FORM 6 - DBE REGULAR DEALER DIST AFFIRMATION.pdf
PDF 191 KB Posted
- Solicitation number
- DR145771
- Issued by
- California
About this file
This is a Disadvantaged Business Enterprise (DBE) Regular Dealer Distributor Affirmation Form used by Metro to assess eligibility for DBE credit on contract participation. The form establishes the framework for determining whether a DBE qualifies as a regular dealer or distributor and the corresponding percentage of credit—60 percent for regular dealers or 40 percent for distributors—that can be counted toward the cost of materials and supplies. The form requires the DBE to provide business identification information, NAICS codes related to items to be sold or leased, and documentation such as quotes, commitments, contracts, or purchase orders showing the materials the DBE will supply. The affirmation applies to a specific contract and requires the authorized DBE representative to certify the accuracy of provided information and confirm that the company will independently negotiate pricing, order quantities, and assume responsibility for item quality and warranty claims.
A DBE regular dealer is defined as a firm that owns or leases and operates an establishment where materials and supplies of the general character described in contract specifications are kept in sufficient quantities and regularly sold or leased to the public in the usual course of business. A DBE distributor is an established business engaged in regular sale or lease of specified items and assumes responsibility for materials once they leave the point of origin, including liability for loss or damage not covered by carrier insurance. The form includes a tiered qualification process: if all items come from on-hand inventory, the DBE qualifies for 60 percent credit; if at least 51 percent of items come from inventory with minor quantities from other sources, 60 percent credit applies; if items are bulk or specialty items delivered using the DBE's own equipment, 60 percent credit applies; and if purchase orders transfer responsibility and risk at the point of origin with non-manufacturer delivery sources, 40 percent credit applies. The bidder is responsible for verifying DBE information accuracy and ensuring correct counting, with any shortfalls in credit from counting errors being the bidder's responsibility.
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DBE FORM 6 - DBE Regular Dealer Distributor Affirmation Form Business Name:
Business Address:
Metro will make a preliminary counting determination for each DBE listed as a regular dealer or distributor to assess its eligibility for 60 or 40 percent credit, respectively, of the cost of materials and supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in the Instructions to Bidders/Proposers of the solicitation and the Contract Compliance Manual, under the Contract at issue. A DBE regular dealer is a firm that owns (or leases) and-operates, 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 sufficient quantities, and regularly sold or leased to the public in the usual course of business. Items kept and regularly sold by the DBE are of the ‘‘general character’’ when they share the same material characteristics and application as the items specified by the contract. A DBE distributor is an established business that engages in the regular sale or lease of the items specified by the contract. A DBE distributor assumes responsibility for the items it purchases once they leave the point of origin (e.g., a manufacturer’s facility), making it liable for any loss or damage not covered by the carrier’s insurance. A DBE distributor may receive 40% credit for drop-shippped items. The amount of DBE credit will be made on a contract-by-contract basis. A copy of the bidder's quote, commitment, contract, or purchase order showing the materials the DBE regular dealer or distributor is supplying must be attached to this form.
DBE Name: Total Subtract/Purchase Order Amount:
Authorized DBE Representative (Name and Title): NAICS Code(s) Related to the Items to be Sold/Leased:
1. Will all items sold or leased be provided from the on-hand inventory at your establishment? Yes No
(If "YES," you have indicated that your performance will satisfy the regular dealer requirements and may be counted at 60%. STOP here. Read and sign the affirmation below. If "NO" Continue
a. Are you selling bulk items (e.g., petroleum products, steel, concrete, concrete products, sand, gravel, asphalt, etc.) or items not typically stocked due to their unique characteristics (aka specialty items)? Yes No
If "YES," Go to Question 2. If "NO" Continue.
b. Will at least 51% of the items you are selling be provided from the inventory maintained at your establishment, and will the minor quantities of items delivered from and by other sources be of the general character as those provided from your inventory?
Yes No*
If "YES," you have indicated that your performance will satisfy the regular dealer requirements and may be counted at 60%. STOP here. Read and sign the affirmation below.
*If 1.,1.a., and 1.b. above are "NO," your performance on the whole will not satisfy the regular dealer requirements;
therefore, only the value of items to be sold or leased from inventory can be counted at 60%. (Go to Question 3. to determine if the items delivered from and by other sources are eligible for Distributor credit.)
2. Will you deliver all bulk or specialty items using distribution equipment you own (or under a long-term lease) and operate?
Yes No
If "YES," you have indicated that your performance will satisfy the requirements for a regular dealer of bulk items and may be counted at 60%. STOP here. Read and sign the affirmation below.
If "NO," your performance will not satisfy the requirements for a regular dealer of bulk items; the value of items to be sold or leased cannot be counted at 60%. (Go to Question 3.
3. Will the written terms of your purchase order or bill of lading from a third-party transfer responsibility, including risk for loss or damage to your company at the point of origin (e.g. a manufacture's facility)? Yes No
a. Will you be using sources other than the manufacturer (or other seller) to deliver or arrange delivery of the items sold or leased?
Yes No
If your responses to 3 and 3.a. are "YES," you have indicated that your performance will satisfy the requirements of a distributor. Therefore, the value of items sold or leased may be counted at 40%.
If you responded "NO" to either 3 or 3.a., counting of your participation is limited to the reasonable cost of fees or commissions charged, including transportation charges for the delivery of materials or supplies; the cost of materials or supplies may not be counted.
I affirm that the information that I provided above is true and correct and that my company's subsequent performance of a commercially useful function will be consistent with the above responses. I further affirm that my company will independently negotiate price, order specified quantities, and pay for the items listed in the bidder's commitment. This includes my company's responsibility for the quality of such items in terms of necessary repairs, exchanges, or processing of any warranty claims for damaged or defective materials.
Printed Name and Signature of DBE Owner/Authorized Representative:
The bidder acknowledges its responsibility for verifying the information provided by the DBE named above and ensuring that the counting of the DBE's participation is accurate. Any shortfall caused by errors in counting is the responsibility of the bidder.
Printed Name and Signature of Bidder's Authorized Representative:
Any shortfall caused by errors in counting is the responsibility of the bidder.
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| Are you selling bulk items eg petroleum products steel concrete concrete products sand gravel asphalt etc or items not: Off |
| minor quantities of items delivered from and by other sources be of the general character as those provided from your inventory: Off |
| Will you deliver all bulk or specialty items using distribution equipment you own or under a longterm lease and operate: Off |
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| Will the written terms of your purchase order or bill of lading from a thirdparty transfer responsibility including risk for loss or: Off |
| Will you be using sources other than the manufacturer or other seller to deliver or arrange delivery of the items sold or leased: Off |
| The bidder acknowledges its responsibility for verifying the information provided by the DBE named above and ensuring that the: |
| Any shortfall caused by errors in counting is the responsibility of the bidder: |
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