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if known, would have resulted in a denial of the request for an excusable delay. Notwithstanding the
above, the Agency will not rescind or shorten any extension previously granted if the Contractor
acted in reliance upon the granting of such extension and such extension was based on information
that, although later found to have been erroneous, was submitted in good faith by the Contractor.
No extension or adjustment of time shall be granted unless: (1) written notice of the delay is filed
with the Agency within fourteen (14) calendar days after the commencement of the delay and (2) a
written application therefore, stating in reasonable detail the causes, the effect to date and the
probable future effect on the performance of the Contractor under the Contract, and the portion or
portions of the Work affected, is filed by the Contractor with the Agency within thirty (30) calendar
days after the commencement of the delay. No such extension or adjustment shall be deemed a
waiver of the rights of either party under this Contract. The Agency shall make its determination
within thirty (30) calendar days after receipt of the application.
DISADVANTAGED BUSINESS ENTERPRISE
The Federal Fiscal Year goal has been set by NTS in an attempt to match projected procurements
with available qualified disadvantaged businesses. NTS goals for budgeted service contracts, bus
parts, and other material and supplies for Disadvantaged Business Enterprises have been
established by NTS as set forth by the Department of Transportation Regulations 49 CFR Part 26.
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26Participation 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 goai for DBE participation is 1.4 %, A separate
contract goal has not been established for this procurement.
The contractor must never exclude any person from participation in, deny any person the benefits of,
or otherwise discriminate against anyone in connection with the award and performance of any
contract covered by this part on the basis of race, color, sex, or national origin. 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.
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.
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