| (a) The department may assign individual contract goals
for SBE participation contracts as necessary to cumulatively meet
the overall annual SBE goals.
(b) Contract goals will be based on the availability
of qualified SBEs, work site location, dollar value of the contract,
and type of work items specified in the contract.
(c) For work to be counted toward an SBE goal the work
must actually be performed by an SBE.
(d) The entire amount of the fee or commission charged
by an SBE 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 U.S. Department
of Transportation assisted contract, will be counted toward SBE goals
if that fee or commission is determined to be reasonable and not excessive
as compared with those customarily allowed for similar services.
(e) The amount of the part of a construction contract
or other contract not covered by subsection (c) of this section that
is performed by the SBE's own forces may be counted toward the SBE
goal. The cost of supplies and material obtained by the SBE for the
contract work, including supplies purchased or equipment leased by
the SBE, other than supplies and equipment the SBE purchases or leases
from the prime contractor or its affiliate, is included.
(f) If an SBE subcontracts a part of the work of its
contract to another firm, the value of the subcontracted work will
be counted toward the SBE goal only if the SBE's subcontractor is
an SBE.
(g) If an SBE 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 SBE performs with
its own forces may be counted toward the SBE goal.
(h) For the purposes of subsection (g) of this section,
a "joint venture" is an association of an SBE 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 SBE 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.
|
