3. If a separate contract goal has been established, Bidders/offerors are required to
document sufficient DBE participation to meet these goals or, alternatively, document
adequate good faith efforts to do so, as provided for in 49 CFR 26.53.
4, If no separate contract goal has been established, the successful bidder/offeror will
be required to report its DBE participation obtained through race-neutral means throughout
the period of performance.
5. 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 recipient. In addition, the contractor
may not hold retainage from its subcontractors or must return any retainage payments to
those subcontractors within 30 days after the subcontractor's work related to this contract is
satisfactorily completed or must return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor’s work by the recipient
and contractor’s receipt of the partial retainage payment related to the subcontractor’s
work.
6. The contractor must promptly notify the recipient 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 the recipient.
This affidavit must be on the form provided by NTS, which is enclosed with this bid
package
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms & Conditions required
by USDOT, whether or not expressly stated in the preceding contract provisions. All
USDOT-required contractual provisions, as stated in FTA Circular 4220.1F, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to 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 request that would cause the recipient to be in violation of
FTA terms and conditions.
