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Chapter 4: Methods of Sclection <br />http:l~w~ww.fta.dot.gov/fta/library!admin/IIPPman/sect 40.htm <br />There are two practices for submission by offerors of DBE information: <br />• Offerors may be required to complete their DBE submissions, including either the list of proposed <br />DBE subcontractors and amounts or the proof of good faith efforts, with their offers; this is typical <br />of professional service contracts; or <br />• Offerors may be required only to promise compliance with the program in their offers, postponing <br />submission of the list of subcontractors (or proof af good faith effc~Rs) until determination of the <br />apparent low bidder, thus providing a"shopping period" and limiting the subcontracting expense to <br />the apparent low bidder. <br />When determining compliance with DBE requirements, two scenarios are possible: <br />• The proposer/bidder submits information indicating that the DBE goals will be met; or <br />• The proposer/bidder submits information indicating that the DBE goals will not be met. <br />The following are best practices to follow for the two scenarios: <br />Scenario 1: Pronoser/bidder submits information that the DBE ~oals will be met <br />Required Information - The information submitted by the offeror must include: <br />• Names of DBE subcontractors/suppliers participating in the contract. DBEs must be eligible (those <br />that are currently certified or that can be eertified prior to award); <br />• A description of the work each DBE is to perform or the products to be provided by the DBE; and <br />' The dollar value of each proposed DBE subcontract. <br />If the information submitted meets the above requirements, next verify the counting of DBE participation <br />towards the goal. <br />Counting DBE Partici ation - A recipienf or contractor may counf toward #ts DBE goal only <br />awards/expenditures to DBEs that perform a commercialty useful function in the performance of a <br />contract. This means that a DBE must be responsible for a distinct element of the work by actually <br />performing, managing, and supervising the work involved.76 <br />Factors to consider when countin$ DBE participation include: <br />I. General rule - If a DBE is performing a commercialty useful function with its own resources, <br />100% of the DBE contracf counts toward the goal. <br />II. Lower tier subcontracts - When a DBE subcontracts a portivn of its'work, the value of those <br />subcontracts may be counted toward the overall DBE participation as long as the subcontracts are <br />consistent with normal industry practice. <br />III. Supplies and materials - The following basis is used for counting participation of DBE suppliers <br />32 of 45 O 1/]0/97 13:09:49 <br />