We will perform interim audits of contract payments to DBEs. These audits will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation.

Enforcement

The SMAA has several remedies available to enforce the DBE requirements contained in its contracts, including, but not limited to, breach of contract action pursuant to the terms of the contract. In addition, the Federal government has several enforcement mechanisms available that it may apply to firms attempting to improperly participate in the US DOT's DBE program including, but not limited to, the following:

  1. Suspension or debarment proceedings pursuant to 49 CFR Part 26
  2. Enforcement action pursuant to 49 CFR Part 31
  3. Prosecution pursuant to 18 USC 1001.

Information, Confidentiality, Cooperation

To the maximum extent possible, we will safeguard from disclosure to third parties, information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. However, as an Independent Special District created under the laws of the State of Florida, SMAA is subject to Florida's "Sunshine Law" found in Chapter 286 of the Florida Statutes. The Sunshine Law provides for unrestricted public access to many of the documents received or created by SMAA pursuant to this DBE program.