What affirmative action clauses are required in Design/Build contracts of around $1 million?
A. There are two required clauses. The first deals with subcontracting opportunities and the second deals with nondiscrimination in employment. (1) Following is guidance drafted by FTA for grantees concerning the issue of Disadvantaged Business Enterprise (DBE) participation in project work funded by FTA grants. It provides guidance as well as suggested clause language for third-party contracts. This guidance reflects the new DBE rule found in 49 CFR Part 26. The new DBE rule will be discussed at length in the Best Practices Procurement Manual (BPPM), Chapter 7. The following is the clause referred to in the BPPM, Appendix A.1, Clause #28 – Disadvantaged Business Enterprise. The BPPM is available online. DISADVANTAGED BUSINESS ENTERPRISE (DBE) Background and Applicability The newest version on the Department of Transportation’s Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals,
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