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Unauthorized substitution of a listed subcontractor may constitute a violation of the"Subletting and Subcontracting Fair <br /> Practices Act"and may subject the Contractor to the penalties imposed therein. <br /> 5-1.09A DVBE SUBCONTRACTING <br /> The DVBEs listed by the Contractor in response to the provisions in Section 2-1.02B, "Submission of DVBE <br /> Information," and Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the <br /> Department to be certified DVBEs, shall perform the work and supply the materials for which they are listed, unless the <br /> Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other <br /> sources. <br /> Unauthorized substitution of a DVBE may also constitute a violation of California Code of Regulations Section 1896.64. <br /> The Contractor shall not be entitled to payment for the work or material unless it is performed or supplied by the listed <br /> DVBE or by other forces(including those of the Contractor)pursuant to prior written authorization of the Engineer. <br /> The provisions in Section 2-1.02, "Disabled Veteran Business Enterprise (DVBE)," of these special provisions that <br /> DVBEs shall be certified on the date bids are opened does not apply to substitutions after award of the contract. <br /> The Contractor shall maintain records of all subcontracts entered into with certified DVBE subcontractors and records of <br /> materials purchased from certified DVBE suppliers. The records shall show the name and business address of each DVBE <br /> subcontractor or vendor and the total dollar amount actually paid each DVBE subcontractor or vendor. <br /> The Contractor agrees that the awarding department will have the right to review,obtain and copy all records pertaining <br /> to performance of DVBEs during the contract. The Contractor agrees to provide the awarding department with any relevant <br /> information requested and shall permit access to its premises,upon reasonable notice, during normal business hours for the <br /> purpose of interviewing employees and inspecting and copying such books,records, accounts and other material that may be <br /> relevant to a matter under investigation for the purpose of determining compliance with Public Contract Code Section 10115 <br /> et seq. The Contractor further agrees to maintain such records for a period of three (3)years after final payment under the <br /> contract. <br /> 5-1.09B NON-SMALL BUSINESS SUBCONTRACTING <br /> The Small Business subcontractors listed by the Contractor in response to the provisions in Section 2-1.03B, "Non-small <br /> Business Subcontractor Preference," and Section 3, "Award and Execution of Contract," of these special provisions, which <br /> are determined by the Department to be certified as Small Business, shall perform the work and supply the materials for <br /> which they are listed,unless the Contractor has received prior written authorization to perform the work with other forces or <br /> to obtain the materials from other sources. <br /> Unauthorized substitution of a Small Business subcontractor may also constitute a violation of California Code of <br /> Regulations Section 1896.10 and may subject the Contractor to the sanctions referenced therein. <br /> The provisions in Section 2-1.03B, "Non-small Business Subcontractor Preference," of these special provisions that <br /> Small Business subcontractors shall be certified on the date bids are opened does not apply to substitutions after award of the <br /> contract. <br /> The Contractor shall maintain records of all subcontracts entered into with certified Small Business subcontractors and <br /> records of materials purchased from certified Small Business suppliers. The records shall show the name and business <br /> address of each Small Business subcontractor or vendor and the total dollar amount actually paid each Small Business <br /> subcontractor or vendor. <br /> Contractor agrees that the awarding department will have the right to review, obtain and copy all records pertaining to <br /> performance of Small Businesses during the contract. The Contractor agrees to provide the awarding department with any <br /> relevant information requested and shall permit access to its premises,upon reasonable notice,during normal business hours <br /> for the purpose of interviewing employees and inspecting and copying such books,records, accounts and other material that <br /> may be relevant to a matter under investigation for the purpose of determining compliance with California Code of <br /> Regulations Section 1896, et seq. The Contractor further agrees to maintain such records for a period of three(3)years after <br /> final payment under the contract. <br /> 5-1.10 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS <br /> Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code concerning prompt <br /> payment to subcontractors. <br /> 5-1.103 RECORDS <br /> The Contractor shall maintain cost accounting records for the contract pertaining to,and in such a manner as to provide a <br /> clear distinction between,the following six categories of costs of work during the life of the contract: <br /> A. Direct costs of contract item work. <br /> Contract No. 10-OM7104 <br /> 110 <br />