2015-12-28-minutes-public-works-study-session

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August 19, 2015 reconsideration process is not administratively appealable to the Department of Transportation. .GQQ-d Faith Efforts procedures in situations when there are contract acals 26.53 We will include in each prime contract a provision stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains your written consent and That, unless our consent is provided , the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. We will require the contractor that is awarded the contract to make available upon request a copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an agreement with DBEs to supply labor or materials require that the subcontract and all lower tier subcontractors be performed in accordance with this part's provisions. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. We will require that a prime contractor not terminate a DBE subcontractor listed in response to paragraph (b)(2) of this section (or an approved substitute DBE firm) without our prior written consent This includes, but not limited to, instances in which a prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm. We will provide such written consent only if we agree, for reasons stated in our concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the following circumstances: The listed DBE subcontractor falls or refuses to execute a written contract; The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor; . The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, non-discriminatory bond requirements. MU4 —The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; Page 16 of 44 rvrm, - -, , : Lidex Let 13.7, No bulreb or numbering