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1 • When a DBE subcontracts to another firm, the value of the <br /> 2 subcontracted Work may be counted as participation only if the DBE's <br /> 3 lower tier Subcontractor is also a DBE. Work that a DBE subcontracts <br /> 4 to a non-DBE firm shall not be credited. <br /> 5 <br /> 6 <br /> 7 • When non-DBE Subcontractor further subcontracts to a lower-tier <br /> 8 Subcontractor or supplier who is a certified DBE, then that portion of <br /> 9 the Work further subcontracted may be credited as DBE participation, <br /> 10 provided it is a distinct clearly defined portion of the Work that the DBE <br /> 11 is certified to perform and the DBE Subcontractor performs the Work <br /> 12 with its own forces. <br /> 13 <br /> 14 • If a firm is not certified as a DBE at the time of the execution of the <br /> 15 contract, their participation cannot be counted toward any DBE goals. <br /> 16 <br /> 17 Trucking <br /> 18 Use the following factors in determining DBE credit and whether a DBE <br /> 19 trucking company is performing a commercially useful function: <br /> 20 <br /> 21 1. The DBE must be responsible for the management and supervision <br /> 22 of the entire trucking operation for which credit is being claimed. <br /> 23 <br /> 24 2. The DBE must itself own and, with its own workforce, operate at least <br /> 25 one fully licensed, insured, and operational truck used on the <br /> 26 Contract. <br /> 27 <br /> 28 3. The DBE receives credit only for the value of the transportation <br /> 29 services it provides on the Contract using trucks it owns or leases, <br /> 30 licenses, insures, and operates with drivers it employs. For purposes <br /> 31 of this requirement a lease must indicate that the DBE has exclusive <br /> 32 use of and control over the truck. This does not preclude the leased <br /> 33 truck from working for others provided it is with the consent of the <br /> 34 DBE and the lease provides the DBE first priority for use of the <br /> 35 leased truck. Leased trucks must display the name and identification <br /> 36 number of the DBE. <br /> 37 <br /> 38 4. The DBE may lease trucks from another DBE firm including an <br /> 39 owner-operator provided they are certified as a DBE for trucking. The <br /> 40 DBE who leases trucks from another DBE may claim participation for <br /> 41 the total value of the transportation services the lessee DBE provides <br /> 42 on the Contract. <br /> 43 <br /> 44 5. The DBE may also lease trucks from a non-DBE firm and may enter <br /> 45 into an agreement with an owner-operator who is a non-DBE. The <br /> 46 DBE shall only receive credit for the number of additional non-DBE <br /> 47 trucks equal or less than the number of DBE trucks the firms owns or <br /> 48 has leased/subcontracted through another DBE trucking company. <br /> 49 The DBE must control the work of the non-DBE trucks. If the non- <br /> 50 DBE is performing the work without supervision of that work by the <br /> HAWTHORNE ELEMENTARY <br /> SAFE ROUTES TO SCHOOL <br /> FED AID#SRTS-0420(021);COE#3540 SP-38 March 16,2016 <br />