Management of Disadvantaged Business Enterprise Issues in Construction Contracting (2005) / Chapter Skim
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Pages 20-28
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From page 20... ...
It should be noted for DBE programs, when as few as one or two DBEs lose their eligibility owing to growth (graduation) or personal net worth limitations, the impact to the availability of DBE firms bidding as prime contractors in that state can be significant.
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Increased 28% Same 50% Declined 8% No Response 14% Increased 19% Same 56% Declined 8% No Response 17% FIGURE 5 Percentage of DBE firms submitting bids as prime contractors in 2002. FIGURE 6 Percentage of DBE firms submitting competitive subcontract bids in 2002.
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From page 22... ...
One STA reported reducing the payment retainage percentages for higher use. Three reported that the financial incentive was to keep participation levels above the state goal to ensure that they did not need to return to specific contract goals.
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Of that group, only four affirmed that the bonding assistance program has reduced bonding difficulties. Eight STAs indicated that they had supportive services agreements or business development groups that aided DBE and small non-DBE firms to prepare for bonding submission.
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Section 26.29 of the regulation describes the requirements for prompt payment as follows: (a) You must establish, as part of your DBE program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than a specific number of days from receipt of each payment you make to the prime contractor.
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COMMERCIALLY USEFUL FUNCTION Section 26.55 (c) describes how actual DBE participation is counted toward contract goals and forms the basis for defining commercially useful function (CUF)
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(5) Your decisions on commercially useful function matters are subject to review by the concerned operating administration, but are not administratively appealable to DOT.
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and include a provision ensuring that DBE participation is credited toward overall or contract goals only when payments are actually made to DBE firms. Table 11 is a summary of the STA data tracking for bid submissions and awards.
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From page 28... ...
One STA requested waivers in its certification procedures, but was denied. No 28 waivers have been requested in the scope of subjects encompassed by this study.
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