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SMALL M/WBE MODIFICATIONS OR SUBSTITUTIONS

This provision applies to all modifications and substitutions under the awarded contract.  The Contractor or Vendor will be required to comply with this provision to the extent needed to achieve Small M/WBE percentage or goal.

A.  The Prime Contractor or Vendor must submit to TCCD written documentation prior to the termination or substitution of a Small M/WBE Subcontractor in the event a Prime Contractor or Vendor requests to terminate or substitute a Small M/WBE Subcontractor listed to fulfill the contract requirements, and Prime Contractor subsequently performs the work with its own forces, an affiliate, a non-Small M/WBE Subcontractor or other Small M/WBE Subcontractor. This will include any changes to items of work, material, services, or Small M/WBE firms that differ from those identified in the Intent To Perform As A Subcontractor Form on file with TCCD (refer to Intent To Perform As A Subcontractor Form in Section 21).  The Offeror/Contractor must provide any and all documentation and information as may be requested with respect to the requested change.

B. The Offeror/Contractor’s documentation will include the specific reasons for the proposed change.  Reasons that are acceptable include, but are not limited to: Small M/WBE was not able to perform; Small M/WBE was unable to produce acceptable work; and/or Small M/WBE submitted an unreasonable escalation in price.  If a Small M/WBE Subcontractor is substituted for another Small M/WBE Subcontractor, the Contractor will include the name, address, certification number, and principal office of the proposed Small M/WBE firm in its documentation.  After providing an opportunity for the Contracting Department to make its recommendations, TCCD will approve or reject the change.

C. If the change involves a Subcontractor substitution, the Offeror/Contractor must make a good faith effort to replace the Small M/WBE with another Small M/WBE.  The replacement firm must be NCTRCA certified in order for Offeror/Contractor to receive credit for fulfilling the Small M/WBE participation goal.  In the event that the Offeror/Contractor is unable to contract with another Small M/WBE firm, good faith effort documentation must be provided to the Contracting Officer describing the unsuccessful attempts to locate a substitute Small M/WBE.  In all situations, the Contractor may not terminate or replace a Small M/WBE Subcontractor without the prior written consent from TCCD.

D. With the request for change, the Offeror/Contractor must submit a new Intent To Perform As A Subcontractor Form to verify that the firm(s) is NCTRCA certified.  TCCD will notify the Offeror/Contractor in writing of the decision as expeditiously as possible.  If the contract has been awarded and TCCD approves the proposed substitute Subcontractor in writing, the Contractor will provide a copy of the newly executed subcontract agreement with the proposed Small M/WBE firm to TCCD within ten (10) business days of receipt of the substitution approval.

E. If the change involves a modification, Offeror/Contractor must submit, if applicable, the Intent To Perform As A Subcontractor Form specified for contract modifications for any Small M/WBE Subcontractor affected by this change.  This form may be obtained from TCCD.

F. If the Contractor does not comply with this provision, TCCD may elect to apply contract remedies as appropriate.  Additionally, TCCD may order that Contractor forfeit any profits from the terminated portion of the Small M/WBE subcontract.

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