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B. A DBE may participate as a prime contractor. subcontractor, joint venture partner with a prime or subcontractor,
<br /> vendor of material or supplies, or as a trucking company;
<br /> C. A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a
<br /> combination of the following:
<br /> 1. The bidder will meet the goal by performing work with its own forces.
<br /> 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking
<br /> companies.
<br /> 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal.
<br /> D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. •
<br /> Responsibility means actually performing, managing and supervising the work with its own forces. The DBE
<br /> joint venture partner must share in the capital contribution, control, management, risks and profits of the joint
<br /> venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE
<br /> Information form required in the Section entitled "Submission of DBE Information" of these special provisions;
<br /> E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct
<br /> element of the work and must carry out its responsibility by actually performing, managing and supervising the
<br /> work;
<br /> F. DBEs must be certified by either the California Department of Transportation. or by a participating agency
<br /> which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening.
<br /> It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available
<br /> from the following sources:
<br /> I. The Department's DBE Directory, which is published quarterly. This Directory may be obtained from the
<br /> Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks
<br /> Drive, Sacramento, California 95815, Telephone: (916) 445 -3520;
<br /> 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is
<br /> updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business
<br /> Enterprise Program at Telephone: (916) 227 -8937 and obtaining a user identification and password;
<br /> 3. The Department's web site at http: / /www.dot.ca.gov /hq /bep /index.htm;
<br /> G. Credit for materials or supplies purchased from DBEs will be as follows:
<br /> 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials
<br /> or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a
<br /> factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment
<br /> required under the contract and of the general character described by the specifications.
<br /> 2. If the materials or supplies are purchased from a DBE regular dealer. 60 percent of the cost of the materials
<br /> or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or
<br /> maintains a store. warehouse. or other establishment in which the materials, supplies, articles or equipment
<br /> of the general character described by the specifications and required under the contract are bought. kept in
<br /> stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer,
<br /> the firm must be an established, regular business that engages. as its principal business and under its own
<br /> name. in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer
<br /> in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating,
<br /> or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates
<br /> distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment
<br /> shall be by a long -term lease agreement and not on an ad hoc or contract -by- contract basis. Packagers,
<br /> brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE
<br /> regular dealers within the meaning of this paragraph G.2.
<br /> 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer
<br /> will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the
<br /> materials and supplies. or fees or transportation charges for the delivery of materials or supplies required on
<br /> a job site. provided the fees are reasonable and not excessive as compared with fees charged for similar
<br /> services.
<br /> Rev. 8 -00 Page 59 Special Provisions — Section 2
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