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August 19, 2013 <br />WIL 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 />(-O)fM _We have determined that the listed DBE subcontractor is not a <br />responsible contractor; <br />The listed DBE subcontractor voluntarily withdraws from the project and <br />provides to us written notice of its withdrawal; <br />"&LThe listed DBE is Ineligible to receive DBE credit for the type of work <br />required; <br />{44'qJK—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 />(2)LID10ther 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 andfor 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 />contractors 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 fire days. <br />In addition to post -award terminations, the provisions of this section apply to pre -award <br />deletions of or substitutions for DBE furls put forward by offerors in negotiated <br />procurements. <br />The will require a contractor to make good faith <br />efforts to replace a QBE that Is terminated or has otherwise failed to complete its work <br />on a contract with another certified DBE. These good faith efforts shall be directed at <br />finding another DBE to perform at least the some amount of work under the contract as <br />the DBE that was terminated, to the extent needed to meet the contract goal that we <br />established for the procurement. The good faith efforts shall be documented by the <br />contractor. If we request documentation from the contractor under this provision, the <br />contractor shall submit the documentation to us within 7 days, which may be extended <br />for an addfional 7 days if necessary at the request of the contractor, and the recipient <br />shelf provide a written determination to the contractor stating whether or not good faith <br />efforts have 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 />Page 17 of 44 <br />