If the contractor fails or refuses to comply with the provisions of this program section in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding.
We will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. We will not count the participation of a DBE subcontract toward a contractor's final compliance with its DBE obligations on a contract until the amount being counted has been paid to the DBE.
SMAA is a non-certifying member of the Unified Certification Program (UCP) administered by the State of Florida Department of Transportation. The UCP and its certifying members will meet the requirements of Part 26 Subparts D and E in the process of certifying businesses as DBEs.
I he UCP's directory of eligible DBEs specifies whether a firm is certified as a DBE for purposes of 49 CFR Part 26, an ACDBE for purposes of 49 CFR Part 23, or both. The directory also provides other information regarding a certified firm including, most significantly, the NAICS codes under which the firm is qualified to perform work and the geographic areas in which the firm is willing and able to work.
The Hillsborough County Aviation Authority (HCAA), located approximately 54 miles north of SRQ, is the certifying member of the UCP in the closest geographic proximity. The SMAA will work with HCAA to coordinate the certification review process for the prospective DBEs. While the majority of the certification referrals at SRQ will be handled by HCAA, the prospective DBEs may from time to time be reviewed by the other certifying members of the UCP including the Lee County Port Authority (95 miles south) and the Greater Orlando Aviation Authority (129 miles northeast).
We will require prime contractors to maintain records and documents of payments to DBEs for a minimum of three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of SMAA or FAA. This reporting requirement also extends to any certified DBE subcontractor.