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COOPERATIVE AGREEMENT NO. C -6 -1516 <br />EXHIBIT D <br />A. Take appropriate actions to ensure that it will continue to meet the DBE Commitment at the <br />minimal level committed to at award or will satisfy the good faith efforts to meet the DBE <br />Commitment, when change orders or other contract modifications alter the dollar amount of <br />the contract or the distribution of work. The Consultant must apply and report its DBE goal <br />commitments against the total Contract Value, including any contract change orders and /or <br />amendments. <br />II. DBE Policy and Applicability <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 (DBE) <br />Policy and Program, in conformance with Title 49 CFR, Part 26, "Participation by Disadvantaged <br />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 performance <br />of contracts financed in whole or in part with U.S. DOT funds. Pursuant to the intent of these <br />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. <br />DOT 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 <br />outside 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 <br />the 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 Program <br />with respect to DOT - assisted contracts, the Regulations must prevail. <br />Exhibit D <br />Page 4 <br />25F -38 <br />