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REQUIREMENTS AND INSTRUCTIONS <br />1. TERMS AS USED IN THIS DOCUMENT <br />• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business <br />concern owned and controlled by a socially and economically disadvantaged person(s) as <br />defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). <br />• The term "Underutilized Disadvantaged Business Enterprise" or "UDBE" is a firm <br />meeting the definition of a DBE as specified in 49 CFR and is one of the following <br />groups: <br />o Black American <br />o Asian-Pacific American <br />o Native American <br />• The term "bidder" also means "proposer" or "offerer." <br />• The term "Agreement" also means "Contract." <br />• The term "Agency" also means the local entity entering into this contract with the <br />Contractor or Consultant. <br />• The term "Small Business" or "SB" is as defined in 49 CFR 26.65. <br />2. AUTHORITY AND RESPONSIBILITY <br />A. DBEs and other small businesses are strongly encouraged to participate in the <br />performance of Agreements financed in whole or in part with federal funds (See 49 CFR <br />26, "Participation by Disadvantaged Business Enterprises in Department of Transportation <br />Financial Assistance Programs"). The Offerer should ensure that DBEs and other small <br />businesses have the opportunity to participate in the performance of the work that is the <br />subject of this solicitation and should take all necessary and reasonable steps for this <br />assurance. The Offerer shall not discriminate on the basis of race, color, national origin, or <br />sex in the award and performance of subcontracts. <br />B. Offerer's are encouraged to use services offered by financial institutions owned and <br />controlled by DBEs. <br />3. SUBMISSION OF UDBE AND DBE INFORMATION <br />"Enclosure 4a" Local Agency Proposer UDBE (Consultant Contract) Commitment" <br />If there is a UDBE goal on the contract, a "Local Agency Proposer UDBE (Consultant <br />Contract) Commitment" form shall be included in the Request for Proposal. In order for an <br />Offerer to be considered responsible and responsive, the Offerer must make good faith efforts <br />to meet the goal established for the contract. If the goal is not met, the bidder/proposer must <br />document adequate good faith efforts. Only UDBE participation will be counted towards the <br />contract goal; however, all DBE participation shall be collected and reported. <br />EXHIBIT D <br />Page 37 of 48 <br />19H-41