Always Active Services 1/23/2023

I 1 Procedures between Award and Execution 2 After Award and prior to Execution, the Contractor shall provide the additional 1 3 information described below. Failure to comply shall result in the forfeiture of the 4 Bidder's Proposal bond or deposit. 5 I 6 1. A list of all firms who submitted a bid or quote in attempt to participate in 7 this project whether they were successful or not. Include the business 8 name and mailing address. 9111 10 Note: The firms identified by the Contractor may be contacted by the 11 Contracting Agency to solicit general information as follows: age of the , 12 firm and average of its gross annual receipts over the past three years. 13 14 Procedures after Execution 15 Commercially Useful Function (CUF) I 16 The Contractor may only take credit for the payments made for Work performed 17 by a DBE that is determined to be performing a CUF. Payment must be 18 commensurate with the work actually performed by the DBE. This applies to all 19 DBEs performing Work on a project, whether or not the DBEs are COA, if the 20 Contractor wants to receive credit for their participation. The Engineer will 21 conduct CUF reviews to ascertain whether DBEs are performing a CUE. A DBE 22 performs a CUF when it is carrying out its responsibilities of its contract by 23 actually performing, managing, and supervising the Work involved. The DBE 24 must be responsible for negotiating price; determining quality and quantity; 25 ordering the material, installing (where applicable); and paying for the material 26 itself. If a DBE does not perform "all" of these functions on a furnish-and-install 27 contract, it has not performed a CUF and the cost of materials cannot be counted 28 toward DBE COA Goal. Leasing of equipment from a leasing company is 29 allowed. However, leasing/purchasing equipment from the Contractor is not 30 allowed. Lease agreements shall be provided prior to the Subcontractor 31 beginning Work. Any use of the Contractor's equipment by a DBE may not be 32 credited as countable participation. 33 34 The DBE does not perform a CUF if its role is limited to that of an extra 35 participant in a transaction, contract, or project through which the funds are 36 passed in order to obtain the appearance of DBE participation. 37 I 38 In order for a DBE traffic control company to be considered to be performing a 39 CUF, the DBE must be in control of its work inclusive of supervision. The DBE 40 shall employ a Traffic Control Supervisor who is directly involved in the 41 management and supervision of the traffic control employees and services. 42 43 The following are some of the factors that the Engineer will use in determining 44 whether a DBE trucking company is performing a CUF: 45 46 • The DBE shall be responsible for the management and supervision of 47 the entire trucking operation for which it is responsible on the contract. 48 The owner demonstrates business related knowledge, shows up on 49 site and is determined to be actively running the business. 50 I I FLEMING BICYCLE CORRIDOR 44 PW 3767 November 15, 2022