1990 RES R-91-90 - Laserfiche WebLink

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ATTACHMENT "C" SAMPLE SPECIAL PROVISION DISADVANTAGED BUSINESS PARTICIPATION 2-1.01 DISADVANTAGED BUSINESS --This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation Pro- grams." Portions of the Regulations, including portions of Sub- part D which defines Disadvantaged Business (DB) and includes other provisions implementing Section 105(f) of the 1982 Surface Trans- portation Act; are set forth in Section 6-1.049 of those special provisions, and the Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business (DB) programs developed pursuant to the Regulations; particular attention is directed to the following matters: 1. A DB must be small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto. 2. A DB may participate as a subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies. 3. A DB joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. The DB joint venturer must submit either schedule B of the Regulations or California Department of Transportation form CR5A "Information for Determining Disadvantaged Business Eligibility". 4. A DB must perform a commercially useful function i.e., must be responsible for the execution of a distinct element of the work and must carry out is responsiblity by actually performing, managing and supervising the work. 5. Credit for a DS vendor of materials or supplies is limited to 20% of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods. 6. Credit for trucking by DBs will be the amount to be paid when the DB trucker will perform the trucking with his/her own trucks, tractors and employees or when a DB trucking assuring that the trucking will be performed by DB truckers, respectively. Credit for trucking by DBs will be limited to 20% of the amount paid in all other cases.