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Section 2: District Responsibilities

Step 1: Review termination request letter from prime contractor along with supporting documentation:

Step 2: Make a determination to approve or deny termination request.

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  • When to approve termination requests:
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    • The prime has submitted the supporting documentation and documentation to support the DBE is unwilling and unable to perform the work and therefore good cause exists to terminate the original DBE. (Refer to the list of reasons for good cause.)
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    • The DBE has submitted concurrence for termination or has submitted a signed voluntary removal request that has been confirmed by the District DBE Coordinator.
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  • When to deny termination requests:
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    • The prime contractor fails to submit the proper documentation to justify the termination request;
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    • The prime contractor is attempting to negotiate a more advantageous contract with another subcontractor.
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    • The prime contractor is attempting to perform the work with its own resources or those of an affiliate, a non-DBE firm, or with another DBE firm offering a lower contract price.
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    • The DBE requested to be terminated has objected to the termination and is willing and able to perform the work.

Step 3: Provide the determination in writing to the prime contractor and DBE within seven business days. See sample letters in Appendix A, Section 3.

Step 4: If the DBE termination is approved and results in a DBE goal shortfall, review the prime contractor’s good faith efforts to find a substitute DBE to meet the goal.

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  • Review and approve the prime contractor’s substitution request.
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  • If the prime cannot find a replacement, review the prime contractor’s good faith

Write the prime contractor accepting or rejecting its good faith efforts.

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