FORM 6 - DBE REGULAR DEALER DIST AFFIRMATION.pdf

PDF 191 KB Posted

Attached to
Employee Assistance Program
Solicitation number
PS141248
Issued by
California

About this file

This is a Disadvantaged Business Enterprise (DBE) Regular Dealer Distributor Affirmation Form used by Metro to evaluate DBE participation in contract opportunities. The form establishes the framework for determining eligibility for credit calculations based on the type of business performing the work. DBEs functioning as regular dealers—firms that own or lease and operate establishments where materials, supplies, or equipment described in contract specifications are bought, kept in sufficient quantities, and regularly sold or leased to the public—are eligible for 60 percent credit toward contract requirements. DBEs operating as distributors—established businesses engaged in regular sale or lease of specified items that assume responsibility for purchased items from the point of origin—are eligible for 40 percent credit. The determination of DBE credit is made on a contract-by-contract basis and requires submission of supporting documentation including bidder quotes, commitments, contracts, or purchase orders showing the materials the DBE will supply.

The form contains a decision tree of questions to classify DBE participation and establish appropriate credit levels. Key distinctions include whether items are provided from on-hand inventory, whether bulk or specialty items are delivered using company-owned or long-term leased equipment, and whether written terms from third-party suppliers transfer responsibility for loss or damage at the point of origin. Bidders are responsible for verifying the accuracy of DBE information provided and ensuring proper counting of participation; any shortfall resulting from counting errors is the bidder's responsibility. The DBE representative must affirm that the company will independently negotiate pricing, order quantities, pay for items, and maintain responsibility for item quality, repairs, exchanges, and warranty claims.

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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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