1992-11-01-R - Laserfiche WebLink

Home Browse Search

• GENERAL REQUIREMENTS FOR RECIPIENTS AND SUBRECIPIENTS CONCERNING MINORITY BUSINESS ENTERPRISES It is the policy of the Department of Transportation that minori- ty business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of con- tracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. This recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maxi- mum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise af- firmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notifi- cation to the recipient of its failure to carry out the approved program the Department shall impose such sanctions as noted in 49 CFR Part 23 , Subpart E, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each subrecipient , contractor or subcontractor that failure to carry out the requirements set forth in Subsection 23 . 43 (a) shall constitute a breach of con- tract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub-recipient, " and the term "contractor" modified to include "subcontractor" . )