Common use of Commercially Useful Function Clause in Contracts

Commercially Useful Function. A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. 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 other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.

Commercially Useful Function. A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. 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 other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.

Commercially Useful Function. A prime consultant Developer can credit expenditures payments to a DBE subconsultant Subcontractor toward the DBE goals Goals only if the DBE performs a Commercially Useful Function (CUF)) on the Project. A DBE performs a CUF when it is responsible for execution of the work of a contract Work under its Subcontract and carries out its responsibilities by actually performing, managing, and supervising supervising, the work Work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contractProject, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) materials, and paying for the material materials itself that it uses on the projectProject. To determine whether where a DBE is performing a commercially useful function, the Department ADOT will evaluate the amount of work Work subcontracted, industry practices, whether the amount the firm is to be paid under the contract Agreement is commensurate with the work Work it is actually performing and performing, the DBE credit claimed for its performance of the workWork, and other relevant factors. A DBE will not be considered to perform a commercially useful function CUF if its role is limited to that of an extra participant in a transaction, contract, transaction or project contract through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department ADOT will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract Subcontract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract under its Subcontract than would be expected on the basis of normal industry practice for the type of work involved, the Department ADOT will presume that the DBE is not performing a commercially useful functionCUF. Developer shall ensure and confirm that all DBEs selected for Subcontract work on the Project, for which it seeks to claim credit toward the DBE Goals, perform a CUF. Further, Developer shall verify that each DBE fully performs its designated tasks in accordance with the provisions of this section of these DBE Special Provisions. For the purposes of determining a CUF, the DBE’s equipment will mean either equipment directly owned by the DBE as evidenced by title, ▇▇▇▇ of sale or other such documentation, or leased by the DBE firm, and over which the DBE has exclusive use and control, and absolute priority, as evidenced by the leasing agreement from a firm not owned in whole or part by Developer or its Affiliate. If Developer becomes aware of any change in the nature of a DBE’s Work (for example, a DBE Subcontractor issues a second tier Subcontract to a non-DBE), Developer shall promptly report the change to ADOT and BECO. When a DBE is presumed not to be performing a commercially useful function CUF as provided above, the DBE or Developer may present evidence to rebut this presumption. The Department ADOT will determine if the firm is not performing a CUF given the type of work involved and based on normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are subject to review by the FHWA, but are not administratively appealable to USDOT. The BECO may conduct project site visits on In order to obtain this review, the contract affected party must contact ADOT in writing to confirm that DBEs are performing request a CUFreview within seven days after ADOT delivers written notice of its decision. The consultant shall cooperate during request must be accompanied with any documentation to support the site visits and affected party’s case. ADOT will transmit the BECO’s staff will make every effort not request for review with any supporting documentation to disrupt work on the projectFHWA.

Commercially Useful Function. A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. 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 other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇BECO’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.

Commercially Useful Function. A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. 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 other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇BECO’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.

Commercially Useful Function. A prime consultant can credit expenditures to DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE subconsultant Commitment form. The DBE value of work will only count toward the DBE goals only commitment if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a on the contract and carries is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. 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 other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent 30% of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department it will presume be presumed that the DBE is not performing a commercially useful functionCUF. When a DBE is presumed not to be performing a commercially useful function as provided aboveAdditionally, the DBE may present evidence must also be responsible, with respect to rebut this presumptionmaterials 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. The Department Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project. The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will determine perform on the contract, and the location, date, and time of where their work will take place. Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal: • Subcontract agreement with the DBE • Purchase orders • Bills of lading • Invoices • Proof of payment The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three (3) months of work. The Contractor must notify the AGENCY immediately if the firm is performing a CUF given Contractor believes the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is may not be performing a CUF. The consultant AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be notified remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work. The Contractor and DBEs must submit any additional CUF related records and documents within seven calendar five (5) business days of AGENCY’s request such as: • Proof of ownership or lease and rental agreements for equipment • Tax records • Employee rosters • Certified payroll records • Inventory rosters Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE. If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the Department’s decision. Decisions on noncompliant CUF may be appealed to the ADOT State Engineerdetermination. The appeal CAP must be in writing and personally delivered or sent by certified mail, return receipt requested, to identify how the State EngineerContractor will correct the noncompliance findings for the remaining portion of the DBE's work. The appeal must be received by AGENCY has five (5) days to review the State Engineer no later than seven calendar days after CAP in conjunction with the decision of ▇▇▇▇. ▇▇▇▇prime contractor’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOTreview. The BECO may conduct project site visits Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the contract Contract, then the Contractor may have good cause to confirm that DBEs are performing a CUF. The consultant shall cooperate during request termination of the site visits and the BECO’s staff will make every effort not to disrupt work on the projectDBE.

Commercially Useful Function. A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE an S/M/WBE firm performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of a distinct element of the work of a the contract and carries is carrying out its responsibilities by actually performing, managingstaffing, managing and supervising the work involved. To perform a commercially useful functionCommercially Useful Function, the DBE S/M/WBE firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality quantity and quantityquality, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the projectitself. To determine whether a DBE an S/M/WBE firm is performing a commercially useful functionCommercially Useful Function, the Department will evaluate an evaluation must be performed of the amount of work subcontracted, normal industry practices, whether the amount the S/M/WBE firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE S/M/WBE credit claimed for its performance of the work, and other relevant factors. A DBE will Specifically, an S/M/WBE firm does not be considered to perform a commercially useful function Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, contract or project through which funds are passed in order to obtain the appearance of DBE meaningful and useful S/M/WBE participation. In determining whether a DBE is such an extra participant, the Department will examine when in similar transactions, particularly those transactions in which DBEs S/M/WBE firms do not participate, there is no such role performed. If a DBE does The use of S/M/WBE firms by Contractor to perform such “pass-through” or “conduit” functions that are not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful functionshall be viewed by City as fraudulent if Contractor attempts to obtain credit for such S/M/WBE participation towards the satisfaction of S/M/WBE participation goals or other API participation requirements. When a DBE is presumed not to be performing As such, under such circumstances where a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will actually performed by the S/M/WBE firm, Contractor shall not be notified within seven calendar days given credit for the participation of the Department’s decision. Decisions on CUF its S/M/WBE subcontractor or joint venture partner towards attainment of S/M/WBE utilization goals, and Contractor and S/M/WBE firm may be appealed subject to sanctions and penalties in accordance with the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the projectSBEDA Ordinance.

Commercially Useful Function. A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE an S/M/WBE firm performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of a distinct element of the work of a the contract and carries is carrying out its responsibilities by actually performing, managingstaffing, managing and supervising the work involved. To perform a commercially useful functionCommercially Useful Function, the DBE S/M/WBE firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality quantity and quantityquality, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the projectitself. To determine whether a DBE an S/M/WBE firm is performing a commercially useful functionCommercially Useful Function, the Department will evaluate an evaluation must be performed of the amount of work subcontracted, normal industry practices, whether the amount the S/M/WBE firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE S/M/WBE credit claimed for its performance of the work, and other relevant factors. A DBE will Specifically, an S/M/WBE firm does not be considered to perform a commercially useful function Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, contract or project through which funds are passed in order to obtain the appearance of DBE meaningful and useful S/M/WBE participation. In determining whether a DBE is such an extra participant, the Department will examine when in similar transactions, particularly those transactions in which DBEs S/M/WBE firms do not participate, there is no such role performed. If a DBE does The use of S/M/WBE firms by CONTRACTOR to perform such “pass- through” or “conduit” functions that are not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful functionshall be viewed by the CITY as fraudulent if CONTRACTOR attempts to obtain credit for such S/M/WBE participation towards the satisfaction of S/M/WBE participation goals or other API participation requirements. When a DBE is presumed not to be performing As such, under such circumstances where a commercially useful function as provided aboveis not actually performed by the S/M/WBE firm, the DBE may present evidence to rebut this presumption. The Department will determine if CONTRACTOR shall not be given credit for the participation of its S/M/WBE subcontractor or joint venture partner towards attainment of S/M/WBE utilization goals, and the CONTRACTOR and S/M/WBE firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed subject to sanctions and penalties in accordance with the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the projectSBEDA Ordinance.

Commercially Useful Function. A prime consultant can credit expenditures to DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE subconsultant Commitment form. The DBE value of work will only count toward the DBE goals only commitment if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract the AGREEMENT and carries is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful functionCUF, the DBE must also be responsible, with respect to materials and supplies used on the contractAGREEMENT, for negotiating price, determining quality and quantity, ordering the material, material and installing (where applicable) ), and paying for the material itself that it uses itself. CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the Project. CONSULTANT must provide written notification to the COMMISSION at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the projectcontract, and the location, date, and time of where their work will take place. To determine whether Within 10 days of a DBE is initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal: • Subcontract agreement with the DBE • Purchase orders • Bills of lading • Invoices • Proof of payment CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the COMMISSION these quarterly evaluations and validations by the 5th of the month for the previous three months of work. CONSULTANT must notify the COMMISSION immediately if they believe the DBE may not be performing a commercially useful functionCUF. The COMMISSION will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional COMMISSION evaluations. The COMMISSION must evaluate DBEs and their CUF performance throughout the Department duration of a Contract. The COMMISSION will evaluate provide written notice to 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 CONSULTANT and the DBE credit claimed for its at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the COMMISSION must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the COMMISSION determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work. CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of COMMISSION’S request such as: • Proof of ownership or lease and rental agreements for equipment • Tax records • Employee rosters • Certified payroll records • Inventory rosters Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE. If CONSULTANT and/or the COMMISSION determine that a listed DBE is not performing a CUF in performance of their DBE committed work, and other relevant factorsCONSULTANT must immediately suspend performance of the noncompliant portion of the work. A DBE COMMISSION may deny payment for the noncompliant portion of the work. COMMISSION will ask the CONSULTANT to submit a corrective action plan (CAP) to the COMMISSION within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. COMMISSION has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the COMMISSION’S approval. The COMMISSION will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be considered accomplished to perform ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE. H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contractAGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. . I. If a DBE does not perform or exercise responsibility for at least 30 thirty percent (30%) of the total cost of its contract AGREEMENT with its own work force, or if the DBE subcontracts a greater portion of the work of a contract the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, the Department it will presume be presumed that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The consultant will be notified within seven calendar days records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. K. If a DBE subconsultant is decertified during the life of the Department’s decision. Decisions on CUF may be appealed to AGREEMENT, the ADOT State Engineer. The appeal must be decertified subconsultant shall notify CONSULTANT in writing and personally delivered or sent by with the date of decertification. If a subconsultant becomes a certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate DBE during the site visits and life of the BECO’s staff will make every effort not AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to disrupt work on COMMISSION’S Contract Manager within thirty (30) calendar days. L. Any subcontract entered into as a result of this AGREEMENT shall contain all of the projectprovisions of this Article.

Commercially Useful Function. A prime consultant can credit expenditures to DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE subconsultant Commitment form. The DBE value of work will only count toward the DBE goals only commitment if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract the Agreement and carries is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful functionCUF, the DBE must also be responsible, with respect to materials and supplies used on the contractAgreement, for negotiating price, determining quality and quantity, ordering the material, material and installing (where applicable) ), and paying for the material itself that it uses itself. Consultant must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project. To determine whether Consultant must provide written notification to the Local Agency at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place. Within 10 days of a DBE is initially performing work or supplying materials on the Contract, Consultant shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal: • Subcontract agreement with the DBE • Purchase orders • Bills of lading • Invoices • Proof of payment Consultant must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. Consultant must submit to the Local Agency these quarterly evaluations and validations by the 5th of the month for the previous three months of work. Consultant must notify the Local Agency immediately if they believe the DBE may not be performing a commercially useful functionCUF. The Local Agency will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional Local Agency evaluations. The Local Agency must evaluate DBEs and their CUF performance throughout the Department duration of a Contract. The Local Agency will evaluate provide written notice to 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 Consultant and the DBE credit claimed for its performance of at least two (2) business days prior to any evaluation. The Consultant and the work, and other relevant factorsDBE must participate in the evaluation. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain Upon completing the appearance of DBE participation. In determining whether a DBE is such an extra participantevaluation, the Department will examine similar transactions, particularly those in which DBEs do not participateLocal Agency must share the evaluation results with the Consultant and the DBE. An evaluation could include items that must be remedied upon receipt. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that Local Agency determines the DBE is not performing a commercially useful functionCUF, the Consultant must suspend performance of the noncompliant work. When Consultant and DBEs must submit any additional CUF related records and documents within five (5) business days of Local Agency ’s request such as: • Proof of ownership or lease and rental agreements for equipment • Tax records • Employee rosters • Certified payroll records • Inventory rosters Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE. If Consultant and/or the Local Agency determine that a listed DBE is presumed not performing a CUF in performance of their DBE committed work, Consultant must immediately suspend performance of the noncompliant portion of the work. Local Agency may deny payment for the noncompliant portion of the work. Local Agency will ask the Consultant to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Consultant will correct the noncompliance findings for the remaining portion of the DBE's work. Local Agency has five (5) days to review the CAP in conjunction with the Consultant’s review. The Consultant must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The Local Agency will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be performing accomplished to ensure the DBE performs a commercially useful function as provided aboveon the Contract, the DBE Consultant may present evidence have good cause to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days request termination of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the projectDBE.

Commercially Useful Function. A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE an S/M/WBE firm performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of a distinct element of the work of a the contract and carries is carrying out its responsibilities by actually performing, managingstaffing, managing and supervising the work involved. To perform a commercially useful functionCommercially Useful Function, the DBE S/M/WBE firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality quantity and quantityquality, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the projectitself. To determine whether a DBE an S/M/WBE firm is performing a commercially useful functionCommercially Useful Function, the Department will evaluate an evaluation must be performed of the amount of work subcontracted, normal industry practices, whether the amount the S/M/WBE firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE S/M/WBE credit claimed for its performance of the work, and other relevant factors. A DBE will Specifically, an S/M/WBE firm does not be considered to perform a commercially useful function Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, contract or project through which funds are passed in order to obtain the appearance of DBE meaningful and useful S/M/WBE participation. In determining whether a DBE is such an extra participant, the Department will examine when in similar transactions, particularly those transactions in which DBEs S/M/WBE firms do not participate, there is no such role performed. If a DBE does The use of S/M/WBE firms by CONSULTANT to perform such “pass-through” or “conduit” functions that are not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful functionshall be viewed by the CITY as fraudulent if CONSULTANT attempts to obtain credit for such S/M/WBE participation towards the satisfaction of S/M/WBE participation goals or other API participation requirements. When a DBE is presumed not to be performing As such, under such circumstances where a commercially useful function as provided aboveis not actually performed by the S/M/WBE firm, the DBE may present evidence to rebut this presumption. The Department will determine if CONSULTANT shall not be given credit for the participation of its S/M/WBE subconsultant or joint venture partner towards attainment of S/M/WBE utilization goals, and the CONSULTANT and S/M/WBE firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed subject to sanctions and penalties in accordance with the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the projectSBEDA Ordinance.

Commercially Useful Function. A prime consultant can credit expenditures It is the Contractor’s obligation to a ensure that each DBE subconsultant toward DBE goals only if the DBE used on federal-assisted contracts performs a Commercially Useful Function (commercially useful function on the Contract. The Department will monitor performance during the Contract to ensure each DBE is performing a CUF). A Under the terms established in 49 CFR 26.55, a DBE performs a CUF when it is responsible for execution of the work of a contract the Contract and carries is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform With respect to material and supplies used on the Contract, a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, responsible for negotiating price, determining quality and quantity, ordering the material, and installing (where the material, if applicable) , and paying for the material itself that it uses itself. With respect to trucking, the DBE trucking firm must own and operate at least one fully licensed, insured, and operational truck used on the projectContract. To determine whether The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is performing entitled to credit for the total value of transportation services provided by non- DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non- DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as 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 result of the work, and other relevant factorslease arrangement. A DBE will does not be considered to perform a commercially useful function if CUF when its role is limited to that of an extra participant in a transaction, contractContract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining The Department will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent 30% of the total cost of its contract Contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful functionCUF. When If the Department determines that a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF, no work performed by such DBE will count as eligible participation. The consultant denial period of time may occur before or after a determination has been made by the Department. In case of the denial of credit for non-performance of a CUF, the Contractor will be notified within seven calendar days of required to provide a substitute DBE to meet the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered Contract goal or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every provide an adequate good faith effort not to disrupt work on the projectwhen applicable.

Commercially Useful Function. A prime consultant can credit expenditures to DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE subconsultant Commitment form. The DBE value of work will only count toward the DBE goals only commitment if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract the AGREEMENT and carries is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful functionCUF, the DBE must also be responsible, with respect to materials and supplies used on the contractAGREEMENT, for negotiating price, determining quality and quantity, ordering the material, material and installing (where applicable) ), and paying for the material itself that it uses itself. CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the Project. CONSULTANT must provide written notification to the COMMISSION at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the projectcontract, and the location, date, and time of where their work will take place. To determine whether Within 10 days of a DBE is initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal: • Subcontract agreement with the DBE • Purchase orders • Bills of lading • Invoices • Proof of payment CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the COMMISSION these quarterly evaluations and validations by the 5th of the month for the previous three months of work. CONSULTANT must notify the COMMISSION immediately if they believe the DBE may not be performing a commercially useful functionCUF. The COMMISSION will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional COMMISSION evaluations. The COMMISSION must evaluate DBEs and their CUF performance throughout the Department duration of a Contract. The COMMISSION will evaluate provide written notice to 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 CONSULTANT and the DBE credit claimed for its performance of at least two (2) business days prior to any evaluation. The CONSULTANT and the work, and other relevant factorsDBE must participate in the evaluation. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain Upon completing the appearance of DBE participation. In determining whether a DBE is such an extra participantevaluation, the Department will examine similar transactions, particularly those in which DBEs do not participateCOMMISSION must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that COMMISSION determines the DBE is not performing a commercially useful functionCUF, the CONSULTANT must suspend performance of the noncompliant work. When CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of COMMISSION’S request such as: • Proof of ownership or lease and rental agreements for equipment • Tax records • Employee rosters • Certified payroll records • Inventory rosters Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE. If CONSULTANT and/or the COMMISSION determine that a listed DBE is presumed not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. COMMISSION may deny payment for the noncompliant portion of the work. COMMISSION will ask the CONSULTANT to submit a corrective action plan (CAP) to the COMMISSION within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. COMMISSION has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the COMMISSION’S approval. The COMMISSION will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be performing accomplished to ensure the DBE performs a commercially useful function as provided aboveon the Contract, the DBE CONSULTANT may present evidence have good cause to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days request termination of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of ▇▇▇▇. ▇▇▇▇’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the projectDBE.