[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.37]

[Page 273-274]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 26--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
 Subpart B--Administrative Requirements for DBE Programs for Federally-
                          Assisted Contracting
 
Sec. 26.37  What are a recipient's responsibilities for monitoring the performance of other program participants?

    (a) You must implement appropriate mechanisms to ensure compliance 
with the part's requirements by all program participants (e.g., applying 
legal and contract remedies available under Federal, state and local 
law). You must set forth these mechanisms in your DBE program.
    (b) Your DBE program must also include a monitoring and enforcement

[[Page 274]]

mechanism to ensure that work committed to DBEs at contract award is 
actually performed by DBEs.
    (c) This mechanism must provide for a running tally of actual DBE 
attainments (e.g., payments actually made to DBE firms), including a 
means of comparing these attainments to commitments. In your reports of 
DBE participation to the Department, you must display both commitments 
and attainments.

[64 FR 5126, Feb. 2, 1999, as amended at 65 FR 68951, Nov. 15, 2000]