FDEP_Agreement_Exhibit_G.pdf

This document is Exhibit G, detailing 49 CFR 26.13, which outlines the non-discrimination assurances required by the Department of Transportation (DOT) for financial assistance agreements and contracts. The exhibit mandates that recipients and contractors must not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. The requirements apply to the Disadvantaged Business Enterprise (DBE) program and are legally binding, with potential sanctions for non-compliance including withholding of payments, assessing penalties, imposing liquidated damages, and disqualifying contractors from future bidding.

The document specifies that both financial assistance agreements and contracts must include these non-discrimination assurances. For recipients, implementation of the DBE program is a legal obligation, and failure to comply may result in Department of Transportation sanctions or referral for enforcement under federal laws such as the Program Fraud Civil Remedies Act. For contractors, the requirements include carrying out applicable DBE program requirements in contract performance, with potential consequences for non-compliance including contract termination, withholding of progress payments, and disqualification from future bidding opportunities.