DBE Commercially Useful Function (CUF)
Project Site Review
OFC Form 21 (Revised 8/2013)
Per 49 CFR 26.55, states “A DBE 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… A DBE 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 DBE participation…”
Contract Administrators or Consultants will perform CUF reviews for each DBE subcontractor on each project. The review should be conducted when the DBE first begins work. Fax completed reviews to the NHDOT DBE Coordinator at 271-8048, and retain a copy for your records in Office of Federal Compliance Project Folder.
Project Number / Project NamePrime Contractor / DBE Subcontractor
DBE Subcontractor Personnel Interviewed:
Please check any observations noted below:
Management
q DBE management/supervisors have the ability and direct contracted work.
q Operational decisions are being made by DBE management/supervisors only.
q DBE employees are being supervised by DBE management/supervisors only.
q DBE manager/supervisor is full time and not affiliated with another contractor.
Workforce
q DBE equipment is present and sufficient to perform all DBE contracted work.
q DBE is only using equipment it owns, rents or leases.
q DBE employees work only for the DBE and do not work for another contractor.
q DBE works without sharing employees or equipment with another contractor.
Materials
q DBE’s orders and pays for all materials used in the performance of their work.
q DBE’s material purchases indicate the DBE is the customer.
q DBE’s materials are not purchased from or purchased by the Prime Contractor.
Does the DBE appear to be performing a Commercially Useful Function? Yes_____ No_____
Please explain any problems or concerns you may have observed. ______
______
Prepared by:______Title______Date______
OFC Form 21 (Revised 8/2013)