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1 DBE, the DBE is not performing a Commercially Useful Function <br /> 2 (CUF). <br /> 3 <br /> 4 6. In any lease or owner-operator situation, as described in requirement <br /> 5 #4 and #5 above, the following rules shall apply: <br /> 6 <br /> 7 a. A written lease/rental agreement is required for all trucks <br /> 8 leased or rented; documenting the ownership and the terms <br /> 9 of the agreement. The agreements must be submitted and <br /> 10 approved by the Contracting Agency prior to the beginning <br /> 11 of the Work. The agreement must show the leaser's name, <br /> 12 truck description and agreed upon amount and method of <br /> 13 payment (hour, ton, or per load). All lease agreements shall <br /> 14 be for a long-term relationship, rather than for the individual <br /> 15 project. (This requirement does not apply to owner-operator <br /> 16 arrangements.) <br /> 17 <br /> 18 b. Only the vehicle, (not the operator) may be leased or rented. <br /> 19 (This requirement does not apply to owner-operator <br /> 20 arrangements). <br /> 21 <br /> 22 7. Credit may only be claimed for DBE trucking firms operating under a <br /> 23 subcontract or a written agreement approved by the Contracting <br /> 24 Agency prior to performing Work. <br /> 25 <br /> 26 Expenditures paid to other DBEs <br /> 27 Expenditures paid to other DBEs for materials or supplies may be counted <br /> 28 toward DBE goals as provided in the following: <br /> 29 <br /> 30 Manufacturer <br /> 31 You may claim DBE credit for 100 percent of value of the materials or <br /> 32 supplies obtained from a DBE manufacturer. <br /> 33 <br /> 34 A manufacturer is a firm that operates or maintains a factory or <br /> 35 establishment that produces, on the premises, the materials, supplies, <br /> 36 articles, or equipment required under the contract. A manufacturer shall <br /> 37 include firms that produce finished goods or products from raw or <br /> 38 unfinished material or that purchases and substantially alters goods and <br /> 39 materials to make them suitable for construction use before reselling <br /> 40 them. <br /> 41 <br /> 42 In order to receive credit as a DBE Manufacturer, the firm must be <br /> 43 certified by OMWBE as a manufacturer in a NAICS code that falls within <br /> 44 the 31XXXX to 33XXXX classification. <br /> 45 <br /> 46 Regular Dealer <br /> 47 You may claim credit for 60 percent of the value of the materials or <br /> 48 supplies purchased from a DBE regular dealer. Rules applicable to <br /> 49 regular dealer status are contained in 49 CFR Part 26.55.e.2. <br /> 50 <br /> 51 To be considered a regular dealer you must meet the following criteria: <br /> HAWTHORNE ELEMENTARY <br /> SAFE ROUTES TO SCHOOL <br /> FED AID#SRTS-0420(021);COE#3540 SP-39 March 16, 2016 <br />