8-08 Exhibit G 33-215.pdf

PDF 228 KB Posted

Attached to
Deep Ellum Artwork Panels
Solicitation number
2095793
Issued by
Dallas County, Texas

About this file

This document is an Exhibit G form containing Small Business Concern (SBC) provisions for the Dallas Area Rapid Transit (DART) Authority, applicable to federally and locally funded contracts. The exhibit establishes the framework for SBC participation requirements, definitions, and compliance procedures for contractors bidding on DART contracts. The document does not specify a particular project scope, quantities, response dates, or award information, as it serves as a standard contractual provision template rather than a solicitation for a specific contract opportunity. The Deep Ellum Artwork Panels project, referenced as a related contract opportunity in Texas, would be subject to these SBC provisions if it is a DART-funded initiative, though specific project details are not outlined in this exhibit.

The SBC provisions establish that contractors must meet defined participation goals or demonstrate good faith efforts to do so, with DART defining Small Business Concerns equivalent to Small Business Enterprises under industry standards and federal regulations found in 49 CFR Part 26. Contractors must submit Intent to Perform as a Subcontractor forms for proposed SBC firms at the time of initial bid response, provide Vendor Payment Reports with each invoice documenting payments to SBC subcontractors, and obtain written consent from the Contracting Officer before terminating or substituting any listed SBC firm. The document specifies that only work actually performed by SBCs counts toward contract goals, establishes a 30 percent threshold for SBCs performing commercially useful functions, and requires prompt payment to subcontractors within ten business days of prime contractor payment receipt. Non-compliance with SBC program provisions constitutes a material breach of contract and may result in termination, debarment, profit forfeiture, or other remedies available under state and local law.

View the file

Other files

File Type Posted
5-07 Exhibit F Supply. RB 1114. clean Final.pdf PDF
6-06 Exhibit D 33D.pdf PDF
10-11 Exhibit L 33-253PF.pdf PDF
7-10 Exhibit I Spec Sheet IHDR.pdf PDF
2-02 Bid Schedule.pdf PDF
3-04 Exhibit B 33B.pdf PDF
4-05 Exhibit C. RB 1114. Clean .pdf PDF
9-15 Exhibit V 33-254.pdf PDF
1-01 Offer Award Cover 33-201.pdf PDF

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Form 33.215 (11/25) Page 1 of 12 Exhibit G

For assistance in identifying subcontracting opportunities or with questions concerning the provisions in this Exhibit ONLY, contact Deboran McVean at (214) 749-2592 in the Vendor Management Division.

DART’s term “Small Business Concern” (SBC) is equivalent to the industry-standard term “Small Business Enterprise” (SBE).

DALLAS AREA RAPID TRANSIT

EXHIBIT G

SMALL BUSINESS CONCERN PROVISIONS

(FEDERALLY AND LOCALLY FUNDED CONTRACTS)

TABLE OF CONTENTS

1. Definitions and Interpretations (M-111, NOV 25)

2. Offeror's SBC Obligation (M-125, NOV 25)

3. Credit Toward Goals (M-114, NOV 25 )

4. Demonstration of Good Faith Effort (M-115, NOV 25)

5. Submission of SBC Utilization Forms and Related Documentation (M-126, NOV 25)

6. SBC Modifications or Substitutions (M-127, NOV 25)

7. Payment Documentation (M-118, NOV 25)

8. Sanctions for Noncompliance with the Authority's SBC Program Provisions (M-128, NOV 25)

ATTACHMENTS

INTENT TO PERFORM AS A SUBCONTRACTOR FOR A CONTRACT AWARD (Attachment 1) ….………………………………..… 8 VENDOR PAYMENT REPORT INSTRUCTIONS (Attachment 2) …………………………………………….......................................… 9 VENDOR PAYMENT REPORT (Attachment 2)….………………………………………………………………………………………..……10

1. Definitions and Interpretations (M-111, NOV 25)

The Authority will utilize the following definitions to identify Small Business Concern (SBC) program eligibility standards.

The following definitions and any other definitions related to the SBC program have the same meaning as defined in 49 CFR Part 26.

(a) A "Small Business Concern" is defined pursuant to Section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR Part 121) that also does not exceed the cap on average annual gross receipts specified in section 26.65(b). Furthermore, a Small Business Concern is considered to be a legitimate small business if the business has been certified as such by the Small Business Administration or a certifying entity member of the Texas Unified Certification Program or by DART.

(b) "Good Faith Efforts" are efforts to achieve a DBE goal or other requirements of 49 CFR Part 26, which by their scope, intensity and appropriateness to the objective, can reasonably be expected to fulfill the SBC program requirement.

2. Offeror's SBC Obligation (M-125, NOV 25)

The Offeror’s SBC obligations are outlined in an Exhibit C provision entitles Small Business Concerns (SBC) Participation, and the provision entitled Non-Discrimination Assurance found in Exhibit E Addendum to General Provisions, Federally Assisted Supplies/Services, if required.

Form 33.215 (11/25) Page 2 of 12 Exhibit G

3. Credit Toward Goals (M-114, NOV 25 )

The Authority will count SBC participation toward the overall DBE contract goals as provided in 49 CFR 26.55.

(a) When an SBC participates in a contract, the Authority will count only the value of the work actually performed by the SBC toward SBC goals.

(1) The Authority will count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a) (2) of this section) that is performed by the SBC's own forces. DART will also Include the cost of supplies and materials obtained by the SBCs for the work of the contract, including supplies purchased or equipment leased by the SBC (except supplies and equipment the SBC subcontractor purchases or leases from the prime contractor or its affiliate).

(2) The Authority will count the entire amount of fees or commissions charged by an SBC firm 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 locally funded contract, toward SBC goals, provided that the fees are reasonable and not excessive as compared with fees customarily allowed for similar services.

(3) The Authority will count only the value of the work subcontracted to an SBC subcontractor from an SBC subcontractor toward the goal. The Authority will not count the work that an SBC subcontracts to a non-SBC firm toward SBC goals.

(b) With respect to a joint venture, the Authority will count only that portion of an SBC's participation in the total dollar value of the contract that the SBC performs with its own forces toward the goal.

(c) The Authority will count only expenditures to an SBC contractor toward SBC goals if the SBC is performing a commercially useful function.

(1) An SBC performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function the SBC must also be responsible for the materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. The Authority will determine whether an SBC is performing a commercially useful function by evaluating the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing, and the SBC credit claimed for its performance of the work and other relevant factors.

(2) An SBC does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of SBC participation. In determining whether an SBC is such an extra participant, the Authority will examine similar transactions, particularly those in which SBC’s do not participate.

(3) If an SBC does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the SBC subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Authority will presume that it is not performing a commercially useful function.

(4) When an SBC is presumed not to be performing a commercially useful function as provided in paragraph (c)(3) of this section, the SBC may present evidence to rebut this presumption. The Authority may then determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices.

(d) The Authority will use the following factors in determining whether an SBC trucking company is performing a commercially useful function:

(1) The SBC must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting SBC goals.

(2) The SBC must own and operate at least one fully licensed, insured and operational truck used on the contract.

(3) The SBC 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.

Form 33.215 (11/25) Page 3 of 12 Exhibit G

(4) The SBC may lease trucks from another SBC firm, including an owner-operator who is certified as an SBC.

The SBC who leases trucks from another SBC receives credit for the total value of the transportation services the lessee SBC provides on the contract.

(5) The SBC may also lease trucks from a non-SBC firm including an owner-operator. The SBC who leases trucks from a non-SBC is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The SBC does not receive credit for the total value of the transportation services provided by the lessee since these services are not provided by an SBC.

(e) The Authority will count expenditures with SBCs for materials or supplies toward SBC goals as provided in the following:

(1)

(i) If the materials or supplies are obtained from an SBC manufacturer, count 100 percent of the cost of the materials or supplies toward SBC goals.

(ii) For purposes of this paragraph (e)(1), a manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles or equipment required under the contract and of the general character described by the specifications.

(2)

(i) If the materials or supplies are purchased from an SBC regular dealer count 60 percent of the cost of the materials or supplies toward SBC goals.

(ii) For purposes of this section, a regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock and regularly sold or leased to the public in the usual course of business.

(A) To be a regular dealer, the firm must be an established, regular business that engages as its principal business and under its own name, in the purchase and sale or lease of the products in question.

(B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating or maintaining a place of business as provided in this paragraph (e)(2)(ii), if the person both owns and operates distribution equipment for the products.

Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement and not on ad hoc or contract-by-contract basis.

(C) Packagers, brokers, manufacturers, representatives or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph (e)(2).

(3) With respect to materials or supplies purchased from an SBC which is neither a manufacturer nor a regular dealer, the Authority will count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site toward SBC goals, provided the fees are reasonable and not excessive as compared with fees customarily allowed for similar services. The Authority will not count any portion of the cost of the materials and supplies themselves toward SBC goals.

(f) The Authority will not count the participation of an SBC subcontractor toward the prime contractor's SBC achievements or overall goal until the amount being counted toward the goal has been paid to the SBC.

4. Demonstration of Good Faith Effort (M-115, NOV 25)

(a) If an offeror does not meet the SBC goals, it shall nevertheless be eligible for award of the contract if it can demonstrate to the Contracting Officer that it has made a good faith effort to meet the SBC goals. This good faith effort documentation should be submitted when the initial response to the Authority's solicitation is due. All contractors, including SBC contractors, are required to submit good faith efforts documentation, if necessary. In evaluating an offeror’s good faith effort submission, the Authority will only consider those documented efforts that occurred prior to the good faith efforts determination.

Form 33.215 (11/25) Page 4 of 12 Exhibit G

(b) In the event that a firm submitted by an offeror in accordance with the requirements of Submission of SBC Utilization Forms and Related Documentation (M-113) provision cannot be certified in accordance with Certification of SBC’s provision, the offeror will be notified and given an opportunity to substitute that firm with another SBC firm. The offeror will have 10 (ten) calendar days from the date of notification to accomplish the substitution. In the event the offeror is unable to contract with another substitute SBC firm, the good faith efforts that the offeror made in attempting to contract with a substitute SBC firm must be documented to the Contracting Officer at the end of the same 10 (ten) calendar day period.

(c) In making a determination that the offeror made a good faith effort to meet the SBC goals, the offeror shall furnish to the Contracting Officer, as part of its SBC utilization information provided under Submission of SBC Utilization Forms and Related Documentation provision, specific documentation concerning the steps it has taken to obtain SBC participation. The Offeror shall provide the following details, at a minimum, of the specific efforts made to negotiate in good faith with SBCs for elements of the contract. By way of illustration and not limitation, the Authority will review and consider the following information:

(1) Names, addresses and telephone numbers of SBCs that were contacted;

(2) A description of the information provided to target SBCs regarding the specifications and bid proposals for the portion of the work;

(3) Whether the offeror attended any pre-bid or pre-proposal meetings scheduled by the Authority to discuss, among other matters, SBC participation opportunities and acknowledged receipt of SBC certified vendor lists;

(4) Whether the offeror advertised in general circulation, trade association, and/or minority/women-focused media concerning subcontracting opportunities;

(5) Whether the offeror provided written notice to a reasonable number of SBC’s that their interest in the contract was being solicited in sufficient time to allow SBCs to participate effectively;

(6) Whether the offeror followed up initial solicitations of interest by contacting SBCs to determine with certainty whether the SBCs were interested;

(7) Whether the offeror selected portions of the work to be performed by SBCs in order to increase the likelihood of meeting the SBC goals (including, where appropriate, breaking down the contract into economically feasible subcontracts to facilitate SBC participation);

(8) Whether the offeror provided interested SBCs with adequate information about the specifications and/or statement of work and requirements of the contract;

(9) Whether the offeror negotiated in good faith with interested SBC’s regarding their capabilities and, not rejecting SBC’s as unqualified without sound reasons based on a thorough investigation, price, using good business judgment and not rejecting reasonable quotes from interested SBC’s firms;

(10) Whether the offeror negotiated in good faith with interested SBC’s regarding price, using good business judgment and not rejecting reasonable quotes from interested SBC’s firms;

(11) Whether the offeror made efforts to assist interested SBC’s in obtaining bonding, lines of credit, insurance, etc., as required by DART or the offeror;

(12) Whether the offeror made efforts to assist interested SBC’s in obtaining necessary equipment, supplies, materials, or related assistance or services;

(13) Whether the offeror effectively used the services of available minority and women community organizations;

contractor groups; local, State, and Federal business assistance offices; and other organizations that provide assistance in the identification of SBC”s;

(14) Whether the offeror obtained written documentation from a bona fide surety company indicating that bonding was denied and for what reason(s) prior to the SBC being rejected as a potential subcontractor for failing to obtain offeror-required bonding. Documentation furnished by a surety company will be subject to verification by DART; and

(15) Whether other offerors have attained a sufficient level of SBC participation to meet the contract goals.

(d) The Contracting Officer will look not only at the different kinds of efforts that the offeror has made, but also the quantity and intensity of those efforts. Efforts that are merely pro forma are not good faith efforts to meet the goals (even if they are sincerely motivated) if, given all relevant circumstances, the offeror's efforts could not reasonably be expected to produce a level of SBC participation sufficient to meet the goals.

Form 33.215 (11/25) Page 5 of 12 Exhibit G

(e) Offerors are reminded that the issue of whether or not the offeror has met or exceeded the established goals and/or demonstrated good faith efforts is considered a matter of the offeror's responsibility. The Contracting Officer will only award contract(s) to offerors determined to be responsible. The Contracting Officer, after affording the Authority's Department of Vendor Management an opportunity to make a recommendation, shall be responsible for determining the sufficiency of an offeror's good faith efforts to meet the contract goals.

(f) An offeror that the Contracting Officer determines is not responsible may request administrative review and reconsideration under the Authority's Procurement Regulations. As part of any reconsideration, if requested, the offeror may elect to meet in person with the Reconsideration Official (President & Chief Executive Officer of the Authority) to discuss credit toward meeting the SBC goal or whether the offeror made adequate good faith efforts.

5. Submission of SBC Utilization Forms and Related Documentation (M-126, NOV 25)

(a) Each offeror should submit to the Authority an executed Intent to Perform as a Subcontractor form (Attachment

1) for each proposed SBC subcontractor and other documentation required by the solicitation when the initial response to the Authority's solicitation is due.

(b) The Intent to Perform as A Subcontractor form for each proposed SBC subcontractor shall constitute a representation by the offeror to the Authority that it believes such firm is certified as an SBC, and is ready, willing, and able to perform the work indicated. It shall also represent a commitment by the offeror that if it is awarded the contract, it will enter into a subcontract with such SBC firm for the work described at the approximate price set forth in the Intent to Perform as A Subcontractor form.

(c) If the SBC subcontractor participation changes after the forms have been submitted, but prior to award of the contract, the offeror will be required to immediately notify the Contracting Officer of the changed amount and the reason(s) for the change. Modifications and/or substitutions of any SBC firm shall be in accordance with the SBC Modifications or Substitutions (M-117) provision of this Exhibit.

(d) The successful Offeror shall enter into formal subcontract agreements with the SBC firms shown in the submitted Intent to Perform As A Subcontractor form(s) within ten (10) business days after receipt of a contract executed by the Authority. The successful Offeror shall provide the Contracting Officer and the assigned Economic Opportunity Specialist with two copies of each agreement within three (3) business days of execution.

(e) The successful Offeror must also enter into formal subcontract agreements with non-SBC firms and the same shall be provided as stipulated in (d) above.

(f) Each subcontract agreement entered into, regardless of tier, shall include the following non-discrimination clause:

“The contractor, subrecipient, or subcontractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their not discriminate on the basis of race, color, religion, sex, disability or national origin (including sexual orientation and gender identity) in the performance of this contract. The contractor and subcontractor shall carry out applicable requirements of 49 CFR part 26 in the administration of this DOT-assisted contract. Failure to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such other remedy as DART deems appropriate.”

(g) Each subcontract agreement must also incorporate into it the Authority’s prompt payment and release of retainage clauses found within Exhibit F of this contract, and the provisions for properly terminating an SBC firm consistent with 49 CFR Part 26.

(h) Each subcontract will be reviewed by the Contracting Officer or his designee and the Vice President of Procurement their designee for compliance with the above provisions.

(i) If an Offeror is an SBC and lists itself on the Intent to Perform as A Subcontractor form, it is required to perform the work indicated with its own work force.

6. SBC Modifications or Substitutions (M-127, NOV 25)

This Provision applies to all modifications and substitutions under this Contract. The Contractor will be required to comply with this Provision to the extent needed to achieve the SBC goals agreed to at the time of contract award.

(a) A prime contractor may not terminate an SBC subcontractor, or an approved substitute SBC firm listed as fulfilling its contract goal without the expressed written consent of the Contracting Officer. This includes, but is not limited to, instances in which a prime contractor seeks to perform work, originally designated for an SBC subcontractor, with its own forces or those of an affiliate, a non-SBC firm, or with another SBC firm.

Form 33.215 (11/25) Page 6 of 12 Exhibit G

(b) The Contracting Officer will grant written consent, after consulting with the Vendor Management Division, for reasons stated in your concurrence document, that the prime contractor has good cause to terminate the SBC firm.

(c) For purposes of this paragraph, good cause includes the following circumstances:

(1) The listed SBC subcontractor fails or refuses to execute a written contract;

(2) The listed SBC subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the SBC subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor;

(3) The listed SBC subcontractor fails or refuses to meet the prime contractor’s reasonable, nondiscriminatory bond requirements;

(4) The listed SBC subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness;

(5) The listed SBC subcontractor is ineligible to work on public works projects, because of suspension and debarment proceedings pursuant to 2 CFR parts 180, 215, and 1,200, or applicable state law;

(6) You have determined that the listed SBC subcontractor is not a responsible contractor;

(7) The listed SBC subcontractor voluntarily withdraws from the project and provides to you written notice of its withdrawal;

(8) The listed SBC is ineligible to receive SBC credit for the type of work required;

(9) An SBC owner dies or becomes disabled with the result that the listed SBC contractor is unable to complete its work on the contract;

(10) Other documented good cause that you determine compels the termination of the SBC subcontractor.

Provided, that good cause does not exist if the prime contractor seeks to terminate an SBC it relied upon to obtain the contract, so that the prime contractor can self-perform the work for which the SBC contractor was engaged, or so that the prime contractor can substitute another SBC or non-SBC contractor after contract award.

(d) Before transmitting your request to terminate and/or substitute an SBC subcontractor, the Offeror/Contractor must give notice in writing to the SBC subcontractor, with a copy to the Contracting Officer, of its intent to request to terminate and/or substitute, and the reason for the request.

(e) The Offeror/Contractor must give the SBC five days to respond to this notice. In this notice the Offeror/Contractor must notify the SBC subcontractor to advise them and the Contracting Officer of the reasons, if any, why it objects to the proposed termination of its subcontract, and why the Authority should not approve the Offeror’s/Contractor’s action. If required in a particular case as a matter of public necessity (e.g., safety), the Contracting Officer may require a response period shorter than five days. The Contracting Officer shall notify the Offeror/Contractor in writing of his decision as expeditiously as possible.

(f) In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for SBC firms put forward by offerors in negotiated procurements.

(g) When an SBC subcontractor is terminated or fails to complete its work on the contract for any reason, the Offeror/Contractor must make good faith efforts to find another SBC subcontractor to substitute for the original SBC. These good faith efforts shall be directed at finding another SBC to perform at least the same amount of work under the contract as the SBC that was terminated, to the extent needed to meet the contract goal established for the procurement.

(h) The Offeror/Contractor must submit a new Intent to Perform As A Subcontractor form for the substitute SBC firm(s) with the request for change, to verify that the new SBC firm(s) is certified by the Small Business Administration, NCTRCA, another certifying entity of the TUCP, or the Vendor Management Division. The Contracting Officer shall notify the Offeror/Contractor in writing of his decision as expeditiously as possible. If the contract has been awarded and the Contracting Officer approves the proposed substitution in writing, the Contractor shall provide a copy of the executed subcontract agreement with the proposed SBC firm to the Contracting Officer within ten (10) business days of its receipt of the substitution approval.

Form 33.215 (11/25) Page 7 of 12 Exhibit G

(i) If the Contractor does not comply with this Provision, the Authority may elect to apply contract remedies as defined in 49 CFR Part 26, or other contract remedies, as appropriate which include but not limited to:

(1) The Contractor not being entitled to any payment for work or material unless it is performed or supplied by the listed SBC pursuant to 49 CFR part 26.53;

(2) The Contracting Officer may order that the profits from the terminated portion of the SBC subcontract be forfeited by the Contractor.

7. Payment Documentation (M-118, NOV 25)

(a) Concurrently with the submission of the invoice or each request for a progress payment under this contract, the Contractor shall provide a breakdown of the amounts paid to SBC’s identified by the Contractor to participate in this contract. The breakdown shall be provided on the Vendor Payment Report form (Attachment 2). As provided elsewhere in this contract, the Authority may withhold all or part of any payment otherwise due the Contractor if the Contractor fails to submit the Vendor Payment Report form and/or make prompt payments to its subcontractors, suppliers, material men or laborers. Payment shall be made to subcontractors within ten (10) days from the date the prime contractor receives payment from DART.

(b) The Contractor’s signature on the Vendor Payment Report is a certification by the Contractor of the truth and accuracy of the matters contained in the Report. After award of the contract and prior to submission of the first invoice or request for progress payment, the Contractor shall, by written notice to the Contracting Officer, identify the person(s) with authority to sign the Vendor Payment Reports for the Contractor.

8. Sanctions for Noncompliance with the Authority's SBC Program Provisions (M-128, NOV 25)

Failure of the Contractor to carry out the Authority's SBC program provisions shall constitute a breach of contract and may result in termination of the Contractor for default or such remedy as the Authority may deem appropriate. The Authority reserves the right to apply legal and contract remedies available under state and local law, including but not limited to, responsibility determinations in future contracts, suspension/debarment procedures, as outlined in 49 CFR Part 29 and forfeiture of profits as provided for elsewhere. The Authority will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take steps provided in 49 CFR Section 26.107.and forfeiture of profits as provided for elsewhere. The willful making of false statements or providing incorrect information will be referred for appropriate legal action.

Form 33.215 (11/25) Page 8 of 12 Exhibit G

INTENT TO PERFORM AS A SUBCONTRACTOR FOR A CONTRACT AWARD

ATTACHMENT 1 TO EXHIBIT G

DALLAS AREA RAPID TRANSIT

SOLICITATION NUMBER: 2095793

Pursuant to DART Board policy, SBC/SBE and DBE firms participating in the Authority's SBC and DBE Programs must have "current" certification status with the Authority prior to award of this contract. If the Authority determines that the firm is not an eligible SBC/SBE and/or DBE firm for DART contracts and subcontracts, such firms must immediately submit a completed Application for Certification, Certification Affidavit or Declaration of Eligibility the North Central Texas Regional Certification Agency online at www.nctrca.org; or any other certification agency that falls under the Texas Unified Certification Program.

1. Name of Offeror / Prime Contractor ___________________________________________________________________

2. The undersigned has been certified by DART via NCTRCA Certification #_____________________________________

3. The undersigned has not been certified by NCTRCA, however they are certified through the following agency:

4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both):

and at the following price $ _________________ OR percentage _________________%

_______________________ _____________________________________________________ DATE: ____/____/____ (Name of Subcontractor Firm) (Signature of Owner, President or Authorized Agent of Subcontractor Firm)

Subcontractor Certification _________________________________________________ _______________________ Status – CHOOSE ONLY ONE (Print or Type - Name of the above signatory) (phone)

☐ SBC/SBE ☐DBE (DBE Certifications valid only after October 3, 2025)

DECLARATION OF PRIME CONTRACTOR

I HEREBY DECLARE AND AFFIRM that I am the _____________________________________________ (Title of Declarant) and a duly authorized representative of ____________________________________________________ (Name of Prime Contractor) to make this declaration and that I have personally reviewed the material and facts set forth in this Intent to Perform form. To the best of my knowledge, information and belief, the facts and representations contained in this form are true, the owner or authorized agent of the SBC/SBE and/or DBE firm signed this form in the place indicated, and no material facts have been omitted.

Upon receipt of authorization by the Contracting Officer, the undersigned will enter into a formal agreement with the listed SBC/SBE and/or DBE firm for work as indicated by this form within ten (10) business days after receipt of the contract executed by the Dallas Area Rapid Transit Authority. The undersigned will provide the Contracting Officer two (2) copies of that agreement within three (3) business days of its execution.

The Prime Contractor has designated the following person as their SBC/SBE and/or DBE Liaison Officer:

(Name - Please Print) (Phone)

Caution: Any false statements or misrepresentations regarding information submitted on this form may be a criminal offense in violation of Section 37.10 of the Texas Penal Code.

(Name of Declarant) (Signature of Declarant) (Date) http://www.nctrca.org/

INSTRUCTIONS FOR CONTRACTORS

"HOW TO FILL OUT VENDOR PAYMENT REPORT"

ATTACHMENT 2 TO EXHIBIT G

DALLAS AREA RAPID TRANSIT

The Vendor Payment Report is to be completed by the Contractor and submitted with every invoice.

Please follow the instructions.

Form 33.215 (11/25) Page 9 of 12 Exhibit G

1. Invoice No.

Fill in the invoice number accompanying this report.

2. Reporting Period Provide the period of time you are reporting.

Example: From: April 1, 2025 To: April 30, 2025.

3. DART Contract Number Fill in the contract number assigned to your project by DART.

4. Contractor's Business Name, Telephone Number and Email Address Fill in your company's name, telephone number and email address.

5. Date of Contract Award Fill in the date the contract was finally executed by both you and DART.

6. Expiration Date Fill in date of contract expiration as written in the contract, and/or modification.

7. Original Contract Amount Fill in dollar amount of original contract agreed upon by you and DART.

8. Current Contract Amount, Including Modifications and Dates Fill in dollar amount of original contract plus/minus the new dollar amount as a result of contract modifications, if applicable. Include the date of the most recent modification.

9. Total Amount Received to Date Fill in the dollar amount you have received from DART to date.

10. Invoice Amount Fill in the dollar amount of the invoice accompanying this report.

11. Total Amount Owed Fill in the dollar amount of the contract minus the amount paid to you by DART.

12. Committed Percentage SBC/SBE and/or DBE Fill in the committed percentage of SBC/SBE and/or DBE participation per the executed Intent to Perform As A Subcontractor form.

13. Name of Subcontractors Name all SBC/SBE and/or DBE subcontractors.

(Use additional sheets, as necessary.)

14. SBC/SBE and/or DBE State whether the subcontractor is an SBC/SBE and/or DBE.

15. Description of Work State the work performed by the SBC/SBE and/or DBE. subcontractor.

16. Most Recent Amount Paid to Subcontractors Provide the last/most recent amount paid to each SBC/SBE and/or DBE subcontractor to date.

17. Dates of Most Recent Amount Paid to Subcontractors State the date of last/most recent payment made to each SBC/SBE and/or DBE subcontractor.

18. Total Amount Paid to Date (dollars) Provide the total amount paid to date to each subcontractor (add all amounts paid to each SBC/SBE and/or DBE. subcontractor to date.

19. Total % Paid to Date Against Contract Value State percentage (%) amount paid to each SBC/SBE and/or DBE subcontractor divided by the dollar amount committed to them.

20. Amount of This Invoice Allocated to Subcontractor Fill in how much of this invoice will be paid to each SBC/SBE and/or DBE. subcontractor.

Form 33.215 (11/25) Page 10 of 12 Exhibit G

VENDOR PAYMENT REPORT

ATTACHMENT 2 TO EXHIBIT G

DALLAS AREA RAPID TRANSIT

1) Invoice Number: 2) Reporting Period: : From _____ /_____ /_____ To _____ /_____ /_____ 3) DART Contract Number:

Instructions: All prime contractors are required to complete and submit this report as specified in the contract, or as requested by the Contracts Specialist, until final payment of the contract. Note: Failure to comply with DART's Small Business Concern (SBC) provisions may result in contract termination, or the suspension or debarment of the contractor from doing business with DART in the future in accordance with the procedures set forth in DART's Procurement Regulations. To complete this report, see detailed instructions on the proceeding page of Exhibit G.

This report must be submitted with every invoice.

4) Contractor's Business Name, Telephone Number and Email Address:

5) Date of Contract Award: 6) Expiration Date: 7) Original Contract Amount: 8) Current Contract Amount, Including Modifications:

(State total amount & date of most recent modification)

9) Total Amount Received to Date: 10) Invoice Amount: 11) Total Amount Owed: 12) Committed Percentage of SBC/SBE and/or DBE:

SBC/SBE DBE

13) Name of Subcontractor:

14) SBC/

SBE

DBE

15) Description of Work: 16) Most Recent Amount Paid to Subcontractor:

17) Date of Most Recent Amount Paid to Subcontractor:

18) Total Amount Paid to Date:

19) Total % Paid to Date Against Contract Value:

20) Amount of This Invoice Allocated to Subcontractor:

Company Official's Signature & Title: Date Signed: Name & Title of Individual Completing Report:

Form 33.215 (11/25) Page 11 of 12 Exhibit G

Signing this report certifies the truth and accuracy of its contents.

Form 33.215 (11/25) Page 12 of 12 Exhibit G

Page Intentionally Blank

File details come from the government source that posted it. Updated .