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I <br /> 1 PO Box 47314 <br /> 2 310 Maple Park Ave. SE <br /> 3 Olympia WA <br /> 4 98504-7314 <br /> I <br /> 5 Ph: 360-705-7090 <br /> 6 Fax: 360-705-6801 <br /> 7 http://www.wsdot.wa.gov/equalopportunity/default.htm <br /> I 8 <br /> 9 F1-07.11.OptionB.docx <br /> 10 1-07.11 Requirements for Nondiscrimination <br /> I 11 (October 1, 2020 APWA GSP, Option B) <br /> 12 <br /> 13 Supplement this section with the following: <br /> 14 <br /> I15 Disadvantaged Business Enterprise Participation <br /> 16 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and <br /> 17 USDOT's official interpretations (i.e., Questions & Answers) apply to this Contract. <br /> I18 Demonstrating compliance with these Specifications is a Condition of Award (COA)of this <br /> 19 Contract. Failure to comply with the requirements of this Specification may result in your <br /> 20 Bid being found to be nonresponsive resulting in rejection or other sanctions as provided <br /> 21 by Contract. <br /> 22 <br /> 23 DBE Abbreviations and Definitions <br /> I 24 Broker—A business firm that provides a bona fide service, such as professional, <br /> 25 technical, consultant or managerial services and assistance in the procurement <br /> 26 of essential personnel, facilities, equipment, materials, or supplies required for <br /> I 27 the performance of the Contract; or, persons/companies who arrange or <br /> 28 expedite transactions. <br /> 29 <br /> I 30 Certified Business Description — Specific descriptions of work the DBE is <br /> 31 certified to perform, as identified in the Certified Firm Directory, under the Vendor <br /> 32 Information page. <br /> 33 <br /> I34 Certified Firm Directory — A database of all Minority, Women, and <br /> 35 Disadvantaged Business Enterprises currently certified by Washington State. <br /> 36 The on-line Directory is available to Bidders for their use in identifying and <br /> I 37 soliciting interest from DBE firms. The database is located under the Firm <br /> 38 Certification section of the Diversity Management and Compliance System web <br /> 39 page at: https://omwbe.diversitycompliance.com. <br /> I 40 <br /> 41 Commercially Useful Function (CUF) — 49 CFR 26.55(c)(1) defines <br /> 42 commercially useful function as: "A DBE performs a commercially useful function <br /> 1 43 when it is responsible for execution of the work of the contract and is carrying <br /> 44 out its responsibilities by actually performing, managing, and supervising the <br /> 45 work involved. To perform a commercially useful function, the DBE must also be <br /> I 46 responsible, with respect to materials and supplies used on the contract, for <br /> 47 negotiating price, determining quality and quantity, ordering the material, and <br /> 48 installing (where applicable) and paying for the material itself. To determine <br /> 49 whether a DBE is performing a commercially useful function, you must evaluate <br /> I50 the amount of work subcontracted, industry practices, whether the amount the <br /> 51 firm is to be paid under the contract is commensurate with the work it is actually <br /> I <br /> 2023 FEDERAL OVERLAY <br /> FEDERAL AID#STBGUL-2715(011) <br /> IWO#3788 March 2,2023 SP-29 <br />