Current Practices to Set and Monitor DBE Goals on Design-Build Projects and Other Alternative Project Delivery Methods (2015) / Chapter Skim
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Pages 90-102
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From page 90... ...
88 APPENDIX E Virginia Department of Transportation Special Provisions Pertaining to DBE Program for Design-Build VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR SECTION 107.15 FOR DESIGN-BUILD PROJECTS February 18, 2014 Section 107.15 of the Specifications is replaced by the following: Section 107.15 -- Use of Disadvantaged Business Enterprises (DBEs) for Design-Build Projects A
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89 All time frames referenced in this provision are expressed in business days unless otherwise indicated. Should the expiration of any deadline fall on a weekend or holiday, such deadline will automatically be extended to the next normal business day.
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90 (6) Design-Builder shall not unilaterally terminate, substitute for, or replace any DBE firm that was designated in the executed contract in whole or in part with another DBE, any non-DBE firm, or with the Design-Builder's own forces or those of an affiliate of the Design-Builder without the prior written consent of Department as set out within the requirements of this Special Provision.
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91 Good faith efforts may be determined through use of the following list of the types of actions the Design-Builder may make to obtain DBE participation. This is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive.
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92 F Documentation and Administrative Reconsideration of Good Faith Efforts Design-Builder must provide Form C-49, DBE Good Faith Efforts Documentation, of its efforts made to meet the DBE goal within the time frames specified in this provision.
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93 portion of the work that the DBE firm has performed with the DBE firm's own forces or in accordance with the provisions of this Section. The Department shall be contacted in advance regarding any joint venture involving both a DBE firm and a non-DBE firm to coordinate Department review and approval of the joint venture's organizational structure and proposed operation where the Design-Builder seeks to claim the goal credit.
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94 Design-Builder supplies and equipment a DBE subcontractor purchases or leases from the Design-Builder or its affiliates.
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95 Department Makes Final Determination on Whether a CUF Is Performed: Department has the final authority to determine, in its sole discretion, whether a DBE firm has performed a CUF on the contract. To determine whether a DBE is performing or has performed a CUF, Department will evaluate the amount of work subcontracted by that DBE firm or performed by other firms and the extent of the involvement of other firms' forces and equipment.
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96 If the Design-Builder fails to correctly complete any of the required documentation requested by this Special Provision within the specified time frames, the Department will withhold payment until such time as the required submissions are received by Department. Where such failures to provide required submittals or documentation are repeated, Department will move to enjoin the Design-Builder and any prime contractual affiliates, as in the case of a joint venture, from bidding on, responding to, or participating in Department projects until such submissions are received.
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97 By accepting and executing this contract, the Design-Builder agrees to assume these obligations and to bind the Design-Builder's subcontractors contractually to these obligations. Nothing contained herein shall preclude Design-Builder from withholding payment to the subcontractor in accordance with the terms of the subcontract in order to protect the Design-Builder from loss or cost of damage due to a breach of the subcontract by the subcontractor.
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98 h. The total dollar amount remaining to be paid to the DBE firm for work completed for which the DBE firm has not received payment and with which the Design-Builder has no dispute.
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99 (4) The DBE trucking firm may lease trucks from another DBE firm, including from an owner-operator who is a DBE firm.
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100 N Suspect Evidence of Criminal Behavior Failure of Design-Builder or any subcontractor to comply with the Standard Specifications, this Special Provision, or any other contract document wherein there appears to be evidence of criminal conduct shall be referred to the Attorney General for the Commonwealth of Virginia and/or the FHWA Inspector General for criminal investigation and, if warranted, prosecution.
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