Always Active Services 1/23/2023

I 1 PO Box 47314 I 2 310 Maple Park Ave. SE 3 Olympia WA 4 98504-7314 I 5 Ph: 360-705-7090 6 Fax: 360-705-6801 7 http://www.wsdot.wa.qov/equalopportunity/default.htm I 8 9 1-07.11.0ptionB.RTF 10 1-07.11 Requirements for Nondiscrimination I11 (October 1, 2020 APWA GSP, Option B) 12 13 Supplement this section with the following: 14 15 Disadvantaged Business Enterprise Participation 16 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and 17 USDOT's official interpretations (i.e., Questions & Answers) apply to this Contract. 18 Demonstrating compliance with these Specifications is a Condition of Award (COA)of this 19 Contract. Failure to comply with the requirements of this Specification may result in your 20 Bid being found to be nonresponsive resulting in rejection or other sanctions as provided I 21 22 by Contract. 23 DBE Abbreviations and Definitions 24 Broker—A business firm that provides a bona fide service, such as professional, 25 technical, consultant or managerial services and assistance in the procurement 26 of essential personnel, facilities, equipment, materials, or supplies required for I 27 the performance of the Contract; or, persons/companies who arrange or 28 expedite transactions. 29 30 Certified Business Description — Specific descriptions of work the DBE is I 31 certified to perform, as identified in the Certified Firm Directory, under the Vendor 32 Information page. 33 I 34 Certified Firm Directory — A database of all Minority, Women, and 35 Disadvantaged Business Enterprises currently certified by Washington State. 36 The on-line Directory is available to Bidders for their use in identifying and I 37 soliciting interest from DBE firms. The database is located under the Firm 38 Certification section of the Diversity Management and Compliance System web 39 page at: https://omwbe.diversitycompliance.com. 40 I 41 Commercially Useful Function (CUF) — 49 CFR 26.55(c)(1) defines 42 commercially useful function as: "A DBE performs a commercially useful function 43 when it is responsible for execution of the work of the contract and is carrying 111 44 out its responsibilities by actually performing, managing, and supervising the 45 work involved. To perform a commercially useful function, the DBE must also be 46 responsible, with respect to materials and supplies used on the contract, for I 47 negotiating price, determining quality and quantity, ordering the material, and 48 installing (where applicable) and paying for the material itself. To determine 49 whether a DBE is performing a commercially useful function, you must evaluate I 50 the amount of work subcontracted, industry practices, whether the amount the 51 firm is to be paid under the contract is commensurate with the work it is actually I FLEMING BICYCLE CORRIDOR 35 IPW 3767 November 15,2022