| (a) To be counted toward a DBE goal:
(1) the work must actually be performed by a DBE; and
(2) the DBE must perform a commercially useful function.
(b) The entire amount of the fee or commission charged
by a DBE for providing a bona fide service, such as professional,
technical, consultant, or managerial services, or for providing bonds
or insurance specifically required for the performance of a DOT-assisted
contract, will be counted toward DBE goals, provided that the fee
or commission is determined to be reasonable and not excessive as
compared with those customarily allowed for similar services.
(c) The amount of the part of a construction contract
or other contract not covered by subsection (a) of this section that
is performed by the DBE's own forces may be counted toward the DBE
goal. The cost of supplies and material obtained by the DBE for the
contract work, including supplies purchased or equipment leased by
the DBE, other than supplies and equipment the DBE purchases or leases
from the prime contractor or its affiliate, is included.
(d) If a DBE subcontracts a part of the work of its
contract to another firm, the value of the subcontracted work will
be counted toward the DBE goal only if the DBE's subcontractor is
a DBE.
(e) If a DBE is a participant in a joint venture, only
the part of the total value of the contract equal to the distinct,
clearly defined part of the contract work that the DBE performs with
its own forces may be counted toward the DBE goal. For the purposes
of this subsection, a "joint venture" is an association of a DBE firm
and one or more other firms to carry out a single, for-profit business
enterprise, for which the parties combine their property, capital,
efforts, skills, and knowledge, and in which the DBE is responsible
for a distinct, clearly defined portion of the work of the contract
and whose share in the capital contribution, control, management,
risks, and profits of the joint venture are commensurate with its
ownership interest.
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