DBE Goal Assurances
DBE Goal Assurances
Throughout the duration of the project, the district will monitor the overall project’s DBE goal and the individual conscious committed dollar amounts. If the prime contractor is not meeting the overall DBE goal and individual commitment requirements, a Good Faith Effort must be submitted by the prime contractor. The district must coordinate with the assigned CIV Compliance Analyst prior to project acceptance. Per the
, failure by the prime contractor to carry out the DBE requirements is a material breach of the contract which may result in termination of the contract or other remedies the department deems appropriate. These remedies may include the following:
- issuing a letter or reprimand to the prime contractor
- withholding all or a percentage of the monthly estimate payment
- liquidated damages
- default for breach of contract
All extreme cases of noncompliance or a prime or subcontractor’s repeated failure to comply with the DBE requirements, will be escalated to the appropriate department authority to enforce the following contractual remedies:
- assessing sanctions
- decrease the prime contractor's bidding capacity on future contracts, for a period specified by the Department
- For DBE subcontractors pause the issuance of any additional or new work on existing contracts pending the outcome of a review by CIV
- For Non-DBE subcontractors utilizing DBEs, suspension for a period of time specified by the Department for additional work or future projects.
- disqualifying the contractor from future bidding as non-responsible