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<br />SWC:djk 4/14/87 <br /> <br />(#32) <br /> <br />EXHIBIT "A" <br /> <br />1. DISADVANTAGED BUSINESS. This project is subject to <br />Part 23, Title 49, Code of Federal Regulations entitled <br />"Participation By Minority Business Enterprise In Department of <br />Transportation Programs." Portions of the Regulations, including <br />portions of Subpart D which defines Disadvantaged Business (DB) <br />and includes other provisions implementing Section 105(f) of the <br />1982 Surface Transportation Act, are set forth in Section 6-1.04, <br />of these special provisions, and the Regulations in their <br />entirety are incorporated herein by this reference. <br /> <br />Bidders shall be fully informed respecting the requirements <br />of the Regulations and the Department's Disadvantaged Business <br />(DB) and Woman-owned Business Enterprise (WBE) programs developed <br />pursuant to the Regulations; particular attention is directed to <br />the following matters: <br /> <br />(a) A DB or WBE must be a small business concern as defined <br />pursuant to Section 3 of U. S. Small Business Act and <br />relevant regulations promulgated pursuant thereto; <br /> <br />(b) A DB or WBE may participate as a prime contractor, <br />subcontractor, joint venture partner with a prime or <br />subcontractor, or vendor of material or supplies; <br /> <br />(c) A DB or WBE joint venture partner must be responsible <br />for a clearly defined portion of the work to be <br />performed in addition to satisfying requirements for <br />ownership and control. The DB or WBE joint venturer <br />must submit either Schedule B of the Regulations or <br />California Department of Transportation Form CR5A, <br />"Information for Determining Disadvantaged Business and <br />Woman-owned Business Enterprise Joint Venture <br />Eligibility" ; <br /> <br />(d) A DB or WBE must perform a commercially useful <br />function, i.e., must be responsible for the execution <br />of a distinct element of the work and must carry out <br />its responsibility by actually performing, managing and <br />supervising the work; <br /> <br />(e) Credit for a DB or WBE vendor of materials or supplies <br />is limited to 20 percent of the amount to be paid to <br />the vendor for the material unless the vendor <br />manufactures or substantially alters the goods; <br /> <br />(f) A DB or WBE must be a certified DB or WBE on the date <br />bids for the proj ect are opened before credit may be <br />allowed toward the DB or WBE goal. The Department's DB <br />and WBE Directory identifies DBs and WBEs which have <br />been certified. Others may also qualify for <br />