Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier Who Must Complete this Form? A Proposed ACDBE Credit Form must be completed for each ACDBE firm for which the Prime Contractor intends to claim ACDBE credit, including the Prime and/or any first tier AND lower tier (i.e., second tier, third tier, etc.) firm. This credit would be for the anticipated ACDBE firm’s work performed or materials provided as part of the Prime Contractor’s “good faith efforts” to meet the ACDBE goal for the Prime contract. Note: In order to receive ACDBE credit for work performed or materials provided by an ACDBE firm, the ACDBE firm must be certified as an ACDBE in the state of Michigan by the bid or proposal deadline. If the Prime Contractor will not claim, as ACDBE credit, any work performed or materials provided by a ACDBE firm towards meeting the ACDBE goal for the Prime contract, then completion of this form is not required. All fields on the form must be completed; no fields should be left blank. If appropriate, complete a field with “not applicable” or “N/A”. Ensuring accurate completion of the Proposed ACDBE Credit Form is the responsibility of the prospective Prime Contractor. Failure to timely arrange for prospective ACDBE firm to complete this form as part of the Prime Contractor’s bid or proposal may result in its bid or proposal being deemed Nonresponsive. Both the Prime Contractor and ACDBE firm must sign the certification at the end of this form. For further guidance on the completion of this form, carefully review the attached instructions. Duplicate as needed. What type of Contract is this? (check one) Concession - Any future reference to “firm” means Concession: Subcontractor; or Joint Venture Partner; or Supplier. Management Services - Any future reference to “firm” means Subconsultant or Joint Venture Partner. What Type of ACDBE Firm are you? (check one) Services Subcontractor (subcontractor) is defined as a firm that performs services at the direction and discretion of the Prime contractor and for which is paid for the performance of this work. The value of the work performed by a subcontractor is 100 percent creditable toward a contracted ACDBE commitment. Joint Venture Partner is defined as a person or firm that participates in a contract with one or more other firms to carry out a single for profit business enterprise, and to which contributes property, capital, efforts, skills, and knowledge, and in which is responsible for a distinct, clearly defined portion of the work of the contract (commercially useful function) and shares in the capital, contribution, control, management, risks, and profits of the joint venture commensurate with its ownership interest. The value of the work performed by a Joint Venture Partner is 100 percent creditable toward a contracted ACDBE commitment. Supplier (includes Manufacturer, Regular Dealer (Supplier), and Broker) A Manufacturer is defined as a firm that operates, or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. The value of the materials provided by a Manufacturer is 100 percent creditable toward a contracted ACDBE commitment. A Regular Dealer is defined as firm that owns, operates or maintains a store, warehouse or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold in the usual course of business. The firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. Bulk items such as steel, cement, gravel, stone, and petroleum products need not be kept in stock, if it owns or operates distribution equipment. The value of the materials provided by a Regular Dealer is 60 percent creditable toward a contracted ACDBE commitment. A Broker is defined as a firm that arranges or expedites transactions. Only those costs associated with the arranging or expediting of such transactions can be applied as ACDBE creditable. If you are a Services Subcontractor then only complete sections A thru E, and K of this form. If you are a Joint Venture Partner then only complete sections A, F, G, and K of this form. If you are a Supplier then only complete sections A, and H thru K of this form. Any future reference to “firm” means Services Subcontractor or Joint Venture Partner or Supplier. Revised 12/2010 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier Page 1 of 6 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier A. Description of Prime Contract (1) Project Name (2) Airport Authority Control (Solicitation) Number (3) Prime Contractor Name B. Description of ACDBE Services Subcontractor Work/Participation** (1) ACDBE Services Subcontractor Name. ___________________________________________________________________________________________ (2) Describe in detail the distinct, clearly defined commercially useful function that the ACDBE Services Subcontractor will perform on the Prime contract with its own forces: ___________________________________________________________________________________________ (3) Will the ACDBE Services Subcontractor purchase or lease any supplies or equipment from the Prime Contractor? Yes No If yes, then also describe the supplies and/or equipment the ACDBE Services Subcontractor will purchase or lease from the Prime Contractor and provide the dollar value of the supplies/equipment to be leased from the Prime Contractor. **Note: A copy of the ACDBE Services Subcontractor’s agreement or purchase order must be submitted upon request of the Airport Authority. C. Value of ACDBE Services Subcontractor Work/Participation (1) Provide the total dollar value of the ACDBE Services Subcontractor’s $ work/participation on the Prime contract, including any work to be performed by Non-ACDBEs or other ACDBE’s. (2) Provide the percentage of the Prime contract value to be performed by the ACDBE Services Subcontractor. For this section, “Prime contract value” means the total cost of work awarded by the Airport Authority. [Insert Basis for Determining Low Bid] Revised 12/2010 % Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier Page 2 of 6 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier D. Description of ACDBE Services Subcontractor Work/Participation to be Performed by Other Firms (1) If any ACDBE Services Subcontractor work will be performed by any NON-ACDBE firms, then provide the following for each NON-ACDBE (include any NON-ACDBE suppliers, including brokers and attach additional pages if needed): a) Non-ACDBE Phone Number Email Address Contact (b) Description of Work (c) Total Dollar Name and Person Name to be Performed or Value of Address Supplies/Equipment NONto be Provided by ACDBE Work NON-ACDBE Firm (2) If any ACDBE Services Subcontractor work will be performed by other ACDBE firms, then provide the following for each ACDBE firm (includes any ACDBE suppliers, including brokers and attach additional pages if needed): a) Name and Phone Email Contact (b) Description of work (c) Dollar (d) Total Dollar Address Number Address Person to be Performed Value of Value to Name or Supplies/ ACDBE be claimed Equipment to be Work as ACDBE Provided by Credit ACDBE Firm E. Breakdown of Value of ACDBE Credit for Services Subcontractor Work/Participation (1) Total dollar value of the ACDBE Services Subcontractor’s work/ participation [This is the same dollar value provided in Section C(1) above]. $____________ (2) Total dollar value of ACDBE Services Subcontractor’s work/participation that will be performed by NON-ACDBE firms. [This is the same Grand Total Dollar Value provided in Section D.(1)(d) above.] $____________ (3) Total dollar value of ACDBE Services Subcontractor’s work/ participation that can count as ACDBE Credit [Subtract line E.(2) from line E.(1)] Grand Total of ACDBE Credit Revised 12/2010 $____________ Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier Page 3 of 6 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier F. Description of ACDBE Joint Venture Partner’s Participation** (1) ACDBE Joint Venture Partner Name. (2) Describe in detail the distinct, clearly defined commercially useful function1 that the ACDBE Partner will perform on the Prime contract with its own forces: *Note: A copy of the ACDBE Partner’s joint venture agreement must be submitted upon request of the Airport Authority. G. Value of ACDBE Joint Venture Partner Participation (1) Provide the total dollar value of the ACDBE partner’s participation on the Prime contract. (2) Provide the percentage of the Prime contract value to be performed by the ACDBE partner. For this section, “Prime contract value” means [Insert Basis for Determining Low Bid.] $ % Useful Function is explained at 49 CFR § 26.55 as follows: “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. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.” For further guidance please see the explanation at the beginning of this section entitled Airport Concession Disadvantaged Business Enterprise (ACDBE) Program or refer to 49 CFR Parts 23 and 26. 1Commercially Revised 12/2010 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier Page 4 of 6 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier H. Description of ACDBE Supplier Participation (1) ACDBE Supplier Name ____________________________________________________________________________________________ (2) Describe all of the supplies and/or equipment the ACDBE Supplier will provide under the subcontract. ____________________________________________________________________________________________ (3) Based upon the definitions included in 49 CFR §26.55(e), identify below the type of “supplier” the ACDBE Supplier is certified as in the Michigan Unified Certification Program (MUCP) and will operate as under this subcontract (Check the appropriate box): ____________________ Manufacturer Regular Dealer (Supplier) Broker___________________ (4) Is the ACDBE supplier certified by the Michigan Unified Certification Program (MUCP) as the type of “supplier” identified immediately above? Yes No NOTE: If your response to H.(4) above is “no”, then this work cannot be counted towards meeting the ACDBE goal. I. Value of ACDBE Supplier Participation (1) Provide the total dollar value of the ACDBE Supplier’s subcontract. $ (2) Provide only the total dollar value and percentage value of the commission, transportation charges for the delivery of supplies/equipment or other fees the $_______________ ACDBE supplier will charge. Note: For the percentage value, use a percent that is based upon the total dollar value of the supplies/equipment to be provided by AND the ACDBE Supplier under the subcontract (i.e., provide a percent of the dollar value provided in I. (1) immediately above). ______________% (3) Provide only the cost of the supplies/equipment to be provided by the ACDBE $ Supplier under the subcontract. J. Value of ACDBE Credit for ACDBE Supplier In the applicable ACDBE Supplier category below, state (in dollars and percent) what portion of the ACDBE Supplier’s subcontract value identified in Section I.(1) above, can count as ACDBE Credit towards meeting the ACDBE goal for the Prime contract. If the ACDBE Supplier is certified and will operate in only one category, then note $0 for the other categories. Additionally, if the ACDBE Supplier is certified, and will operate under its subcontract, in more than one “supplier” category for different types of supplies/equipment, then note the countable ACDBE Credit for each area of participation and provide the total for all categories on Line 4 below. (1) ACDBE Manufacturer Credit $__________________________ _____% of Total Subcontract Value (2) ACDBE Regular Dealer Credit $__________________________ _____% of Total Subcontract Value (3) ACDBE Broker Credit $__________________________ _____% of Total Subcontract Value (4) Total ACDBE Credit [Add lines J(1) thru J(3) above] $__________________________ _____% of Total Subcontract Value Revised 12/2010 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier Page 5 of 6 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier K. Certification and Signatures Under penalty of perjury, I certify that: (1) I am authorized to execute this form on behalf of my firm; (2) I have conducted reasonable due diligence in collecting the information to be submitted on or with this form; (3) I understand that this form contains material statements relied upon by the Airport Authority as a part of their decision-making process, and, based on my knowledge, the foregoing form does not contain any untrue information or omit any material fact necessary to make the information contained herein true and complete; (4) I have read and understand the rules, regulations, and policies applicable to the Airport Authority’s ACDBE program; (5) I, and the organization I represent, are in compliance with the rules, regulations, and policies applicable to the Airport Authority’s ACDBE program; and (6) I understand that if the Airport Authority determines that any information provided on this form, or any other document submitted to the Airport Authority in connection with the subject solicitation, is intentionally false or misleading, the Airport Authority may pursue any and all remedies at law or in equity, including without limitation termination of any and all contracts with my firm, designating my firm as non-responsible on future bid opportunities, debarment of my firm from doing business with the Airport Authority, as well as referral of my firm to the appropriate certifying and law enforcement agency(ies). Printed Name and Title of Prime Contractor Representative Signature of Prime Contractor Representative Date / / Printed Name and Title of ACDBE Firm Representative Signature of ACDBE Firm Representative Date / / Revised 12/2010 Proposed ACDBE Credit Form – Services Subcontractor/Joint Venture Partner/Supplier Page 6 of 6