Current Practices to Set and Monitor DBE Goals on Design-Build Projects and Other Alternative Project Delivery Methods (2015)

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53 APPENDIX B Sample RFP Language for DBE Contract Goals for Design-Build (North Carolina Department of Transportation Design-Build Project from 2013) DISADVANTAGED BUSINESS ENTERPRISE (9-1-11) DB1 G061 Description The purpose of this Special Provision is to carry out the U.S. Department of Transportation’s policy of ensuring nondiscrimi- nation in the award and administration of contracts financed in whole or in part with Federal funds. This provision is guided by 49 CFR Part 26. Definitions Additional DBE Subcontractors - Any DBE submitted at the time of bid that will not be used to meet the DBE goal. No sub- mittal of a Letter of Intent is required. Committed DBE Subcontractor - Any DBE submitted at the time of bid that is being used to meet the DBE goal by submis- sion of a Letter of Intent. Or any DBE used as a replacement for a previously committed DBE firm. Contract Goal Requirement - The approved DBE participation at time of award, but not greater than the advertised contract goal. DBE Goal - A portion of the total contract, expressed as a percentage, that is to be performed by committed DBE subcontractor(s). Disadvantaged Business Enterprise (DBE) - A firm certified as a Disadvantaged Business Enterprise through the North Carolina Unified Certification Program. Goal Confirmation Letter - Written documentation from the Department to the Proposer confirming the design-build team’s approved, committed DBE participation along with a listing of the committed DBE firms. Manufacturer - A firm that operates or maintains a factory or establishment that produces, on the premises, the materials or supplies obtained by the design-build team. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. North Carolina Unified Certification Program (NCUCP) - A program that provides comprehensive services and infor- mation to applicants for DBE certification, such that an applicant is required to apply only once for a DBE certification that will be honored by all recipients of U.S.DOT funds in the state and not limited to the Department of Transportation only. The Certification Program is in accordance with 49 CFR Part 26. United States Department of Transportation (U.S.DOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

54 Forms and Websites Referenced in this Provision DBE Payment Tracking System - Online system in which the design-build team enters the payments made to DBE subcontrac- tors who have performed work on the project. https://apps.dot.state.nc.us/Vendor/PaymentTracking/ RF-1 DBE Replacement Request Form - Form for replacing a committed DBE. https://apps.dot.state.nc.us/_includes/download/external.html?pdf=http%3A//www.ncdot.gov/doh/forms/files/RF-1.pdf SAF Subcontract Approval Form - Form required for approval to sublet the contract. http://www.ncdot.org/doh/operations/dp_chief_eng/constructionunit/saf.xls JC-1 Joint Check Notification Form - Form and procedures for joint check notification. The form acts as a written joint check agreement among the parties, providing full and prompt disclosure of the expected use of joint checks. https://apps.dot.state.nc.us/_includes/download/external.html?pdf=http%3A//www.ncdot.gov/doh/forms/files/JC-1.pdf Letter of Intent - Form signed by the contractor and the DBE subcontractor, manufacturer or regular dealer that affirms that a portion of said contract is going to be performed by the signed DBE for the amount listed at the time of bid. http://www.ncdot.org/doh/preconstruct/ps/contracts/letterofintent.pdf Listing of DBE Subcontractors Form - Form for entering DBE subcontractors on a project that will meet this DBE goal contained elsewhere in this RFP. Subcontractor Quote Comparison Sheet - Spreadsheet for showing all subcontractor quotes in the work areas where DBEs quoted on the project. This sheet is submitted with good faith effort packages. http://www.ncdot.gov/business/ocs/goodfaith/excel/Ex_Subcontractor_Quote_Comparison.xls DBE Goal The following DBE goal for participation by Disadvantaged Business Enterprises is established for this contract: Disadvantaged Business Enterprises 11% (A) If the DBE goal is more than zero, the design-build team shall exercise all necessary and reasonable steps to ensure that DBEs participate in at least the percentage of the contract as set forth above as the DBE goal. (B) If the DBE goal is zero, the design-build team shall make an effort to recruit and use DBEs during the performance of the contract. Any DBE participation obtained shall be reported to the Department. This goal is to be met through utilization of highway construction contractors and/or right-of-way acquisition firms. Uti- lization of DBE firms performing design, other preconstruction services, or construction engineering and inspection are not included in this goal. Directory of Transportation Firms (Directory) Real-time information is available about firms doing business with the department and firms that are certified through NCUCP in the Directory of Transportation Firms. Only firms identified in the directory as DBE certified shall be used to meet the DBE goal. The directory can be found at the following link: https://partner.ncdot.gov/VendorDirectory/default.html.

55 The listing of an individual firm in the directory shall not be construed as an endorsement of the firm’s capability to per- form certain work. Listing of DBE Subcontractors At the time of bid, proposers shall submit all DBE participation that they anticipate to use during the life of the contract. Only those identified to meet the DBE goal will be considered committed, even though the listing shall include both committed DBE subcontractors and additional DBE subcontractors. Additional DBE subcontractor participation submitted at the time of bid will be used toward the department’s overall race-neutral goal. Only those firms with current DBE certification at the time of Price Proposal opening will be acceptable for listing in the proposer’s submittal of DBE participation. The design-build team shall indicate the following required information: Blank forms will not be deemed to represent zero participation. Price Proposals submitted that do not have DBE par- ticipation indicated on the appropriate form will not be read publicly during the opening of the Price Proposals. The Depart- ment will not consider these Price Proposals for award and the proposal will be rejected. (1) If the DBE goal is more than zero, a. Proposers, at the time the Price Proposal is submitted, shall submit a listing of DBE participation, including the names and addresses on Listing of DBE Subcontractors contained elsewhere in the contract documents in order for the Price Proposal to be considered responsive. Proposers shall indicate the total dollar value of the DBE participation for the contract. b. If proposers have no DBE participation, they shall indicate this on the Listing of DBE Subcontractors by entering the word “None” or the number “0.” This form shall be completed in its entirety. c. The Proposer shall be responsible for ensuring that the DBE is certified at the time of bid by checking the Directory of Transportation Firms. If the firm is not certified at the time of the opening of the Price Proposals, that DBE’s participation will not count toward achieving the DBE goal. (2) If the DBE goal is zero, proposers, at the time the Price Proposal is submitted, shall enter the word “None”; or the number “0”; or if there is participation, add the value on the Listing of DBE Subcontractors contained elsewhere in the contract documents. DBE Prime Contractor When a certified DBE firm proposes on a contract that contains a DBE goal, the DBE firm is responsible for meeting the goal or making good faith efforts to meet the goal, just like any other proposer. In most cases, a DBE proposer on a contract will meet the DBE goal by virtue of the work it performs on the contract with its own forces. However, all the work that is performed by the DBE proposer and any other DBE subcontractors will count toward the DBE goal. The DBE proposer shall list itself along with any DBE subcontractors, if any, in order to receive credit toward the DBE goal. For example, if the DBE goal is 45% and the DBE proposer will only perform 40% of the contract work, the prime will list itself at 40%, and the additional 5% shall be obtained through additional DBE participation with DBE subcontractors or documented through a good faith effort. DBE prime contractors shall also follow Sections A and B listed under Listing of DBE Subcontractor just as a non-DBE proposer would. Written Documentation—Letter of Intent The proposer shall submit written documentation for each DBE that will be used to meet the DBE goal of the contract, indi- cating the proposer’s commitment to use the DBE in the contract. This documentation shall be submitted on the department’s form titled Letter of Intent. The documentation shall be received in the office of the State Contractor Utilization Engineer or at DBE@ncdot.gov no later than 12:00 noon of the sixth calendar day following opening of Price Proposals, unless the sixth day falls on an official

56 state holiday. In that situation, it is due in the office of the State Contractor Utilization Engineer no later than 12:00 noon on the next official state business day. If the proposer fails to submit the Letter of Intent from each committed DBE to be used toward the DBE goal, or if the form is incomplete (i.e., both signatures are not present), the DBE participation will not count toward meeting the DBE goal. If the lack of this participation drops the commitment below the DBE goal, the design-build team shall submit evidence of good faith efforts, completed in its entirety, to the State Contractor Utilization Engineer or DBE@ncdot.gov no later than 12:00 noon on the eighth calendar day following opening of the Price Proposals, unless the eighth day falls on an official state holiday. In that situation, it is due in the office of the State Contractor Utilization Engineer no later than 12:00 noon on the next official state business day. Submission of Good Faith Effort If the Proposer fails to meet or exceed the DBE goal, the proposer with the apparent adjusted low price shall submit to the department documentation of adequate good faith efforts made to reach the DBE goal. A hard copy and an electronic copy of this information shall be received in the office of the State Contractor Utilization Engineer or at DBE@ncdot.gov no later than 12:00 noon of the sixth calendar day following opening of the Price Proposals unless the sixth day falls on an official state holiday. In that situation, it is due in the office of the State Contractor Utilization Engineer the next official state business day. If the design-build team cannot send the information electronically, then one complete set and nine copies of this information shall be received under the same time constraints. Note: Where the information submitted includes repetitious solicitation letters, it will be acceptable to submit a representa- tive letter along with a distribution list of the firms that were solicited. Documentation of DBE quotations shall be a part of the good faith effort submittal. This documentation may include written subcontractor quotations, telephone log notations of verbal quotations, or other types of quotation documentation. Consideration of Good Faith Effort for Projects with DBE Goals More Than Zero Adequate good faith efforts mean that the proposer took all necessary and reasonable steps to achieve the goal which, by their scope, intensity, and appropriateness, could reasonably be expected to obtain sufficient DBE participation. Adequate good faith efforts also means that the proposer actively and aggressively sought DBE participation. Mere pro forma efforts are not considered good faith efforts. The Department will consider the quality, quantity, and intensity of the different kinds of efforts a proposer has made. Listed below are examples of the types of actions a proposer will take in making a good faith effort to meet the goal. They are not intended to be exclusive or exhaustive, nor is the list intended to be a mandatory checklist. (A) Soliciting through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices through the use of the NCDOT Directory of Transportation Firms) the interest of all certified DBEs who have the capability to perform the work of the contract. The proposer must solicit this interest no less than 10 days prior to the opening of the Price Proposals to allow the DBEs to respond to the solicitation. Solicitation shall provide the opportunity to DBEs within the division and surrounding divisions where the project is located. The proposer must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. (B) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. (C) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. (D) (1) Negotiating in good faith with interested DBEs. It is the proposer’s responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consis- tent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such

57 negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A proposer using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as contract goals into con- sideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a proposer’s failure to meet the contract DBE goal, as long as such costs are reason- able. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the proposer of the responsibility to make good faith efforts. Proposing design-build teams are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. (E) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The proposer’s standing within its industry; membership in specific groups, organizations, or associations; and politi- cal or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or nonsolicitation of bids in the proposer’s efforts to meet the project goal. (F) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or proposer. (G) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. (H) Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; Federal, State, and local minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. Contact within 7 days from the opening of the Price Proposals the Business Development Manager in the Business Opportunity and Work Force Development Unit to give notification of the proposer’s inability to get DBE quotes. (I) Any other evidence that the proposer submits which shows that the proposer has made reasonable good faith efforts to meet the DBE goal. In addition, the Department may take into account the following: (1) Whether the proposer’s documentation reflects a clear and realistic plan for achieving the DBE goal. (2) The proposer’s past performance in meeting the DBE goals. (3) The performance of other proposers in meeting the DBE goal. For example, when the proposer with the apparent adjusted low price fails to meet the DBE goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the proposer with the apparent adjusted low price could have met the goal. If the proposer with the apparent adjusted low price fails to meet the DBE goal but meets or exceeds the average DBE participation obtained by other proposers, the department may view this, in conjunction with other factors, as evidence of the proposer with the apparent adjusted low price having made a good faith effort. If the Department does not award the contract to the proposer with the apparent adjusted low price, the Department reserves the right to award the contract to the proposer with the next adjusted lowest adjusted price that can satisfy to the Department that the DBE goal can be met or that an adequate good faith effort has been made to meet the DBE goal. Non-Good Faith Appeal The State Contractor Utilization Engineer will notify the design-build team verbally and in writing of non-good faith. A design-build team may appeal a determination of non-good faith made by the Goal Compliance Committee. If a design- build team wishes to appeal the determination made by the Committee, they shall provide written notification to the State Contractual Services Engineer or at DBE@ncdot.gov. The appeal shall be made within 2 business days of notification of the determination of non-good faith.

58 Counting DBE Participation Toward Meeting DBE Goal (A) Participation The total dollar value of the participation by a committed DBE will be counted toward the contract goal requirement. The total dollar value of participation by a committed DBE will be based upon the value of work actually performed by the DBE and the actual payments to DBE firms by the design-build team. (B) Joint Checks Prior notification of joint check use shall be required when counting DBE participation for services or purchases that involves the use of a joint check. Notification shall be through submission of Form JC-1 (Joint Check Notification Form) and the use of joint checks shall be in accordance with the Department’s Joint Check Procedures. (C) Subcontracts (Non-Trucking) A DBE may enter into subcontracts. Work that a DBE subcontracts to another DBE firm may be counted toward the con- tract goal requirement. Work that a DBE subcontracts to a non-DBE firm does not count toward the contract goal requirement. If a DBE contractor or subcontractor subcontracts a significantly greater portion of the work of the con- tract than would be expected on the basis of standard industry practices, it shall be presumed that the DBE is not performing a commercially useful function. The DBE may present evidence to rebut this presumption to the department. The department’s decision on the rebuttal of this presumption is subject to review by the Federal Highway Administration but is not administratively appealable to U.S.DOT. (D) Joint Venture When a DBE performs as a participant in a joint venture, the design-build team may count toward its contract goal require- ment a portion of the total value of participation with the DBE in the joint venture, that portion of the total dollar value being a distinct, clearly defined portion of work that the DBE performs with its forces. (E) Suppliers A design-build team may count toward its DBE requirement 60% of its expenditures for materials and supplies required to complete the contract and obtained from a DBE regular dealer and 100% of such expenditures from a DBE manufacturer. (F) Manufacturers and Regular Dealers A design-build team may count toward its DBE requirement the following expenditures to DBE firms that are not manu- facturers or regular dealers: (1) The fees or commissions charged by a DBE firm for providing a bona fide service, such as providing bonds or insurance specifically required for the performance of a DOT-assisted contract, provided the fees or commissions are determined to be reasonable and not excessive compared with fees and commissions customarily allowed for similar services. (2) With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a jobsite (but not the cost of the materials and supplies themselves), provided the fees are determined to be reasonable and not excessive compared with fees customarily allowed for similar services. Commercially Useful Function (A) DBE Utilization

59 The design-build team may count toward its contract goal requirement only expenditures to DBEs that perform a com- mercially useful function in the work of a contract. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervis- ing the work involved. To perform a commercially useful function, the DBE shall also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, the department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and any other relevant factors. (B) DBE Utilization in Trucking The following factors will be used to determine if a DBE trucking firm is performing a commercially useful function. (1) The DBE shall be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there shall not be a contrived arrangement for the purpose of meeting DBE goals. (2) The DBE shall itself own and operate at least one fully licensed, insured, and operational truck used on the contract. (3) The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. (4) The DBE may subcontract the work to another DBE firm, including an owner-operator who is certified as a DBE. The DBE who subcontracts work to another DBE receives credit for the total value of the transportation services the subcontracted DBE provides on the contract. (5) The DBE may also subcontract the work to a non-DBE firm, including an owner-operator. The DBE who subcon- tracts the work to a non-DBE is entitled to credit for the total value of transportation services provided by the non-DBE subcontractor not to exceed the value of transportation services provided by DBE-owned trucks on the contract. Additional participation by non-DBE subcontractors receives credit only for the fee or commission it receives as a result of the subcontract arrangement. The value of services performed under subcontract agreements between the DBE and the design-build team will not count toward the DBE contract requirement. (6) A DBE may lease truck(s) from an established equipment leasing business open to the general public. The lease must indicate that the DBE has exclusive use of and control over the truck. This requirement does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. This type of lease may count toward the DBE’s credit as long as the driver is under the DBE’s payroll. (7) Subcontracted/leased trucks shall display clearly on the dashboard the name of the DBE that they are subcon- tracted/leased to and their own company name if it is not identified on the truck itself. Magnetic door signs are not permitted. DBE Replacement When a design-build team has relied on a commitment to a DBE firm (or an approved substitute DBE firm) to meet all or part of a contract goal requirement, the design-build team shall not terminate the DBE for convenience. This includes, but is not limited to, instances in which the design-build team seeks to perform the work of the terminated subcontractor with another DBE subcontractor, a non-DBE subcontractor, or with the contractor’s own forces or those of an affiliate. A DBE may only be terminated after receiving the Engineer’s written approval based upon a finding of good cause for the termination. All requests for replacement of a committed DBE firm shall be submitted to the Engineer for approval on Form RF-1 (DBE Replacement Request). If the design-build team fails to follow this procedure, the prime contractor or other affiliated compa- nies within the design-build team may be disqualified from further bidding for a period of up to 6 months.

60 The design-build team shall comply with the following for replacement of a committed DBE: (A) Performance-Related Replacement When a committed DBE is terminated for good cause as stated above, an additional DBE that was submitted at the time of bid may be used to fulfill the DBE commitment. A good faith effort will only be required for removing a committed DBE if there were no additional DBEs submitted at the time of bid to cover the same amount of work as the DBE that was terminated. If a replacement DBE is not found that can perform at least the same amount of work as the terminated DBE, the design- build team shall submit a good faith effort documenting the steps taken. Such documentation shall include, but not be limited to, the following: (1) Copies of written notification to DBEs that their interest is solicited in contracting the work defaulted by the previ- ous DBE or in subcontracting other items of work in the contract. (2) Efforts to negotiate with DBEs for specific sub-bids, including, at a minimum: a. The names, addresses, and telephone numbers of DBEs who were contacted. b. A description of the information provided to DBEs regarding the plans and specifications for portions of the work to be performed. (3) A list of reasons why DBE quotes were not accepted. (4) Efforts made to assist the DBEs contacted, if needed, in obtaining bonding or insurance required by the design- build team. (B) Decertification Replacement (1) When a committed DBE is decertified by the department after the SAF (Subcontract Approval Form) has been received by the department, the department will not require the design-build team to solicit replacement DBE participation equal to the remaining work to be performed by the decertified firm. The participation equal to the remaining work performed by the decertified firm will count toward the contract goal requirement. (2) When a committed DBE is decertified prior to the department receiving the SAF (Subcontract Approval Form) for the named DBE firm, the design-build team shall take all necessary and reasonable steps to replace the DBE subcontractor with another DBE subcontractor to perform at least the same amount of work to meet the DBE goal requirement. If a DBE firm is not found to do the same amount of work, a good faith effort must be submitted to NCDOT (see A herein for required documentation). Changes in the Work When the engineer makes changes that result in the reduction or elimination of work to be performed by a committed DBE, the design-build team will not be required to seek additional participation. When the engineer makes changes that result in additional work to be performed by a DBE based upon the design-build team’s commitment, the DBE shall participate in additional work to the same extent as the DBE participated in the original contract work. When the engineer makes changes that result in extra work that has more than a minimal impact on the contract amount, the design-build team shall seek additional participation by DBEs unless otherwise approved by the Engineer. When the engineer makes changes that result in an alteration of plans or details of construction, and a portion or all of the work had been expected to be performed by a committed DBE, the design-build team shall seek participation by DBEs unless otherwise approved by the Engineer. When the design-build team requests changes in the work that result in the reduction or elimination of work that the design- build team committed to be performed by a DBE, the design-build team shall seek additional participation by DBEs equal to the reduced DBE participation caused by the changes.

61 Reports and Documentation An SAF (Subcontract Approval Form) shall be submitted for all work that is to be performed by a DBE subcontractor. The department reserves the right to require copies of actual subcontract agreements involving DBE subcontractors. When using transportation services to meet the contract commitment, the design-build team shall submit a proposed truck- ing plan in addition to the SAF. The plan shall be submitted prior to beginning construction on the project. The plan shall include the names of all trucking firms proposed for use, their certification type(s), the number of trucks owned by the firm, as well as the individual truck identification numbers, and the line item(s) being performed. Within 30 calendar days of entering into an agreement with a DBE for materials, supplies or services not otherwise docu- mented by the SAF as specified above, the design-build team shall furnish the engineer a copy of the agreement. The docu- mentation shall also indicate the percentage (60% or 100%) of expenditures claimed for DBE credit. Reporting Disadvantaged Business Enterprise Participation The design-build team shall provide the engineer with an accounting of payments made to all DBE firms, including material suppliers and contractors at all levels (prime, subcontractor, or second-tier subcontractor). This accounting shall be furnished to the engineer for any given month by the end of the following month. Failure to submit this information accordingly may result in the following action: (A) Withholding of money due in the next partial pay estimate; or (B) Removal of an approved prime contractor or other affiliated companies within the design-build team from the prequali- fied bidders’ list or the removal of other entities from the approved subcontractors list. While each contractor (prime, subcontractor, second-tier subcontractor) is responsible for accurate accounting of payments to DBEs, it shall be the prime contractor’s responsibility to report all monthly and final payment information in the correct reporting manner. Failure on the part of the design-build team to submit the required information in the time frame specified may result in the disqualification of that prime contractor and any affiliate companies within the design-build team from further bidding until the required information is submitted. Failure on the part of any subcontractor to submit the required information in the time frame specified may result in the disqualification of that prime contractor or any affiliate companies within the design-build team from being approved for work on future DOT projects until the required information is submitted. Design-build teams reporting transportation services provided by non-DBE lessees shall evaluate the value of services provided during the month of the reporting period only. At any time, the Engineer can request written verification of subcontractor payments. The design-build team shall report the accounting of payments through the Department’s DBE Payment Tracking System. Failure to Meet Contract Requirements Failure to meet contract requirements in accordance with Subarticle 102-15(J) of the 2012 Standard Specifications for Roads and Structures may be cause to disqualify the prime contractor or any affiliated companies within the design-build team from further bidding for a specified length of time. CERTIFICATION FOR FEDERAL-AID CONTRACTS (3-21-90) DB1 G85

62 The proposer certifies, by signing and submitting a design-build proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any coop- erative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or coop- erative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The proposer also agrees by submitting a design-build proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts that exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.