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I <br /> 1 Crediting DBE Participation I <br /> 2 All DBE Subcontractors shall be certified before the subcontract on which they are <br /> 3 participating is executed. <br /> 4 <br /> 5 Be advised that although a firm is listed in the directory, there are cases where the listed <br /> 6 firm is in a temporary suspension status. The Contractor shall review the OMWBE <br /> 7 Suspended DBE Firms list. A DBE firm that is included on this list may not enter into <br /> 8 new contracts that count towards participation. <br /> 9 I 10 DBE participation is only credited upon payment to the DBE. <br /> 11 <br /> 12 The following are some definitions of what may be counted as DBE participation. <br /> 13 <br /> 14 DBE Prime Contractor <br /> 15 Only take credit for that portion of the total dollar value of the Contract equal to the <br /> 16 distinct, clearly defined portion of the Work that the DBEPrime Contractor <br /> 17 performs with its own forces and is certified to perform. I <br /> 18 <br /> 19 DBE Subcontractor <br /> 20 Only take credit for that portion of the total dollar value of the subcontract equal to <br /> 21 the distinct, clearly defined portion of the Work that the DBE performs with its own <br /> 22 forces. The value of work performed by the DBE includes the cost of supplies and <br /> 23 materials purchased by the DBE and equipment leased by the DBE, for its work <br /> 24 on the contract. Supplies, materials or equipment obtained by a DBE that are not <br /> 25 utilized or incorporated in the contract work by the DBE will not be eligible for DBE <br /> 26 credit. <br /> 27 <br /> 28 The supplies, materials, and equipment purchased or leased from the Contractor <br /> 29 or its affiliate, including any Contractor's resources available to DBE <br /> 30 subcontractors at no cost, shall not be credited. <br /> 31 <br /> 32 DBE credit will not be given in instances where the equipment lease includes the <br /> 33 operator. The DBE is expected to operate the equipment used in the performance <br /> 34 of its work under the contract with its own forces. Situations where equipment is <br /> 35 leased and used by the DBE, but payment is deducted from the Contractor's <br /> 36 payment to the DBE is not allowed. <br /> 37 <br /> 38 If a DBE subcontracts a portion of the Work of its contract to another firm, the <br /> 39 value of the subcontracted Work may be credited only if the DBE's Lower-Tier <br /> 40 Subcontractor is also a DBE. Work subcontracted to a non-DBE shall not be <br /> 41 credited. <br /> 42 <br /> 43 Count expenditures toward race/gender-neutral participation only if the DBE is <br /> 44 performing a CUF on the contract. <br /> 45I46 DBE Subcontract and Lower Tier Subcontract Documents <br /> 47 There must be a subcontract agreement that complies with 49 CFR Part 26 and <br /> 48 fully describes the distinct elements of Work committed to be performed by the <br /> 49 DBE. The subcontract agreement shall incorporate requirements of the primary <br /> WEST MARINE VIEW DRIVE UTILITIES PAGE 41 OF 117 August 2018 <br /> WORK ORDER#3588 <br /> SPECIAL PROVISIONS <br /> I <br />