SA
7/29/2013
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SPECIAL ATTENTION
Disadvantaged Business Enterprise (DBE)
Disadvantaged Business Enterprise (DBE) Policy. It shall be the policy of the New Hampshire
Department of Transportation (NHDOT) to ensure nondiscriminatory opportunity for Disadvantaged
Business Enterprises (DBE’s) to participate in the performance of all contracts and subcontracts financed
with Federal funds as specified by the regulations of the United States Department of Transportation
(USDOT), Federal Highway Administration and as set forth below.
1. Policy. It is the policy of the United States Department of Transportation to ensure nondiscriminatory
opportunity for disadvantaged business enterprises, as defined in 49 Code of Federal Regulation (CFR)
Part 26, to participate in the performance of contracts and subcontracts financed in whole or in part with
Federal funds. Consequently, the DBE requirements of 49 CFR Part 26 applies to this contract.
2. Disadvantaged Business Enterprise (DBE) Obligation. The State and its Contractor agree to ensure
nondiscriminatory opportunity for disadvantaged business enterprises, as defined in 49 CFR Part 26, to
participate in the performance of contracts and subcontracts financed in whole or in part with Federal!
funds. Prime Contractors and subcontractors who further sublet must include this assurance in
every subcontract: The Contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of this contract. The Contractor shall
carry oul applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
assisted contracts, Failure by any contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this Contract or such other remedy, as the NHDOT
deems appropriate.
3. Sanctions of Non-Compliance. The Contractor is hereby advised that failure of the Contractor, or
any Subcontractor performing work under this Contract, to carry out the requirements set forth in
paragraphs | and 2 above shall constitute a breach of contract and, after notification of the United States
Department of Transportation, may result in termination of this Contract or such remedy as the State
deems appropriate.
Overall Statewide DBE Goals. The NHDOT currently employs a race/gender neutral DBE policy to
attain its overall statewide DBE goals. This means that unless otherwise stated in the Contract, the
NHDOT relies on the voluntary cooperation of ail contractors to utilize DBE’s on every project, sufficient
to meet or exceed the current statewide DBE goal. Although the majority of statewide DBE goals are
currently voluntary, failure of the NHDOT to meet or exceed the overall statewide DBE goal as required
by the Federal Highway Administration (FHWA), could necessitate placement of mandatory DBE
participation requirements on all future statewide projects.
Disadvantaged Business Enterprise (DBE) Program Goals. The New Hampshire Department of
Transportation is required to set an overall DBE goal for participation in all transportation related
Federal-aid projects. The goal is determined following guidelines set forth in 49 CFR 26.45, and based on
the availability of ready, willing and able DBE’s who submitted bids for transportation related projects,
compared as a percentage of all available contractors who submitted bids for transportation related
projects during the same time period. The DBE goal may be adjusted to take into account other factors
impacting DBE utilization, in an effort to narrowly tailor the overall DBE goal. The detailed goal setting
methodology and current overall DBE goal may be viewed on the NHDOT website at www.oih gov/dot.
