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Attachment D <br />Required Contract Provisions Related to Disadvantaged Business Enterprise (DBE) Efforts <br />Borrowers and their prime contractors must follow, document, and maintain documentation <br />of their good faith efforts to ensure that Disadvantage Business Enterprises (DBEs) have the <br />opportunity to participate in the project by increasing DBE awareness of procurement efforts <br />and ,gutreach. <br />1. Ensure DBEs are made aware of contracting opportunities to the fullest extent <br />practicable through outreach and recruitment activities; including placing DBEs on <br />solicitation lists and soliciting them whenever they are potential sources. <br />2. Make information on forthcoming opportunities available to DBEs and arrange time <br />frames for contracts and establish delivery schedules, where the requirements permit, in <br />a way that encourages and facilitates participation by DBEs in the competitive process. <br />This includes, whenever possible, posting solicitation for bids or proposals for a <br />minimum of 30 calendar days before the bid or proposal closing date. <br />3. Consider in the contracting process whether firms competing for large contracts could <br />be subcontracted with DBEs. This will include dividing total requirements when <br />economically feasible into smaller tasks or quantities to permit maximum participation <br />by DBEs in the competitive process. <br />4. Encourage contracting with a consortium of DBEs when a contract is too large for one <br />of these firms to handle individually. <br />5. Use the services and assistance of the Small Business Administration and the Minority <br />Business Development Agency of the U. S. Department of Commerce. <br />6. If the prime contractor awards subcontracts, require the prime contractor to take the <br />steps in numbers 1 through 5 above. <br />Re iced Contract Conditions <br />These conditions must be included in all procurement contracts entered into by the loan <br />recipient for all projects: <br />1. The prime contractor must pay its subcontractor for satisfactory performance no more <br />than 30 days from the prime contractor's receipt of payment from the loan recipient. <br />2. The prime contractor must notify the loan recipient in writing prior to the termination of <br />any DBE subcontractor for convenience by the prime contractor. <br />3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the <br />prime contractor must employ the six good faith efforts when soliciting a replacement <br />subcontractor. <br />4. The prime contractor must employ the six good faith efforts even if the prime <br />contractor has achieved its fair share objectives. <br />Updated 4/2022 <br />