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Local Assistance Procedures Manual EXHIBIT 12-E <br />PS&E Checklist Instructions Attachment I <br />Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: <br />1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. <br />2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. <br />Only fees, commissions, and charges for assistance in the procurement and delivery of materials or <br />supplies count if obtained from a DBE that is neither a manufacturer, nor a regular dealer. 49 CFR 26.55 <br />defines "manufacturer" and "regular dealer." <br />You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful <br />function as defined in 49 CFR 26.55. <br />DBE Commitment Submittal <br />Submit DBE information on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G <br />form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book <br />before submitting your bid. <br />If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the <br />3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form <br />must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. <br />Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency <br />requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the <br />request. <br />Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation <br />with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is <br />participating in the contract. <br />If you do not submit the DBE Commitment form within the specified time, the Agency finds your bid <br />nonresponsive. <br />Good Faith Efforts Submittal <br />If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H <br />form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts <br />directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not <br />submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid <br />opening. <br />If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE <br />Commitment form, you must also submit good faith efforts documentation within the specified time to protect <br />your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met. <br />Page 12-41 <br />OB 12-04 June 29, 2012 <br />