DETERMINATION OF DBE PARTICIPATION A firm must be an eligible DBE and perform a professional or technical function relating to the project. Once a firm is determined to be an eligible DBE, the total amount paid to the DBE for work performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subprovider is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. A DBE subprovider may subcontract no more than 70% of a federal aid contract. The DBE subprovider shall perform not less than 30% of the value of the contract work with assistance of employees employed and paid directly by the DBE; and equipment owned or rented directly by the DBE. DBE subproviders must perform a commercially useful function required in the contract in order for payments to be credited toward meeting the contract goal. A DBE performs a commercially useful function when it is responsible for executing 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 . When a DBE is presumed not to be performing a commercially useful function, the DBE may present evidence to rebut this presumption. A Provider may count toward its DBE goal a portion of the total value of the contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the contract performed by the DBE. Proof of payment, such as copies of canceled checks, properly identifying the Department’s contract number or project number may be required to substantiate the payment, as deemed necessary by the Department.
Voluntary Participation The Grantee’s participation in the Plan is voluntary. The value of the Restricted Stock Units is an extraordinary item of compensation. Unless otherwise expressly provided in a separate agreement between the Grantee and the Company or a Subsidiary, the Restricted Stock Units are not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end-of-service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
Participation Requirements The right to participate in the Public bidding have parties, which have cumulatively fulfilled the following requirements: • which have purchased the Bidding documents; • which have concluded the Confidentiality Agreement; • which have submitted the application for participation in the Public sale; • which have paid in the deposit for participation in the Public bidding in the amount of EUR 418.880,00, which is also payable in the RSD equivalent calculated according to the official selling exchange rate of the NBS, current on the announcing date of the Public invitation or have submitted, together with the application for participation in the Public bidding, the Bid Bond, amounting to EUR 418.880,00, which is also payable in the RSD equivalent, calculated according to the official selling exchange rate of the NBS, current on the announcing date of the Public Invitation, and • which have registered for participation in the Public bidding. As a Bidder can apply also a Consortium consisted of domestic and/or foreign legal entities and/or individuals (hereinafter: Consortium). By the Agreement on Consortium, the members of Consortium have to authorize one of them to represent a Consortium (hereinafter: Authorized representative of the Consortium) to act on behalf of and for the account of the Consortium. The Consortium Agreement must determine unlimited joint and several liabilities of all members of the Consortium. The Agreement on Consortium has to be submitted together with the application for participation in the Public bidding. Selling (bidding) documents: Selling documents must contain: - Confidentiality Agreement; - Application Form for participation in the public sale; - Draft Stake SPA; - Rules of the Public bidding procedure – Instructions to Bidders; - Relevant documents related to property – legal matters; - Copy of the Public invitation for participation in the Public bidding. Interested parties can purchase the selling documents at the price of RSD 40.000,00 without VAT, after the invoice has been issued by the Privatization Agency. After the payment evidence has been submitted, the selling documents can be collected at the following address: Privatization Agency, Belgrade, 00 Xxxxxxxx Xx., 0xx floor, office 511. The money paid for the purchase of the selling documents is not to be returned. Selling documents shall be available to interested parties commencing with 27.11.2008. Deadline for collection of the selling documents is 10.12.2008, at 16:30. The parties which purchase the selling documents and sign the Confidentiality Agreement will be enabled to visit the Subject of sale. The site visit schedule will be determined according to the Rules of the Public bidding procedure – Instructions to Bidders.
