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<br /> <br /> <br /> <br /> <br /> <br /> <br />Local Assistance Procedures Manual EXHBIT 10-1 <br />Notice to Proposers DBE Information <br />D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined <br />portions thereof. Responsibility means actually performing, managing, and supervising the work with its <br />own forces. The DBE joint venture partner must share in the capital contribution, control, management, <br />risks and profits of the joint venture commensurate with its ownership interest. <br />E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must <br />be responsible for the execution of a distinct element of the work and must carry out its responsibility by <br />actually performing, managing and supervising the work. <br />F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and <br />all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. <br />G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the <br />DBE participation except that portion of the work to be performed by non-DBE subconsultants. <br />5. RESOURCES <br />A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. <br />If you believe a firm is certified that cannot be located on the database, please contact the Caltrans <br />Office of Certification toll free number 1-866-810-6346 for assistance. <br />B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website <br />1. Click on the link titled Disadvantaged Business Enterprise; <br />2. Click on Search for a DBE Firm link; <br />3. Click on Access to the DBE Query Form located on the first line in the center of the page. <br />Searches can be performed by one or more criteria. Follow instructions on the screen. <br />6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING <br />CONDITIONS: <br />A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the <br />materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or <br />establishment that produces on the premises the materials, supplies, articles, or equipment required <br />under the Contract and of the general character described by the specifications. <br />B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the <br />materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, <br />warehouse, or other establishment in which the materials, supplies, articles or equipment of the general <br />character described by the specifications and required under the Contract are bought, kept in stock, and <br />regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the <br />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 <br />dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, <br />operating or maintaining a place of business provided in this section. <br />C. If the person both owns and operates distribution equipment for the products, any supplementing of <br />regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc <br />or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other <br />persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this <br />section. <br />D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will <br />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 <br />on the job site, provided the fees are reasonable and not excessive as compared with fees charged for <br />similar services. <br />Page 2 of 2 <br />January 2020 <br />EXHIBIT 1