Section 45.11 - Affirmative Action and Disadvantaged Business Enterprise Requirements(1) Eligible borrowers receiving financial assistance from the Trust shall comply with applicable federal and state anti-discrimination laws and requirements, including the Department's requirements in the areas of Affirmative Action in employment and Disadvantaged Business Enterprise (DBE) use in contracting. (a) In the area of Affirmative Action, such eligible borrowers shall adopt, for use in all contracts for $50,000 or more, an adapted version of the Commonwealth of Massachusetts' Supplemental Equal Employment Opportunity Anti-discrimination and Affirmative Action Program. The contracts may include minority workforce percentages greater than those required for the geographical locations of the construction project as set forth in the Supplemental Program.(b) In the area of DBE utilization, eligible borrowers shall make positive efforts to use DBEs for use in all construction, service and supply subagreements for the project financed by the loan. Such efforts should achieve the applicable federal and/or state goals established for DBE participation, but, at a minimum, should allow DBEs the maximum feasible opportunity to compete for project subagreements.
(2) An eligible borrower receiving a loan from the Trust shall promptly notify the Department in writing when it has good reason to believe that its positive efforts to use DBEs in the subagreements for the project will not achieve one or both of the applicable DBE utilization goals.Amended by Mass Register Issue S1331, eff. 1/27/2017.