There are a number of provisions designed to prevent unfair practices that adversely affect DBEs. Those provisions are as follow:
What are the Contract Administration Requirements?
- A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient.
- A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor.
- If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts if soliciting a replacement subcontractor.
- A recipient must require its prime contractor to employ the six good faith efforts even if the prime contractor has achieved its fair share objectives.
What are the Forms Associated with the Contract Administration Provisions?
- EPA Form 6100-2 DBE Program Subcontractor Participation Form: This form gives a DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the prime contractor, how much the DBE subcontractor was paid and any other concerns the DBE subcontractor might have.
- EPA Form 6100-3 DBE Program Subcontractor Performance Form: This form captures an intended subcontractor's description of work to be performed for the prime contractor and the price of the work submitted to the prime.
- EPA Form 6100-4 DBE Program Subcontractor Utilization Form: This form captures the prime's intended use of an identified DBE subcontractor, and the estimated dollar amount of the subcontract.
|FORM||REQUIREMENT||PROVIDED BY:||COMPLETED BY:||SUBMITTED TO:|
|EPA Form 6100-2||Recipients required to have prime contractors provide form to||Prime Contractors||DBE Subcontractors||EPA DBE Coordinator|
|EPA Form 6100-3||Recipients required to have prime contractors provide form to||Prime Contractors||DBE Subcontractors||Recipients as part of a bid or proposal package|
|EPA Form 6100-4||Recipients required to have prime contractors||Recipients||Prime Contractors||Recipients as part of a bid or proposal package|