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Finance Committee - Agenda - 12/26/2017 - P98

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
98
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause
The knowledge and information of the prospective participant
is nol required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.

}. Except for transactions authorized under paragraph (f of
ihese instructions, if a participant in a covered transaction
knowingly enters into a lower ter covered transaction with a
person who Is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.

Ctra

2. Certification Regarding Debarment, Suspension,
ineligibility and Voluntary Exclusion = First Tier
Participants:

a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;

(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense In
connection with obtaining, attempting to obtain, or performing
a public (Federal, Stale or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;

(3) Are not presenily indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a){2) of this certification; and

(4) Have not within a three-year period preceding this
applicatior/proposal had one er more public transactions
(Federal, State or local) terminated for cause or default

b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.

2. instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated io cost $25,000 or more - 2 CFR Pans 180 and
1200)

a. By signing and submitting this proposal, the prospective
lower tier is providing the cerlification set out below.

b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is laler determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available {fo the
Federal Government, the department, or agency with which

12

this transaction originated may pursue available remedies,
Including suspension and/or debarment

c. The prospective lower tier participant shail provide
immediate writlen notice to the person to which this proposal !s
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.

d. The terms “covered transaction," “debarred,"
“suspended,” “ineligible,” “participant.” “person,” “principal,”
and "voluntarily excluded.” as used in this clause, are defined
in 2 CFR Paris 180 and 1200. You may contact the person to
which this proposal is submited for assistance in oblaining a
copy of those regulations. “First Tier Covered Transactions"
refers to any covered transaction between a grantee or
sudgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts), “First Tier Participant”
refers to the participant who has entered Into a covered
transaction with a grantee or subgraniee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower ter covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation In this covered transaction, unless
authorized by the department or agency with which this
transaction originated.

f The prospective Jower tier participant further agrees by
submitting this proposal {hat It will include this clause titled
“Certification Regarding Debarment, Suspension, ineligibility
and Voluntary Exciusion-Lower Tier Covered Transaction,”
without modification, in all tower tier covered transactions and
in all solicitations for lower tler covered transactions exceeding
the $25,000 threshold.

g Aparticipant In a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction thal is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous A participant is
responsible for ensuring thal its principals are not suspended.
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibllity of its principals, as well as
the eligibility of any lower tier prospective partic pants, each
panicipant may, but is not required to, check the Excluded
Parties List Syslem website (htips://www.epls.gov/}, which is
compiled by the General Services Administration

hn. Nothing contained tn the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed thal which is normally possessed by a prudent person
in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tler covered transaction with a
person who js suspended, debarred, ineligible, or voluntarily
excluded from panticipation in this transaction, in addition to
other remedies available to the Federal Government, the

Page Image
Finance Committee - Agenda - 12/26/2017 - P98

Finance Committee - Agenda - 12/26/2017 - P99

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
99
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

department or agency with which this transaction originated
May pursue available remedies, including suspension and/or
debarment.

a aeae

Certification Regarding Debarment, Suspension,
ineligibility and Voluntary Exclusion--Lower Tler
Participants:

1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable {to
certify to any of the statements in this certification, such
prospeclive participant shail altach an explanation to this
proposal,

weees

Xl. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to Influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement

b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
atiempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submil Standard Form-LL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.

2. This certification is a material representation of fact upan
which reflance was placed when this transactlon was made or
entered Into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 314
US.C 1352. Any person who fails to file the required
certification shali be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure

3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that aif such
recipients shail certify and disclose accordingly.

4

Page Image
Finance Committee - Agenda - 12/26/2017 - P99

Finance Committee - Agenda - 12/26/2017 - P100

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
100
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

ATTACHMENT A- EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS

This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.

1, During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-sile work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contrac! work Is
situated, except:

a. To the extent that qualified persons regulary residing in
{he area are not available.

b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personne! necessary to
assure an efficient execution of the contract work.

c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shalt not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below

2. The contractor shail place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. if during the course of the contract work, the
information submitted by the contractor in the original job order
ts substantially modified, the participant shall promptly notify
the State Employment Service.

3. The contractor shall give full consideration to all qualified
jeb applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.

4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Empioyment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor Indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above

5 The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.

V2

6 The contractor shall include the provis-ons of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work

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Finance Committee - Agenda - 12/26/2017 - P100

Finance Committee - Agenda - 12/26/2017 - P101

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
101
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

Approved by OMB No 0348-0046

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C 1352
(See Reverse for public burden disciosure }

1. Type of Federal Action:

a contract [| a, bid/offer/application
b grant b. initial award

€ cooperative agreement c. post-award

qd loan

€ loan guarantee
f oan insurance

2. Status of Federal Action:

3. Report Type:
[| a. initial filing
b. material change
For Material Change Only:

year quarter
date of last report

4. Name and Address of Reporting Entity:

[| Prime

Subawardee

Tier , if knowa

Congressional District, /f known:

§. If Reporting Entity in No. 4 is a Subawardee, Enter Name
and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency:

7. Federal Program Name/Description:

CFDA Number, if appticabie:

8. Federal Action Number, /f known:

9. Award Amount, /f known:

3

10. a. Name and Address of Lobbying Registrant
(# individual, last name, first name, Mi):

b. Individuals Performing Services (including address if
different from No, 10a)
(last name, first name, MI):

11, Information requested through this form is authorized by title 31 U.S.C.
section 1352 This disclosure of lobbying activities is a material
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is

required pursuant to 34 U.S.C. 1352. This information will be reported to

the Congress semi-annually and will be available for public inspection.
Any person who fails to file the required disclosure shail be subject to a
civil penaity of nol less (hai $10,000 and not more than $100,000 for
each such failure.

Signature:

Print Name

Title:

Telephone No.. Date.

Federal Use Only:

Authorized for Local Reproduction
Standard Form LLL (Rev 7-97)

Page Image
Finance Committee - Agenda - 12/26/2017 - P101

Finance Committee - Agenda - 12/26/2017 - P102

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
102
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This diScosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of
a covered Federai action, or a material change to a previous filing pursuant to title 31 U.S.C. section 1352. The filing of a formis required
for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of
any ag&acy, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the inital filing and material change report. Refer to the implementing
guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered
Federal action.

2. identify the status of the covered Federal action.

3. Identify the appropriate classification of this report if this a followup report caused by a material change to the information previously
reported, enter the year and quarter in which the change occurred, Enter the date of the last previously submitted report by this
reporting entity for this covered Federal action.

4, Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the
appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward receipt. identify the tier
of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.

5 If the organization filing the report in item 4 checks ‘Subawardee,” then enter the fullname address, city, State and zip code of the
prime Federal recipient. Include Congressional District, if known.

6 Enter the name of the Federal agency making the award or loan commitment. include at least one organizational level below agency
name, if known. For example, Department of Transportation, United States Coast Guard.

7 Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments

8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (¢.9., Request for Proposal
(RFP) number; Invitation for bid (IFB) number; grant announcement number, the contract, grant, or loan award number; the
application/proposal control number assigned by the Federa! agency) Include prefixes, e.g "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or Joan commitment by the Federal agency, enter the Federal amount of
the award/loan commitment for the prime entity identified in tem 4 or 5

10 (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged
by the reporting entity identified in Item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different fram 10 (a) Enter Last Name, First
Name and Middle Initial (MI).

11 Certifying official shail sign and date the form, print his/her name, title and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless tt displays a valid OMB
Control Number. The vald OMB control number for this information collection is OMB No 0348-0046 Public reporting burden for this collection of
information ts estimated fo average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathenng and
maintaining the data needed, and completing and reviewing the collection of information Send comments regarding the burden estimate or an y olher
aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction
Project (0348-0046), Washington, DC 20503.

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Finance Committee - Agenda - 12/26/2017 - P102

Finance Committee - Agenda - 12/26/2017 - P103

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
103
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

04/01/09

Of
>

SSD: 06/28/04

ALL FA PROJECTS

SPECIAL ATTENTION

DISADVANTAGED BUSINESS ENTERPRISE (DBE) DIRECTORY

The current New Hampshire Unified Disadvantaged Business Enterprise (DBE) Directory is
available on the NHDOT website at http://www.nh.gov/dot/business/contractors.htm. If you have
questions or do not have access to the Internet, the directory may be obtained from DBE

Coordinator, located at 7 Hazen Drive, Concord, NH 03302, Tel: (603) 271-6612.

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Finance Committee - Agenda - 12/26/2017 - P103

Finance Committee - Agenda - 12/26/2017 - P104

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
104
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

SA

7/29/2013
Page | of 4

SPECIAL ATTENTION

Disadvantaged Business Enterprise (DBE)

Disadvantaged Business Enterprise (DBE) Policy. It shall be the policy of the New Hampshire
Department of Transportation (NHDOT) to ensure nondiscriminatory opportunity for Disadvantaged
Business Enterprises (DBE’s) to participate in the performance of all contracts and subcontracts financed
with Federal funds as specified by the regulations of the United States Department of Transportation
(USDOT), Federal Highway Administration and as set forth below.

1. Policy. It is the policy of the United States Department of Transportation to ensure nondiscriminatory
opportunity for disadvantaged business enterprises, as defined in 49 Code of Federal Regulation (CFR)
Part 26, to participate in the performance of contracts and subcontracts financed in whole or in part with
Federal funds. Consequently, the DBE requirements of 49 CFR Part 26 applies to this contract.

2. Disadvantaged Business Enterprise (DBE) Obligation. The State and its Contractor agree to ensure

nondiscriminatory opportunity for disadvantaged business enterprises, as defined in 49 CFR Part 26, to
participate in the performance of contracts and subcontracts financed in whole or in part with Federal!
funds. Prime Contractors and subcontractors who further sublet must include this assurance in
every subcontract: The Contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of this contract. The Contractor shall
carry oul applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
assisted contracts, Failure by any contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this Contract or such other remedy, as the NHDOT

deems appropriate.

3. Sanctions of Non-Compliance. The Contractor is hereby advised that failure of the Contractor, or
any Subcontractor performing work under this Contract, to carry out the requirements set forth in
paragraphs | and 2 above shall constitute a breach of contract and, after notification of the United States
Department of Transportation, may result in termination of this Contract or such remedy as the State

deems appropriate.

Overall Statewide DBE Goals. The NHDOT currently employs a race/gender neutral DBE policy to
attain its overall statewide DBE goals. This means that unless otherwise stated in the Contract, the
NHDOT relies on the voluntary cooperation of ail contractors to utilize DBE’s on every project, sufficient
to meet or exceed the current statewide DBE goal. Although the majority of statewide DBE goals are
currently voluntary, failure of the NHDOT to meet or exceed the overall statewide DBE goal as required
by the Federal Highway Administration (FHWA), could necessitate placement of mandatory DBE
participation requirements on all future statewide projects.

Disadvantaged Business Enterprise (DBE) Program Goals. The New Hampshire Department of
Transportation is required to set an overall DBE goal for participation in all transportation related
Federal-aid projects. The goal is determined following guidelines set forth in 49 CFR 26.45, and based on
the availability of ready, willing and able DBE’s who submitted bids for transportation related projects,
compared as a percentage of all available contractors who submitted bids for transportation related
projects during the same time period. The DBE goal may be adjusted to take into account other factors
impacting DBE utilization, in an effort to narrowly tailor the overall DBE goal. The detailed goal setting
methodology and current overall DBE goal may be viewed on the NHDOT website at www.oih gov/dot.

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Finance Committee - Agenda - 12/26/2017 - P104

Finance Committee - Agenda - 12/26/2017 - P105

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
105
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

SA
7/29/2013
Page 2 of 4

Disadvantaged Business Enterprise (DBE) Definition. A DBE is defined as a business that is owned
and controlled by one or more socially and economically disadvantaged person(s). For the purpose of this
definition:

A. “Socially and economically disadvantaged person” means an individual who is a citizen or lawful
permanent resident of the United States and who is a Woman, Black, Hispanic, Portuguese, Native
American, Asian American, or a member of another group, or an individual found to be
disadvantaged by an individual determination of social disadvantage as described in 49 CFR 26
appendix E, determinations of social and economic disadvantage.

B, “Owned and controlled” means a business which is:
(1) A sole proprietorship legitimately owned and controlled by an individual who is a disadvantaged
person,
(2) A partnership, joint venture or limited liability Company in which at least 51% of the beneficial
ownership interests is legitimately held by a disadvantaged person(s).
(3) A corporation or other entity in which at least 51% of the voting interest and 51% of the
beneficial ownership interests are legitimately held by a disadvantaged person(s).

The disadvantaged group owner(s) or stockholder(s) must possess control over management, interest in
capital, and interest in earnings commensurate with the percentage of ownership. Disadvantaged
participation in a joint venture must also be based on the sharing of real economic interest and must
include proportionate control over management, capital, and earnings, as above. If the disadvantaged
group ownership interests are real, substantial and continuing and not created solely to meet the
requirements of this program, a firm is considered a bona fide DBE.

Certified DBE Directory. The current New Hampshire Unified Disadvantaged Business Enterprise
(DBE) Directory is available online at www.nh.gov/dot. This directory contains all currently certified
DBE’s available for work in New Hampshire, and is updated monthly. Only firm’s listed in this directory
are eligible for DBE credit on NH Federal-aid projects. If you have questions about DBE certification, or
do not have access to the Internet, please call the DBE Coordinator at (603) 271-6612 for assistance,

Counting DBE Participation For Project Goals. In order for payments made to DBE contractors to be
counted toward DBE goals, the DBE contractors must perform a commercially useful function (CUF).
The DBE must be responsible for execution of the work of the contract and must carry out its
responsibilities by actually performing, managing, and supervising the work involved, consistent with
standard industry practices. This means that:

A. The DBE must also be responsible for ordering its own materials and supplies, determining quantity
and quality, negotiating price, installing (where applicable) and paying for the material itself;

B, The DBE must perform work commensurate with the amount of its contract;

C. The DBE’s contribution cannot be that of an extra participant or a conduit through which funds are
passed in order to obtain the appearance of DBE participation;

D. The DBE must exercise responsibility for at least fifty percent of the total cost of its contract with its
own work force;

E. None of the DBE’s work can be subcontracted back to the Prime Contractor, nor can the DBE employ

the prime’s, or other subcontractor’s supervisors currently working on the project;

F. The DBE’s labor force must be separate and apart form that of the Prime Contractor or other
subcontractors on the project. Transferring crews between primes, subcontractors, and DBE
contractors is not acceptable;

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Finance Committee - Agenda - 12/26/2017 - P105

Finance Committee - Agenda - 12/26/2017 - P106

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
106
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

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Page 3 of 4

The DBE owner must hold a Public Works license and any other professional or craft licenses required

for the type of work he/she performs on the project;
The DBE may rent or lease, at competitive rates, equipment needed on the project from customary
leasing sources or from other subcontractors on the project.

Allowable credit for payments made to DBEs for work performed. A contractor may take
credit for payments made to a certified DBE that satisfies (CUF) requirements at the following

rate.

A.

B.

J.

A DBE Prime Contractor, count 100% of the value of work performed by own forces, equipment and
materials count towards DBE goals.
An approved DBE subcontractor; count 100% of the value of work performed by the DBE’s own
forces, equipment and materials, excluding the following:

e The cost of materials/supplies purchased from a non-DBE Prime Contractor.

e The value of work provided by non-DBE lower tier subcontractors, including non-

DBE trucking to deliver asphalt to a DBE contractor.

A DBE owner-operator of construction equipment; count 100% of expenditures committed.
A DBE manufacturer; count 100% of expenditures committed. The manufacturer must be a firm that
operates or maintains a factory or establishment: that produces on the premises the materials or
supplies obtained by the Prime Contractor,
A regular DBE dealer/supplier; count 60% of expenditures committed.
A regular dealer/supplier is defined as a firm that owns, operates, or maintains a store, warehouse or
other establishment, in which the materials or supplies required for the performance of the contract
are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. A
person may be a dealer in such bulk items as petroleum products, steel, cement, gravel, stone or
asphalt without owning, operating or maintaining a place of business, if the person both owns and
operates distribution equipment for the products, by the means of a long term agreement, and not by a
contract by contract basis,
A DBE Broker; count for DBE credit only the fees or commissions charged for assistance in the
procurement, and, fees and transportation charges for the delivery of materials or supplies required at
the job site, but not the cost of materials procured. A broker is defined as any person(s) or firm who
arranges or expedites transactions for materials or supplies, and does not take physical possession of
the materials or supplies at their place of business for resale.
A DBE renter of construction equipment to a contractor; count 20% of expenditures committed, with
or without operator,
A bona fide DBE service provider; count 100% of reasonable fees or commissions.
Eligible services include professional, technical, consultant, or managerial, services and assistance in
the procurement of essential personnel, facilities, equipment, materials or supplies required for the
performance of the contract. Eligible services also include agencies providing bonding and insurance
specifically required for the performance of the contract.
A trucking, hauling or delivery operation, count 100% of payments when trucks are owned, operated,
licensed and insured by the DBE and used on the contract and, if applicable, includes the cost of the
materials and supplies. 100% of payments when the DBE leases trucks from another DBE firm
including an owner-operator. 100% of reasonable fees, or commissions, the DBE receives as a result
of a lease arrangement for trucks from a non-DBE, including an owner-operator,
Any combination of the above.

Reporting Requirements for Payments Made To DBE’s: On all Federal-aid projects, the Prime
Contractor is required to report payments made to DBE’s during the life of the contract, on a quarterly
basis, for the periods covering January Ist~March 31st, Apri! Ist-June 30th, July Ist-September 30th and
October Ist-December 31st, The NHDOT will provide the Prime Contractor with a quarterly DBE

Page Image
Finance Committee - Agenda - 12/26/2017 - P106

Finance Committee - Agenda - 12/26/2017 - P107

By dnadmin on Mon, 11/07/2022 - 10:17
Document Date
Tue, 12/26/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 12/26/2017 - 00:00
Page Number
107
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__122620…

SA

7/29/2013
Page 4 of 4

payments report, detailing all DBE’s subcontracted by the Prime Contractor, per project. The Prime
Contractor shall report any payments made to DBE’s during the requested reporting period. This
documentation shall be submitted to the Office of Federal Compliance within the time period stated on
the NHDOT quarterly request. Failure of the Prime Contractor to submit this information may result in
the Department withholding progress payments.

Removal of Approved DBE From Transportation Related Project: Contractors may not terminate for
convenience, any approved DBE subcontractor and perform the work with their own forces, without prior
written consent from the NHDOT,

MUNICIPAL PROJECTS ONLY: Timely submission of invoices to Municipalities: Prime
Contractors must submit all invoices received for satisfactorily completed work, from any
subcontractor/lower-tier subcontractor/material supplier, to Municipalities for payment within 30
days of receipt.

Page Image
Finance Committee - Agenda - 12/26/2017 - P107

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