attachment_11_-_commercially_useful_function_evaluation.pdf

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Attached to
RFP 27-3001 - Workers Compensation Third Party Administrator
Solicitation number
0000040419
Issued by
California

About this file

This is a Commercially Useful Function Evaluation Form (DGS OBAS Form 201) issued by the State of California's Department of General Services for use in connection with RFP 27-3001 for a Workers Compensation Third Party Administrator. The form requires small businesses, micro-businesses, and disabled veteran business enterprises to certify that they perform a commercially useful function on state contracts, as mandated by California Government Code Section 14837 effective January 1, 2004. Suppliers must demonstrate that they execute a distinct element of work, actually perform or manage the work, provide services normal to their business operations, control purchasing decisions regarding products and materials, and do not subcontract work beyond normal industry practices. The form requires certification by both the authorized representative of the supplier and the buyer or cardholder confirming that the supplier meets all five statutory criteria.

The form serves as a compliance and verification mechanism to prevent pass-through arrangements that create only the appearance of small business participation without substantive business involvement. Suppliers and their authorized representatives must sign and date the certification, as must the responsible buyer or cardholder, establishing accountability and documentation of the evaluation process for audit and compliance purposes.

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DGS OBAS Form 201

COMMERCIALLY USEFUL FUNCTION EVALUATION FORM

(rev. 10/14)

Supplier Name: ________________________________________________________

On January 1, 2004, Chapter 623, Statutes of 2003, became effective and requires all Small Businesses, Micro-Businesses and Disabled Veteran Business Enterprises to perform a “commercially useful function” in any contract they perform for the State.

Per GC 14837, Section 1: A business that is performing a commercially useful function is one that does ALL of the following:

1) Is responsible for execution of a distinct element of the work of the contract.

2) Carries out its obligation by actually performing, managing, or supervising the work involved.

3) Performs work that is normal for its business, services and function

4) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Note: A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s 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 small business or microbusiness participation.

Supplier’s Certification:

I certify that my company meets all five of the criteria listed above.

Authorized Representative Date

Buyers Certification:

Buyer has determined that a CUF will be performed by this supplier.

Buyer/Cardholder’s printed name Date

Supplier Name:
Authorized Representative:
Date:
BuyerCardholders printed name:
Date_2:

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