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For All Procurements Involving Any Services DISADVANTAGED, MINORITY, WOMEN BUSINES ENTERPRISES (RACE AND GENDER NEUTRAL) PROFESSIONAL SERVICES CONTRACTS ONLY (9-30-09) SP1 G69 Policy It is the policy of the North Carolina Department of Transportation that businesses shall have an equal opportunity to compete fairly for and to participate in the performance of contracts financed in whole or in part by federal and state funds. The Department is committed to its annual aspirational goal(s) set on all federally assisted and state funded contracts. Professional Services Contracts are race and gender neutral and do not contain goals; however, the firm is encouraged to give every opportunity to allow DBE/MBE/WBE sub -consultant participation on all contracts and supplemental agreements. Obligation In compliance with Title Vl, 23 CRF 200, 230, 635, 117 (d) and (e) and 49 CFR Parts 21 and 26, the Firm and sub - consultant shall not discriminate on the basis of race, religion, color, creed, national origin, age, disability or sex in the performance of this contract. Failure by the Finn to comply with these requirements is a material breach of this contract, which will result in the termination of this contract or such other remedy, as the Department deems necessary. Definitions Professional Services _ Services such as, but not limited to, project management, construction engineering and inspection, feasibility studies, planning and environmental studies, preliminary engineering, design and redesign, surveying, mapping, geotechnical investigations, architectural related services, visualization, simulation studies, technical assistance and transportation services studies. Department- North Carolina Department of Transportation Disadvantaged Business Enterprise (DBE) — A firm certified through the federally mandated North Carolina Unified Certification Program administered by the Department. Minority -Owned and Women -Owned Business Enterprises (MBE/WBE) - Firms certifed through the state - mandated North Carolina Unified Certification Program administered by the Department. Small Professional Services Firm (SPSF) - Small professional consultant firms who have been certified by the Department. Any business established for profit and meets the certification standards outlined in 13 CFR Pari 121, Sector 54 under the North American Industrial Classification system (NAICS) is eligible for participation in the Department's SPSF program. Form RS -2 - Form to be completed showing the participation of all known consultants and sub -consultants (SPSFs) who will participate in the performance of the identified work Form DBE -IS — Form required to record payments made to sub -consultants, including material suppliers. The accounting shall be listed on the Department's Subcontractor Payment Information Form (Form DBE -IS). North Carolina Unified Certification Program (UCP) - A program that provides comprehensive information to applicants for certification, such that an applicant is required to apply only once for DBE certification that will be 20 Attachment number 1 \n F-3 Page 138