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E. Race-Neutral DBE Submission and Ongoing Reporting Requirements (Post-Award).
<br />CONTRACTOR shall complete and submit the following DBE exhibits (forms) at the times
<br />specified: "Monthly Race-Neutral DBE SUBCONTRACTORS Paid Report Summary and Payment
<br />Verification" (Form 103). If CONTRACTOR is a DBE firm and/or has proposed to utilize DBE firms,
<br />CONTRACTOR will be required to complete and submit a Form 103 to AUTHORITY by the 10th of each
<br />month until completion of the contract to facilitate reporting of race-neutral DBE participation, following the
<br />first month of contract activity. CONTRACTOR shall report the total dollar value paid to DBEs for the
<br />applicable reporting period. CONTRACTOR shall also report the DBE's scope of work and the total
<br />subcontract value of commitment for each DBE reported. CONTRACTOR is advised not to report the
<br />participation of DBEs toward CONTRACTOR's race-neutral DBE attainment until the amount being
<br />counted has been paid to the DBE. Upon completion of the contract, CONTRACTOR will be required to
<br />prepare and submit to the Authority a "Race-Neutral DBE SUBCONTRACTORS Paid Report Summary
<br />and Payment Verification" (Form 103) clearly marked "Final" to facilitate reporting and capturing actual
<br />DBE race-neutral attainments. CONTRACTOR shall complete and submit a Final Form 103 whether or
<br />not DBEs were utilized in the performance of the contract.
<br />F. DBE Eligibility and Commercially Useful Function Standards: A DBE must be a small
<br />business concern as defined pursuant to Section 3 of the U.S. Small Business Act and relevant regulations
<br />promulgated pursuant thereto. A DBE may participate as a prime CONTRACTOR, SUBCONTRACTOR, joint
<br />venture partner with a prime or SUBCONTRACTOR, CONTRACTOR of material or supplies, or as a trucking
<br />company. 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 the work with
<br />its 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. A DBE must perform a
<br />commercially useful function in accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of
<br />a distinct element of the work and must carry out its responsibility by actually performing, managing and
<br />supervising the work). A DBE should perform at least thirty percent (30%) of the total cost of its contract with
<br />its own workforce to presume it is performing a commercially useful function. DBEs must be certified by the
<br />California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from
<br />the following sources: The CUCP web site, which can be accessed at hftp://www.californiaucp.com; or the
<br />Caltrans "Civil Rights" web site at hftp://www.dot.ca.gov/hq/bep. The CUCP DBE Directory, which may be
<br />obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit,
<br />1900 Royal Oaks Drive, Sacramento, California 95815; Telephone: (916) 445-3520.
<br />G. DBE Crediting Provisions: When a DBE is proposed to participate in the contract, either as a
<br />prime CONTRACTOR or SUBCONTRACTOR, only the value of the work proposed to be performed by the
<br />DBE with its own forces may be counted towards race-neutral DBE participation. If CONTRACTOR is a DBE
<br />joint venture participant, only the DBE proportionate interest in the joint venture shall be counted. If a DBE
<br />intends to subcontract part of the work of its subcontract to a lower tier SUBCONTRACTOR, the value of the
<br />subcontracted work may be counted toward race-neutral DBE participation only if the DBE
<br />SUBCONTRACTOR is a certified DBE and actually performs the work with their own forces. Services
<br />subcontracted to a non-DBE firm may not be credited toward the prime CONTRACTOR's race-neutral DBE
<br />attainment. CONTRACTOR is to calculate and credit participation by eligible DBE CONTRACTORs of
<br />equipment, materials, and suppliers toward race-neutral DBE attainment, as follows: Sixty percent (60%) of
<br />expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a regular
<br />dealer; or One hundred percent (100%) of expenditure(s) for equipment, materials and supplies required
<br />under the Contract, obtained from a DBE manufacturer. The following types of fees or commissions paid to
<br />DBE SUBCONTRACTORS, Brokers, and Packagers may be credited toward the prime CONTRACTOR's
<br />race-neutral DBE attainment, provided that the fee or commission is reasonable, and not excessive, as
<br />compared with fees or commissions customarily allowed for similar work, including: Fees and commissions
<br />charged for providing bona fide professional or technical services, or procurement of essential personnel,
<br />facilities, equipment, materials, or supplies required in the performance of the Contract; Fees charged for
<br />delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed
<br />hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and
<br />supplies; Fees and commissions charged for providing any insurance specifically required in the performance
<br />of the Contract. CONTRACTOR may count the participation of DBE trucking companies toward race-neutral
<br />DBE attainment, as follows: The DBE must be responsible for the management and supervision of the entire
<br />trucking operation for which it is responsible on a particular contract. The DBE must itself own and operate at
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