil Rights(§ 26.21). The approved DBE program will identify a 3-year overall program goal <br />that the sponsor bases on the availability of ready, willing, and able DBEs relative to all businesses ready, <br />willing, and able to participate on the project(§ 26.45). <br />Contract Types -Sponsors with a DBE program on file with the FAA must include the three following <br />provisions, if applicable: <br />1) Clause in all solicitations for proposals for which a contract goal has been established, <br />2) Clause in each prime contract, and <br />3) Clause in solicitations that are obtaining DBE participation through race/gender neutral <br />means. <br />Use of Provision - <br />l. Solicitations with a DBE Project Goal -No mandatory language provided. 49 CFR §26.53 <br />requires a sponsor's solicitation to address what a contractor must submit on proposed DBE <br />participation. The language of A12.3.1 is acceptable to the FAA in meeting the intent of this <br />requirement. If the sponsor uses different language, the sponsor's revised language must <br />fully satisfy these requirements. The sponsor may require the contractor's submittal on <br />proposed DBE participation either at bid opening as a matter of responsiveness or within <br />five days of bid opening as a matter of responsibility. <br />2. Solicitations Relying on Race-gender Neutral Means -No mandatory language provided. The <br />language of Al2.3.2 is acceptable to the FAA in meeting the intent of this requirement. If <br />the sponsor uses different language, the sponsor's revised language must fully satisfy <br />requirements for a sponsor that is not applying a project specific contract goal but is <br />covered by a DBE program on file with the FAA. <br />3. Contracts Covered by DBE Program -MANDATORY TEXT PROVIDED . Sponsors must <br />incorporate this language if they have a DBE program on file with the FAA. This includes <br />projects where DBE participation is obtained through race-gender neutral means (i.e. no <br />project goal). Sections §26.13 and §26.29 establish mandatory language for contractor <br />assurance and prompt payment. The sponsor must not modify the language. <br />4. Sponsors that are not required to have a DBE program on file with the FAA are not required <br />to include DBE provisions and clauses. <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 38