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1 Crediting DBE Participation <br /> 2 Subcontractors proposed as COA must be certified prior to the due date for bids on <br /> 3 the Contract. All non-COA DBE Subcontractors shall be certified before the I <br /> 4 subcontract on which they are participating is executed. <br /> 5 <br /> 6 DBE participation is only credited upon payment to the DBE. <br /> 7 <br /> 8 The following are some definitions of what may be counted as DBE participation. <br /> 9 <br /> 10 DBE Prime Contractor <br /> 11 Only take credit for that portion of the total dollar value of the Contract equal to <br /> 12 the distinct, clearly defined portion of the Work that the DBE Prime Contractor <br /> 13 performs with its own forces and is certified to perform. <br /> 14 <br /> 15 DBE Subcontractor <br /> 16 Only take credit for that portion of the total dollar value of the subcontract that is I <br /> 17 equal to the distinct, clearly defined portion of the Work that the DBE performs <br /> 18 with its own forces and is certified to perform. The value of work performed by <br /> 19 the DBE includes the cost of supplies and materials purchased by the DBE and I <br /> 20 equipment leased by the DBE, for its work on the contract. Supplies, materials <br /> 21 or equipment obtained by a DBE that are not utilized or incorporated in the <br /> 22 contract work by the DBE will not be eligible for DBE credit. <br /> 23 <br /> 24 The supplies, materials, and equipment purchased or leased from the <br /> 25 Contractor or its affiliate, including any Contractor's resources available to DBE <br /> 26 subcontractors at no cost, shall not be credited. <br /> 27 <br /> 28 DBE credit will not be given in instances where the equipment lease includes <br /> 29 the operator. The DBE is expected to operate the equipment used in the I <br /> 30 performance of its work under the contract with its own forces. Situations where <br /> 31 equipment is leased and used by the DBE, but payment is deducted from the <br /> 32 Contractor's payment to the DBE is not allowed. <br /> 33 <br /> 34 When the subcontractor is part of a UDBE Commitment, the following apply: <br /> 35 <br /> 36 1. If a UDBE subcontracts a portion of the Work of its contract to another <br /> 37 firm, the value of the subcontracted Work may be counted toward the <br /> 38 UDBE COA Goal only if the Lower-Tier Subcontractor is also a UDBE. <br /> 39 <br /> 40 2. Work subcontracted to a Lower-Tier Subcontractor that is a DBE, but not <br /> 41 a UDBE, may be counted as DBE participation but not counted toward <br /> 42 the UDBE COA Goal. <br /> 43 <br /> 44 3. Work subcontracted to a non-DBE does not count towards the UDBE <br /> 45 COA Goal nor DBE participation. ' <br /> 46 <br /> 47 DBE Subcontract and Lower Tier Subcontract Documents <br /> 48 There must be a subcontract agreement that complies with 49 CFR Part 26 and I <br /> 49 fully describes the distinct elements of Work committed to be performed by the <br /> 50 DBE. <br /> 51 <br /> MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 38 OF 106 SPECIAL PROVISIONS—Addendum 1 <br /> WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008) <br />