E-2DBE Program Bid Conditions - fillable.pdf

DBE PROGRAM B-11

MCGHEE TYSON AIRPORT

Runway 5R-23L Rehabilitation – Project 2

DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

BID CONDITIONS

The following bid conditions apply to this Department of Transportation (DOT) assisted contract.

Submission of a bid/proposal by a prospective Contractor shall constitute full acceptance of these bid conditions.

(1) DEFINITION – Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the same meaning as defined in Paragraph 23.62 of Subpart D to 49 CFR Part 26.

(2) POLICY - It is the policy of DOT that DBE’s as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. The Runway 5R-23L Rehabilitation –

Project 2 will be funded through the Federal Aviation Administration. Therefore, the

DBE requirements of 49 CFR Part 26 applies to this contract.

(3) DBE OBLIGATION – The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds, and through other funding sources specified by the Metropolitan Knoxville Airport

Authority. In this regard, all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBE’s have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, disability or sex in the award and performance of DOT assisted contracts, or other contracts defined by the Owner.

(4) COMPLIANCE - All bidders, potential Contractors, or subcontractors for this DOT assisted contract are hereby notified that failure to carry out the DOT policy, the Airport

Authority policy, and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the Owner.

(5) SUBCONTRACT CLAUSE – All bidders and potential Contractors hereby assure that they will include the above clauses in all subcontracts which offer further subcontracting opportunities.

MCGHEE TYSON AIRPORT

ALCOA, TENNESSEE

RUNWAY 5R-23L REHABILITATION - PROJECT 2

ISSUED FOR BID - MARCH 23, 2025

DBE PROGRAM B-12

(6) RACE-CONSCIOUS – Measure or program is one that is focused specifically on assisting only DBE’s, including women-owned DBE’s (as defined in 49 CFR Part 26.5).

(7) RACE-NEUTRAL – Measure or program is one that is, or can be, used to assist all small business. For the purposes of this part, race-neutral includes gender-neutrality (as defined in 49 CFR Part 26.5).

(8) CONTRACT AWARD - Bidders are hereby advised that meeting DBE subcontract goals or making an acceptable good faith effort to meet such goals are conditions of being award a DOT assisted contract or other contract defined by the Owner.

The Owner proposes to award the contract to the lowest responsive and responsible bidder submitting a reasonable bid provided the bidder has met the goals for DBE participation or, if failing to meet the goals, the bidder has made an acceptable good faith effort to meet the established goals for the DBE participation. Bidder is advised that the Owner reserves the right to reject any or all bids submitted, and to award or refrain from awarding a contract for the work, whichever is deemed to be in the Owner’s best interest.

(9) DBE PARTICIPATION GOAL - The attainment of goals established for this contract are to be measured as a percentage of the total dollar value of specific portions of the contract.

The application of the DBE goal is required for all of the work associated with this project.

The DBE goal for this project as awarded, regardless of the bid elements included is:

The achievement of the DBE goals shall address two categories as outlined in 49 CFR Part

26:

1. Race Conscious – Minimum participation requirement: 8%

2. Race Neutral – Balance of participation goal: 0%

Total Participation: 8%

RACE CONSCIOUS – Measure or program is one that is focused specifically on assisting only DBE’s, including women-owned DBE’s (as defined in 49 CFR Part 26.5).

RACE NEUTRAL – Measure or program is one that is, or can be, used to assist all small businesses. For the purposes of this part, race-neutral includes gender-neutrality (as defined in 49 CFR Part 26.5).

The determination of the proposed DBE participation for the project shall be made as follows:

MCGHEE TYSON AIRPORT

ALCOA, TENNESSEE

DBE PROGRAM B-13

Total DBE Amount Bid

Total Bid Amount

(10) AVAILABLE DBE’S – The Metropolitan Knoxville Airport Authority is a member of the Tennessee Uniform Certification Program (TNUCP). The Metropolitan Knoxville

Airport Authority continues to certify DBE construction contractors, suppliers, and manufacturers, and relies solely on the certified list of DBE companies as prepared by the

Tennessee Department of Transportation. The internet link to this document is: http:

www.tdot.state.tn.us/dbedirectinternet/Vendor.aspx

(Note: pop-up blocker must be disabled to view report)

Bidders are encouraged to contact the Metropolitan Knoxville Airport Authority in their pursuit of locating DBE’s for the work. At the Bidder’s request, the Metropolitan

Knoxville Airport Authority will provide a list of DBE contractors who are currently certified with the TNUCP.

Credit toward the DBE goal will not be counted unless the companies to be used to satisfy the goal is (are) certified as a DBE by the TNUCP prior to the bid date.

(11) CATEGORIES FOR OBTAINING DBE PARTICIPATION – DBE participation can be achieved from any combination of the following categories. Note the percentage amount paid to the DBE company that will be allowed for credit toward DBE participation:

● Subcontractor 100%

● Manufacturer 100%

● Supplier 60%

(12) CONTRACTOR’S REQUIRED SUBMISSION – The Owner requires the submission of the following information with the bid. Certain other DBE information may also be required.

ALCOA, TENNESSEE

RUNWAY 5R-23L REHABILITATION - PROJECT 2

http://www.tdot.state.tn.us/dbedirectinternet/Vendor.aspx

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DBE PROGRAM B-17

If the Contractor fails to meet the DBE subcontract goals established in paragraph 9 above, the following information must be submitted prior to contract award to assist the Owner in determining whether or not the contactor made acceptable good faith efforts to meet the contract goal. This information (when applicable), as well as the DBE information, should be submitted as specified in Paragraph 12 above.

Suggested guidance for use in determining if good faith efforts were made by a contractor are included in Appendix A 49 CFR Part 26, subpart 23.45(h).

A list of efforts that a contractor may make and the Owner may use in making a determination as to the acceptability of a contractor’s efforts to meet the goal as included in Appendix A 49 CFR

Part 26, Subpart 23.45(h) are as follows:

a. Whether the contractor attended any pre-solicitation or pre-bid meetings that were scheduled by the recipient to inform DBE’s of contracting and subcontracting opportunities;

b. Whether the contractor advertised in general circulation, trade association, and minority-focus media concerning the subcontracting opportunities;

c. Whether the contractor provided written notice to a reasonable number of specific

DBE’s that their interest in the contract was being solicited in sufficient time to allow the DBE’s to participate effectively;

d. Whether the contractor followed up initial solicitations of interest by contracting DBE’s to determine with certainty whether DBE’s were interested;

e. Whether the contractor selected portions of work to be performed by DBE’s in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down contracts into economically feasible unites to facilitate DBE participation);

f. Whether the contractor provided interested DBE’s with adequate information about the plans specifications, and requirements of the contract;

g. Whether the contractor negotiated in good faith with interested DBE’s, not rejecting

DBE’s as unqualified without sound reasons based on a thorough investigation of their capabilities;

h. Whether the contractor made efforts to assist interested DBE’s in obtaining bonding, lines of credit, or insurance required by the recipient or contractor; and

i. Whether the contractor effectively used the services of available minority community organizations; minority contractors’ groups; local and state Federal Minority Business

Assistance Offices; and other organizations that provide assistance in the recruitment and placement of DBE’s.

MCGHEE TYSON AIRPORT

ALCOA, TENNESSEE

DBE PROGRAM B-18

NOTE: The efforts set forth above, a – I, are merely suggested criteria and the Owner may specify that you submit information on certain other actions a contractor took to secure DBE participation in an effort to meet the goals. A contractor may also submit to the Owner other information on efforts to meet the goals.

(13) CONTRACTOR ASSURANCES –

a. The bidder hereby assures that he/she will comply with the following statement and include in all subcontracts:

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible.

b. The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Owner’s written consent as provided for in 49 CFR 26.53 (f).

c. Without the Owner’s written consent as provided for under 49 CFR 26.53 (f), the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

The Bidder also assures to comply with the following goals:

a. The DBE participation goal as established in Paragraph 9 above.

b. The calculated DBE participation percentage as shown in Paragraph 12, which was submitted as a condition of contract award.

Agreements between bidder/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. The bidder shall make a good faith effort to replace a DBE subcontract that is unable to perform successfully with another DBE subcontractor. Substitution must be coordinated and approved by the Owner.

MCGHEE TYSON AIRPORT

ALCOA, TENNESSEE

DBE PROGRAM B-19

The Bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts.

Name of BIDDER:_____________________________________________________________

IRS Number:______________________ By:_______________________________________

Date:_____________________________ Title:_____________________________________

END DBE PROGRAM

ALCOA, TENNESSEE

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