| (a) A DBE trucking firm is considered to perform a
CUF if the DBE:
(1) is responsible for the management and supervision
of the entire trucking operation for its part of the contract and
is not part of a contrived arrangement for the purpose of meeting
DBE goals; and
(2) owns and operates at least one fully licensed,
insured, and operational truck used on the contract.
(b) A DBE receives credit for the total value of the
transportation services it provides on the contract using trucks it
owns, insures, and operates using drivers it employs.
(c) A DBE that leases trucks from another DBE, including
an owner-operator who is certified as a DBE, receives credit for the
total value of the transportation services provided on the contract
using the leased trucks.
(d) The DBE that leases trucks from a non-DBE is entitled
to credit for the total value of transportation services provided
by non-DBE lessees, not to exceed the value of transportation services
provided by the DBE-owned trucks on the contract. Additional participation
by non-DBE lessees receive credit only for the fee or commission the
DBE receives as a result of the lease arrangement.
(e) If a DBE trucking firm enters into a lease for
one or more trucks, the lease must provide that the DBE has control
of the truck. A leased truck may be used, with the consent of the
DBE, for work for a person other than the DBE during the term of the
lease. A leased truck must display the name and identification number
of the DBE.
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