(a) Total Contract Value: Once a firm is established as a DBE under this chapter, the entire dollar value of the contract awarded to the DBE shall be counted toward the relevant DBE goals.
(b) Proportional Ownership: The total contract value to a DBE owned and controlled by disadvantaged individuals shall be counted toward the DBE goals for disadvantaged individuals, in proportion to the ownership and control percentage of each group in the business.
(c) Joint Venture: A contractor may count toward DBE goals the portion of the total contract value with an eligible joint venture, equal to the DBE partner's ownership and control percentage.
(d) Commercially Useful Function
(1) Contractors may only count toward DBE goals the expenditures to DBEs performing a commercially useful function, defined as responsibility for a distinct work element, with actual execution, management, and supervision.
(2) A DBE may subcontract consistently with industry practices. However, excessive subcontracting may be presumed as non-compliance with commercial usefulness. The DBE may present evidence to rebut this presumption to the MBE Officer.
(e) Materials and Supplies: A contractor may count toward its DBE goal:
(1) Sixty percent (60%) of expenditures for materials and supplies from a DBE regular dealer.
(2) One hundred percent (100%) of such expenditures from a DBE manufacturer.
(f) Specific Expenditures to Non-Manufacturers or Regular Dealers: A contractor may count toward DBE goals expenditures to DBEs that aren't manufacturers or regular dealers for:
(1) Fees for bona fide services, such as professional, technical, consulting, or managerial services, or procurement assistance, if deemed reasonable.
(2) Fees for material and supply delivery, excluding the cost of the materials themselves, if the delivery fee is reasonable.
(3) Fees for bonds or insurance specifically required for contract performance, if deemed reasonable.