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49 CFR Part 26 Revised: February 12, 2019 The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise us and the contractor,of the reasons, if any, why it objects to the proposed termination of its subcontract and why we should not approve the prime contractor's action. lf required in a particular case as a matter of public necessity (e.9., safetV), we may provide a response period shorter than five days. ln addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put fonrvard by offerors in negotiated procurements. Kittitas County will require a contractor to make good faith efforts to replace a DBE that is terminated or has othenryise failed to complete its work on a contract with another certified DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal that we established for the procurement. The good faith efforts shall be documented by the contractor. lf we request documentation from the contractor under this provision, the contractor shall submit the documentation to us within 7 days, which may be extended for an additional 7 days if necessary at the request of the contractor, and the recipient shall provide a written determination to the contractor stating whether or not good faith efforts have been demonstrated. We will include in each prime contractthe contract clause required by $ 26.13(b) stating that failure by the contractor to carry out the requirements of this part is a material breach of the contract and may result in the termination of the contract or such other remedies set forth in that section that we deem appropriate if the prime contractor fails to comply with the requirements of this section. lf the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of paymenUwork until satisfactory action has been taken. lf the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Bid Soe cification: The requirements of 49 CFR Part. 26, Regulations of the U.S. Department of Transportation, apply to this contract. lt is the policy of Kittitas County to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 7.8 percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (attachment 1), to meet the contract goal for DBE participation in the performance of this contract. 1B