Combined Construction Inc. 7/22/2020

1 1-07.11.OptionB.RTF.DOCX 2 1-07.11 Requirements for Nondiscrimination 3 (December 19, 2019 APWA GSP, Option B) 4 5 Supplement this section with the following: 6 7 Disadvantaged Business Enterprise Participation 8 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and 9 USDOT's official interpretations (i.e., Questions & Answers) apply to this Contract. I 10 Demonstrating compliance with these Specifications is a Condition of Award (COA) of this 11 Contract. Failure to comply with the requirements of this Specification may result in your 12 Bid being found to be nonresponsive resulting in rejection or other sanctions as provided 13 by Contract. 14 15 DBE Abbreviations and Definitions 16 Broker—A business firm that provides a bona fide service, such as professional, I 17 technical, consultant or managerial services and assistance in the procurement 18 of essential personnel, facilities, equipment, materials, or supplies required for 19 the performance of the Contract; or, persons/companies who arrange or 111 20 expedite transactions. 21 22 Certified Business Description — Specific descriptions of work the DBE is I 23 certified to perform, as identified in the Certified Firm Directory, under the Vendor 24 Information page. 25 I 26 Certified Firm Directory — A database of all Minority, Women, and 27 Disadvantaged Business Enterprises, including those identified as a UDBE, 28 currently certified by Washington State. The on-line Directory is available to 29 Bidders for their use in identifying and soliciting interest from DBE firms. The 30 database is located under the Firm Certification section of the Diversity 31 Management and Compliance System web page at: 32 https://omwbe.diversitycompliance.com. 33 34 Commercially Useful Function (CUF) — 49 CFR 26.55(c)(1) defines 35 commercially useful function as: "A DBE performs a commercially useful function I 36 when it is responsible for execution of the work of the contract and is carrying 37 out its responsibilities by actually performing, managing, and supervising the 38 work involved. To perform a commercially useful function, the DBE must also be I 39 responsible, with respect to materials and supplies used on the contract, for 40 negotiating price, determining quality and quantity, ordering the material, and 41 installing (where applicable) and paying for the material itself To determine 42 whether a DBE is performing a commercially useful function, you must evaluate 43 the amount of work subcontracted, industry practices, whether the amount the 44 firm is to be paid under the contract is commensurate with the work it is actually 45 performing and the DBE credit claimed for its performance of the work, and other 46 relevant factors." 47 48 Disadvantaged Business Enterprise (DBE) —A business firm certified by the I 49 Washington State Office of Minority and Women's Business Enterprises, as 50 meeting the criteria outlined in 49 CFR 26 regarding DBE certification. A 51 Underutilized Disadvantaged Business Enterprise (UDBE) firm is a subset of I 52 DBE. MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 36 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)