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Flow Down Requirements - This requirement flows down to all subcontracts at <br />every tier <br /> <br />e. Termination for Convenience (DBE). 49 CFR Part 26.53 <br /> <br />No prime contractor will terminate for convenience a DBE <br />subcontractor that was listed and agreed to perform a project task (or <br />an approved substitute DBE firm) and then perform the work of the <br />terminated subcontract with its own forces or those of an affiliate, <br />without prior written consent from FDOT’s Diversity & Equity Program <br />Office. <br />The prime contractor shall utilize the specific DBEs listed to perform <br />the work and supply the materials for which each is listed unless the <br />prime contractor obtains written consent form FDOT’s Diversity & <br />Equity Program Office; and unless the consent is provided the <br />contractor shall not be entitled to any payment for work or material <br />unless it is performed or supplied by the listed DBE. <br />Appropriate administrative remedies will be invoked to any Prime <br />Contractor that terminates and/or removes a DBE firm/s for <br />convenience. Those remedies may include requirement to pay <br />terminated DBE firm/s; withholding of future payments and/or <br />retainage; and/or disbarment from future consideration of project <br />awards with the FDOT. <br /> <br />Flow Down Requirements - This requirement flows down to all subcontracts at <br />every tier <br /> <br />Other Federal Requirements <br /> <br />The following requirements are not federal clauses, but apply to all contracts except <br />micro- purchases ($3,500 or less) <br /> <br />Full and Open Competition. <br /> <br />In accordance with 49 U.S.C. § 5325(a) all procurement transactions shall be <br />conducted in a manner that provides full and open competition. <br /> <br />Prohibition Against Exclusionary or Discriminatory Specifications. <br /> <br />Apart from inconsistent requirements imposed by Federal statute or <br />regulations, the contractor shall comply with the requirements of 49 USC <br />5323(h)(2) by refraining from using any FTA assistance to support <br />procurements using exclusionary or discriminatory specifications. <br />Florida Department of Transportation <br />Public Transit Office <br /> <br />TRIPS-22-CA-MB-LF-Model1 <br />Standard Cutaway and Minibus <br />Chassis Type Transit Vehicles <br />Page 67 of 196 <br />DocuSign Envelope ID: 6FD53F08-2BF8-412C-A338-B935DB86415F