(a) The department may determine that the contractor
failed to satisfy the good faith efforts requirements in the performance
of the contract, or violated any provision of this subchapter, the
DBE provisions of the contract, or 49 C.F.R. Part 26.
(b) The department may impose any of the following
sanctions:
(1) a letter of reprimand;
(2) contract termination;
(3) required participation in DBE outreach programs;
(4) required participation in DBE mentor program;
(5) liquidated damages; and
(6) any other remedy available by law.
(c) Factors to be considered in imposing sanctions
include:
(1) the magnitude and the type of noncompliance described
by subsection (a) of this section;
(2) the degree of the contractor's culpability;
(3) any steps taken to rectify the situation;
(4) the contractor's record of performance on other
projects including:
(A) the contractor's annual DBE participation above
the DBE goals;
(B) the contractor's annual DBE participation on projects
without goals;
(C) the number of complaints the department has received
from DBEs about the contractor; and
(D) the number of times the contractor has been previously
sanctioned by the department under this section; and
(5) whether a contractor falsified, misrepresented,
or withheld information.
(d) The department will notify the contractor in writing
of the determination under this section. The notice will include the
reasons for that determination and specify the resulting sanctions,
if any.
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