Always Active Services 1/23/2023

I 1 that the Bidder must commit to by submission of the Utilization Certification Form I 2 and/or by Good Faith Effort (GFE). 3 4 DBE COA Goal ' 5 6 The Contracting Agency has established a DBE COA Goal for this Contract in the amount of: *** seventeen (17) percent *** 7 I 8 Crediting DBE Participation 9 Subcontractors proposed as COA must be certified prior to the due date for bids on 10 the Contract. All non-COA DBE Subcontractors shall be certified before the 11 subcontract on which they are participating is executed. 12 13 DBE participation is only credited upon payment to the DBE. 14 I15 16 The following are some definitions of what may be counted as DBE participation. 17 DBE Prime Contractor 18 Only take credit for that portion of the total dollar value of the Contract equal to 19 the distinct, clearly defined portion of the Work that the DBE Prime Contractor 20 performs with its own forces and is certified to perform. I 21 22 DBE Subcontractor 23 Only take credit for that portion of the total dollar value of the subcontract that is 24 equal to the distinct, clearly defined portion of the Work that the DBE performs I 25 with its own forces and is certified to perform. The value of work performed by 26 the DBE includes the cost of supplies and materials purchased by the DBE and 27 equipment leased by the DBE, for its work on the contract. Supplies, materials I 28 or equipment obtained by a DBE that are not utilized or incorporated in the 29 contract work by the DBE will not be eligible for DBE credit. 30 I 31 32 The supplies, materials, and equipment purchased or leased from the Contractor or its affiliate, including any Contractor's resources available to DBE 33 subcontractors at no cost, shall not be credited. I 34 35 DBE credit will not be given in instances where the equipment lease includes 36 the operator. The DBE is expected to operate the equipment used in the 37 performance of its work under the contract with its own forces. Situations where 38 equipment is leased and used by the DBE, but payment is deducted from the 39 Contractor's payment to the DBE is not allowed. 40 41 When the subcontractor is part of a DBE Commitment, the following apply: 42 43 1. If a DBE subcontracts a portion of the Work of its contract to another I 44 45 firm, the value of the subcontracted Work may be counted toward the DBE COA Goal only if the Lower-Tier Subcontractor is also a DBE. 46 I 47 2. Work subcontracted to a Lower-Tier Subcontractor that is a DBE, may 48 be counted toward the DBE COA Goal. 49 50 3. Work subcontracted to a non-DBE does not count towards the DBE 51 COA Goal. I FLEMING BICYCLE CORRIDOR 37 IPW 3767 November 15, 2022