3. ‘The Contractor also agrees to include these requirements in cach subcontract financed in
whole or in part with Federal assistance provided by FTA. modified only if necessary to
identify the affected parties.
Disadvantaged Business Enterprise(DBE)
49 CFR Part 26
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. Nashua Transit
System, overall goal for DBE participation is 1.4 %. A separate contract goal has not been established for
this procurement.
The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT-assisted contract. Failure by the 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 Nashua Transit System. deems appropriate. Each subcontract the contractor signs with a subcontractor
must include the assurance in this paragraph (see 49 CFR 26. 13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance.
dd.
The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor’s receipt of payment for that work from
the Nashua Transit System. In addition, the contractor may not hold retainage from its subcontractors and
is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's
work related to this contract is satisfactorily completed and is required to return any retainage payments to
those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the
Nashua Transit System, and contractor’s receipt of the partial retainage payment related to the
subcontractor’s work.
The contractor must promptly notify Nashua Transit System, whenever a DBE subcontractor performing
work related to this contract is terminated or fails to complete its work, and must make good faith efforts to
engage another DBE subcontractor to perform at least the same amount of work. The contractor may not
terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of Nashua Transit System.
Incorporation of Federal Transit Administration (FTA) Terms
FTA Circular 4220.1F
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT. as set forth in FTA Circular 4220.1F are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed ty control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall
not perform any act. fail to perform any act. or refuse to comply with any (name of grantee) requests which would
cause (name of grantee) to be in violation of the FTA terms and conditions.
