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I <br /> The following are some examples of what may be counted as DBE participation. In I <br /> all cases the DBE must be certified for the work being considered and must be <br /> capable of performing a CUF during the execution of the Work. <br /> DBE Prime Contractor <br /> A DBE Contractor may only take credit for that portion of the total dollar value <br /> of the Contract equal to the distinct, clearly defined portion of the Work that the111 <br /> DBE performs with its own forces. <br /> DBE Subcontractor <br /> 111 <br /> Only that portion of the total dollar value of the subcontract equal to the <br /> distinct, clearly defined portion of the Work that the DBE performs with its own <br /> forces. Include the cost of supplies and materials obtained by the DBE for its <br /> work on the contract, and equipment leased by the DBE. <br /> DBEs may lease equipment from non-DBE firms (except from the prime <br /> contractor or its affiliates). DBE credit will not be given in instances where the <br /> equipment lease includes the operator. The DBE is expected to operate the <br /> equipment used in the performance of its work under the contract, with its own <br /> forces. Formal lease agreements are required and should be on a long-term <br /> basis. Equipment leased by the DBE on an ad-hoc basis requires contracting <br /> agency approval. Situations where equipment is leased and used by the DBE, <br /> but payment is deducted from the Contractor's payment to the DBE is not <br /> allowed. <br /> The supplies, materials, and equipment purchased or leased from the <br /> Contractor or its affiliates shall not be credited (including any Contractor's <br /> resources made available to DBE subcontractors at no cost). <br /> If a DBE subcontracts a portion of the Work of its contract to another firm, the <br /> value of the subcontracted Work may be counted toward the DBE COA Goal <br /> only if the DBE's Lower-Tier Subcontractor is also a DBE. Work subcontracted <br /> to a non-DBE does not count towards the DBE COA Goal. <br /> Count expenditures toward DBE COA Goal only if the DBE is performing a <br /> commercially useful function (CUF) on that contract. <br /> DBE Subcontract and Lower Tier Subcontract Documents <br /> There must be a subcontract agreement that complies with 49 CFR Part 26 <br /> and fully describes the distinct elements of Work committed to be performed <br /> by the DBE. The subcontract agreement shall incorporate requirements of the <br /> primary Contract. Subcontract agreements of all tiers, including lease <br /> agreements shall be readily available at the project site for the Engineer <br /> review. <br /> DBE Broker/Packager <br /> The value of fees or commissions charged by a DBE Broker or a DBE <br /> behaving in a manner of a Broker for providing a bona fide service, such as <br /> professional, technical, consultant, managerial services, or for providing bonds <br /> or insurance specifically required for the performance of the contract will only 111 <br /> be credited towards meeting the DBE COA Goal if the fee/commission is <br /> 1 <br /> CITYWIDE INTERSECTION SIGNING <br /> FED AID#HSIP-000S(439);COE#3628 34 November 16, 2016 <br />