ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-5-3632)

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AGREEMENT NO, C -6 -3632 EXHIBIT D DBE Policv and AoDlicabilit In accordance with federal financial assistance agreements with the U.S. Department of Transportation (U.S. DOT), the Authority has adopted a Disadvantaged Business Enterprise (DBE) Policy and Program, in conformance with Title 49 CFR, Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Programs ". The project is subject to these stipulated regulations and the Authority's DBE program. In order to ensure that the Authority achieves its overall DBE Program goals and objectives, the Authority encourages the participation of DBEs as defined in 49 CFR, Part 26 in the performance of contracts financed in whole or in part with U.S. DOT funds. Pursuant to the intent of these Regulations, it is also the policy of the Authority to: Fulfill the spirit and intent of the Federal DBE Program regulations published under U.S. DOT Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to participate in all of Authority's DOT - assisted contracting opportunities. Ensure that DBEs can fairly compete for and perform on all DOT- assisted contracts and subcontracts. Ensure non- discrimination in the award and administration of Authority's DOT - assisted contracts. Create a level playing field on which DBEs can compete fairly for DOT - assisted contracts. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. Help remove barriers to the participation of DBEs in DOT - assisted contracts. Assist in the development of firms that can compete successfully in the marketplace outside the DBE Program. Consultant must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subconsultant. Any terms used in this section that are defined in 49 CFR, Part 26, or elsewhere in the Regulations, must have the meaning set forth in the Regulations. In the event of any conflicts or inconsistencies between the Regulations and the Authority's DBE Program with respect to DOT - assisted contracts, the Regulations must prevail. III. Authority's DBE Policy Implementation Directives Pursuant to the provisions associated with federal regulation 49 CFR, Part 26, the Disadvantaged Business Enterprise (DBE) program exists to ensure participation, equitable competition, and assistance to participants in the USDOT DBE program. Accordingly, based on the Authority's analysis of its past utilization data, coupled with its examination of similar Agencies' Disparity Study and recent Goal Methodology findings the Authority has as all protected groups participation have been affected Orange County Transportation Authority 4 Revised. 05108)2014