McCann Construction Enterprises Inc 11/7/2018

I 1 Contractors for their use in identifying and soliciting interest from DBE firms. The I 2 database is located under the Firm Certification section of the Diversity 3 Management and Compliance System web page at: 4 https://omwbe.diversitycompliance.com. 111 5 6 Commercially Useful Function (CUF) 7 49 CFR 26.55(c)(1) defines commercially useful function as: "A DBE performs 8 a commercially useful function when it is responsible for execution of the work 9 of the contract and is carrying out its responsibilities by actually performing, 10 managing, and supervising the work involved. To perform a commercially useful I 11 function, the DBE must also be responsible, with respect to materials and 12 supplies used on the contract, for negotiating price, determining quality and 13 quantity, ordering the material, and installing (where applicable) and paying for I 14 the material itself. To determine whether a DBE is performing a commercially 15 useful function, you must evaluate the amount of work subcontracted, industry 16 practices, whether the amount the firm is to be paid under the contract is 17 commensurate with the work itis actually performing and the DBE credit claimed 18 for its performance of the work, and other relevant factors." 19 I 20 Contract— For this Special Provision only, this definition supplements Section 21 1-01.3. 49 CFR 26.5 defines contract as: "... a legally binding relationship 22 obligating a seller to furnish supplies or services (including, but not limited to, 23 construction and professional services) and the buyer to pay for them. For 24 purposes of this part, a lease is considered to be a contract.' 25 26 Disadvantaged Business Enterprise (DBE) —A business firm certified by the I 27 Washington State Office of Minority and Women's Business Enterprises, as 28 meeting the criteria outlined in 49 CFR 26 regarding DBE certification. A 29 Underutilized Disadvantaged Business Enterprise (UDBE) firm is a subset of 30 DBE. 31 32 Force Account Work — Work measured and paid in accordance with Section 33 1-09.6. 34 35 Manufacturer (DBE) — A DBE firm that operates or maintains a factory or 36 establishment that produces on the premises the materials, supplies, articles, 37 or equipment required under the Contract. A DBE Manufacturer shall produce 38 finished goods or products from raw or unfinished material or purchase and 39 substantially alters goods and materials to make them suitable for construction 40 use before reselling them. 41 42 Regular Dealer (DBE) —A DBE firm that owns, operates, or maintains a store, Il 43 warehouse, or other establishment in which the materials or supplies required 44 for the performance of a Contract are bought, kept in stock, and regularly sold 45 to the public in the usual course of business. To be a Regular Dealer, the DBE 46 firm must be an established regular business that engages in as its principal 47 business and in its own name the purchase and sale of the products in question. 48 A Regular Dealer in such items as steel, cement, gravel, stone, and petroleum 111 49 products need not own, operate or maintain a place of business if it both owns 50 and operates distribution equipment for the products. Any supplementing of 51 regular dealers' own distribution equipment shall be by long-term formal lease N. BROADWAY TRANSIT IMPROVEMENT PROJECT I STATE FUND#GCB2316; COE WO#3644 38 August 8, 2018