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AGREEMENT NO. C -5 -3632 <br />EXHIBIT D <br />DBE Policv and Aoalicabilit <br />In accordance with federal financial assistance agreements with the U.S. Department of <br />Transportation (U.S. DOT), the Authority has adopted a Disadvantaged Business Enterprise <br />(DBE) Policy and Program, in conformance with Title 49 CFR, Part 26, "Participation by <br />Disadvantaged Business Enterprises In Department of Transportation Programs <br />The project is subject to these stipulated regulations and the Authority's DBE program. In <br />order to ensure that the Authority achieves its overall DBE Program goals and objectives, the <br />Authority encourages the participation of DBEs as defined in 49 CFR, Part 26 in the <br />performance of contracts financed in whole or in part with U.S. DOT funds. Pursuant to the <br />intert of these Regulations, it is also the policy of the Authority to; <br />Fulfill the spirit and intent of the Federal DBE Program regulations published under U.S. DOT <br />Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to participate in all of <br />Authority's DOT- assisted contracting opportunities. <br />Ensure that DBEs can fairly compete for and perform on all DOT- assisted contracts and <br />subcontracts. <br />Ensure non - discrimination in the award and administration of Authority's DOT- assisted <br />contracts. <br />Create a level playing field on which DBEs can compete fairly for DOT - assisted contracts. <br />Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to <br />participate as DBEs. <br />Help remove barriers to the participation of DBEs in DOT- assisted contracts. <br />Assist in the development of firms that can compete successfully in the marketplace outside <br />the DBE Program. <br />Consultant must not discriminate on the basis of race, color, national origin, or sex in the <br />award and performance of subconsultant. <br />Any terms used in this section that are defined in 49 CFR, Part 26, or elsewhere in the <br />Regulations, must have the meaning set forth in the Regulations, in the event of any <br />conflicts or inconsistencies between the Regulations and the Authority's DBE <br />Program with respect to DOT - assisted contracts, the Regulations must prevail. <br />III. Authority's DBE Policy Implementation Directives <br />Pursuant to the provisions associated with federal regulation 49 CFR, Part 26, the <br />Disadvantaged Business Enterprise (DBE) program exists to ensure participation, equitable <br />competition, and assistance to participants In the USDOT DBE program. Accordingly, based <br />on the Authority's analysis of Its past utilization data, coupled with its examination of similar <br />Agencies' Disparity Study and recent Goal Methodology findings the Authority has <br />Implemented the reinstatement of the DBE program utilizing both race - conscious and race - <br />neutral means across the board as all protected groups participation have been affected <br />Orange County Transportation Authority 4 <br />Revisedr 0510612094 <br />25E -26 <br />