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4. DBE PARTICIPATION GENERAL INFORMATION EXHIBIT D <br />It is the Offerer's responsibility to be fully informed regarding the requirements of 49 <br />CFR, Part 26, and the Department's (California Department of Transportation) DBE <br />program developed pursuant to the regulations. Particular attention is directed to the following: <br />A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified <br />through the California Unified Certification Program (CUCP). <br />B. A certified DBE may participate as a prime contractor, subcontractor, joint venture <br />partner, as a vendor of material or supplies, or as a trucking company. <br />C. A UDBE bidder, not bidding as a joint venture with a non-DBE, will be required to <br />document one or a combination of the following: <br />1. The bidder is a UDBE and will meet the goal by performing work with its own <br />forces. <br />2. The bidder will meet the goal through work performed by UDBE <br />subcontractors, suppliers or trucking companies. <br />3. The bidder, prior to bidding, made adequate good faith efforts to meet the <br />goal. <br />D. A DBE joint venture partner must be responsible for specific contract items of work or clearly <br />defined portions thereof. Responsibility means actually performing, managing and supervising <br />the work with its own forces. The DBE joint venture partner must share in the capital <br />contribution, control, management, risks and profits of the joint venture commensurate with its <br />ownership interest. <br />E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55; that is, a DBE <br />firm must be responsible for the execution of a distinct element of the work and must carry out <br />its responsibility by actually performing, managing and supervising the work. <br />F. The bidder (prime contractor) shall list only one subcontractor for each portion of work as <br />defined in their bid/proposal and all DBE subcontractors should be listed in the bid/cost <br />proposal list of subcontractors <br />G. An Offerer who is a certified DBE is eligible to claim all of the work in the Agreement toward <br />the DBE participation except that portion of the work to be performed by non-DBE <br />subcontractors. <br />Page 39 of 48 <br />19H-43