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Salem Area Mass Transit District/Marion County IFB 00-03 23 <br />TAB Services <br />(b) DB obligation - The Contractor and its subcontractors agree to ensure that disadvantaged <br />businesses have the maximum opportunity to participate in the performance of contracts and <br />subcontracts financed in whole or in part with federal funds provided under the Agreement. In <br />that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in <br />accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have <br />the maximum opportunity to compete for and perform contracts. <br />0 Where the Contractor is found to have failed to exert sufficient reasonable and good faith <br />efforts to involve DBE's in the work provided, Recipient may declare the Contractor <br />noncompliant and in breach of contract. <br />(d) The Contractor will keep records and documents for a reasonable time following <br />performance of this contract to indicate compliance with Recipient DBE program. These records <br />and documents will be made available at reasonable times and places for inspection by any <br />authorized representative of Recipient and will be submitted to Recipient upon request. <br />(e) Recipient will provide affirmative assistance as may be reasonable and necessary to assist the <br />prime contractor in implementing their programs for DBE participation. The assistance may <br />include the following upon request: <br />2) Identification of qualified DBE <br />2) Available listing of Minority Assistance Agencies <br />2) Holding bid conferences to emphasize requirements <br />2) DBE Program Definitions, as used in the contract: <br />2) Disadvantaged business "means a small business concern" : <br />2) Which is at least 51 percent owned by one or more socially and economically disadvantaged <br />individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of <br />which is owned by one or more socially and economically disadvantaged individuals; and <br />ii. Whose management and daily business operations are controlled by one or more of the <br />socially and economically disadvantaged individuals who own it. <br />~ <br />iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any <br />publicly owned business, at least 51% of the stock of which is owned by one or more women <br />individuals; and <br />iv. Whose management and daily business operations are controlled by one or more women <br />individuals who own it. <br />(b) " Small business concern" means a small business as defined by Section 3 of the Small <br />Business Act and Appendix B-(Section 106(c)) Determinations of Business Size. <br />