Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 • Providing services to help LBEs and SLBEs and other small businesses improve long- term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and achieve eventual self - sufficiency. IX. CERTIFICATION OF LBE AND SLBE FIRMS A. Certification. LBEs and SLBEs must be certified prior to Bid opening, except as otherwise approved by the Authority on a case by case basis, to determine whether the Prime Contractor has net the applicable LBE and SLBE Goals. A business seeking to be certified as an LBE or an SLBE must submit an application to the Authority. Each business seeking certification under this Program shall complete an application. The application shall be signed by the authorized representative of the business entity. if deemed appropriate, the Authority may conduct a site visit before certifying the firm. B. Recertification. Authority certification of an LBE or SLBE is valid for one (1) year from the month of certification and must be renewed annually. A certified LBE or SLBE shall initiate a streamlined annual recertification by submitting a written request to the Authority and stating, under penalty of perjury, that there has been no change in the ownership of the firm. A certified LBE or SLBE need not submit a new application for certification unless the firm does not make such a request for the streamlined annual recertification or if the annual recertification is denied. C. investigations and Challenges of LBE or SLBE Status. The Authority may initiate an investigation of any firm's certification, if it has reason to believe there is some question regarding the firm's eligibility as an LBE or an SLBE. While investigating a firm's certification, the Authority will follow the guidelines and procedures used by Caltrans for investigations and challenges of Disadvantaged Business Enterprises (DBEs). The Authority will investigate any protest or complaint made by a person, another firm, or an organization regarding the certification of an LBE or SLBE. Any protest shall be in writing to the Authority, must clearly delineate the character of the protest, and must state the reasons, including any evidence, on which the protester questions the validity of a LBE or SLBE certification. D. Decertification. Firms intentionally falsifying their status as an LBE or SLBE may be debarred from bidding on future Authority work for a period of up to three years. A list of firms decertified within the last three years by the Authority or Sponsoring Agencies is available upon request and will be sent to persons or businesses when the lists of certified LBE or SLBE firms are mailed. The Sponsoring Agency shall inform the Authority within five (5) working days of making a determination that it has reason to believe an organization has committed fraud in representing that it is an LBE or SLBE. The Sponsoring Agency shall report such organizations to the appropriate government authorities. x. JOINT VENTURES Whenever a Joint Venture involves LBEs or SLBEs, the Prime Consultant shall provide the Authority with a full account of the nature of the LBE or SLBE, the basis for creation of the Alameda County Transportation Improvement Authority Page E -9 Local Business Enterprise and Small Local Business Enterprise Program