Common use of Tribal Organizations Clause in Contracts

Tribal Organizations. The MRCC recognizes that a firm owned by an Indian tribe, Alaska Native Corporation, or Native Hawaiian organization as an entity, rather than by Indians, Alaska Natives, or Native Hawaiians as individuals, may be eligible for certification as long as such firm meets the size standards and is controlled by socially and economically disadvantaged individuals. DBE Certification Procedures In accordance with 49 CFR 26.83, the MRCC will ensure that only firms certified as eligible DBEs participate in the DBE Program. The MRCC will determine the eligibility of firms as DBEs consistent with the standards of 49 CFR Part 26, Subparts D and E. Applicants are evaluated on the basis of documentation in existence at the time of application. Any changes in ownership and control after a determination of certification by the Certifying Partner will not be considered. These changes include, but are not limited to, execution of new agreements, board or shareholders' resolutions, memoranda of understanding, consolidation, liquidation, reorganization, merger, election of new officers or directors, appointment of new principals or key personnel or the purchase or sale of shares or issuance of new shares. The MRCC Certifying Partner will require potential DBEs to complete and submit an appropriate application form. The Certifying Partner will assure that the applicant attests to the accuracy and truthfulness of the information on the application form. This will be done either in the form of an affidavit sworn to by the applicant before a person authorized by state law to administer oaths, or in the form of an unsworn declaration executed under penalty of perjury of the laws of the United States. The Certifying Partner will review all information on the form prior to making a decision about the DBE eligibility of the firm. Pursuant to 49 CFR 26.83(m), except as otherwise provided in this paragraph, if an applicant for DBE certification withdraws its application before the Certifying Partner has issued a decision on the application, the applicant firm can resubmit the application at any time. Should the applicant firm choose to resubmit its application to the MRCC, it must resubmit its application to the same Certifying Partner (Agency of Record) that initially obtained the firm’s records to review for certification eligibility. The Certifying Partner may not apply the twelve (12) month waiting period provided under 49 CFR

Tribal Organizations. The MRCC recognizes that a firm owned by an Indian tribe, Alaska Native Corporation, or Native Hawaiian organization as an entity, rather than by Indians, Alaska Natives, or Native Hawaiians as individuals, may be eligible for certification as long as such firm meets the size standards and is controlled by socially and economically disadvantaged individuals. DBE Certification Procedures In accordance with 49 CFR 26.83, the MRCC will ensure that only firms certified as eligible DBEs participate in the DBE Program. The MRCC will determine the eligibility of firms as DBEs consistent with the standards of 49 CFR Part 26, Subparts D and E. Applicants are evaluated on the basis of documentation in existence at the time of application. Any changes in ownership and control after a determination of certification by the Certifying Partner will not be considered. These changes include, but are not limited to, execution of new agreements, board or shareholders' resolutions, memoranda of understanding, consolidation, liquidation, reorganization, merger, election of new officers or directors, appointment of new principals or key personnel or the purchase or sale of shares or issuance of new shares. The MRCC Certifying Partner will require potential DBEs to complete and submit an appropriate application form. The Certifying Partner will assure that the applicant attests to the accuracy and truthfulness of the information on the application form. This will be done either in the form of an affidavit sworn to by the applicant before a person authorized by state law to administer oaths, or in the form of an unsworn declaration executed under penalty of perjury of the laws of the United States. The Certifying Partner will review all information on the form prior to making a decision about the DBE eligibility of the firm. Pursuant to 49 CFR 26.83(m), except as otherwise provided in this paragraph, if an applicant for DBE certification withdraws its application before the Certifying Partner has issued a decision on the application, the applicant firm can resubmit the application at any time. Should the applicant firm choose to resubmit its application to the MRCC, it must resubmit its application to the same Certifying Partner (Agency of Record) that initially obtained the firm’s records to review for certification eligibility. The Certifying Partner may not apply the twelve (12) month waiting period provided under 49 CFRCFR 26.86(c) before allowing the applicant firm to resubmit its application. However, the Certifying Partner may place the reapplication at the ‘‘end of the line,’’ behind other applications that have been submitted to the Certifying Partner since the applicant firm’s previous application was withdrawn. The Certifying Partner may also apply the twelve (12) month waiting period provided under 49 CFR 26.86(c) to a firm that has established a pattern of frequently withdrawing applications before the Certifying Partner makes a decision. The Certifying Partner may request additional information if there is insufficient evidence upon which to base a determination. No action will be taken on an application until all items have been submitted. Applicants who fail or refuse to submit information deemed necessary for certification review will not be certified. If any information requested is not available or applicable, the applicant must provide a written explanation. If additional information is required, the Certifying Partner will notify the applicant and will allow the applicant 10 business days for submittal of the information. An extension of time may be granted if reasonable justification for delay is provided. If the complete information or justification is not received within 10 business days, the Certifying Partner will issue a final request by certified mail, e-mail or fax. The final request will provide for submission of the information within 5 business days. Failure to submit all of the requested information at the end of the 5 business days may result in denial of the firm’s DBE application. The firm may appeal this determination to the USDOT, as provided for in 49 CFR 26.89. Any applicant who wishes to apply for certification whose file has been closed or denied must follow the procedures for initial application. The firm must re-apply to the original agency of record one year from the date of notification of denial from original certifying agency. The Certifying Partner will take all of the following steps in determining whether a DBE firm meets the eligibility standards set forth in 49 CFR Part 26: o Perform a desk audit where all of the applicant's submissions are reviewed for internal consistency, accuracy and conformity with the eligibility standards set forth in Federal Regulations, 49 CFR Part 26. o Conduct an on-site visit to the office(s) of the firm, interview the principal(s) and review their resumes and/or work histories o Conduct visits to job sites when possible o In certain circumstances, may rely upon the site visit reports of any other USDOT funded agency or UCP o Analyze the ownership of stock, partnership agreements, and/or operating agreements in the firm, as well as any other documents related to organizational structure o Analyze the bonding and financial capacity of the firm o Determine the work history of the firm, including contracts received, and work completed o Determine the type of work for which the firm will receive DBE participation credit o Verify the firm’s preferred location(s) for performing the work o Obtain a list of equipment owned by or available to the firm o Obtain a copy of the firm’s, and/or key personnel’s, license(s) necessary to perform the work it seeks as part of the DBE Program o Check the USDOT Office of Civil Rights’ (DOCRs) Ineligibility Determination Online Database for ineligibility The Certifying Partner will make decisions on applications for DBE certification within 90 days of receiving all required information from the applicant. The Certifying Partner may extend this time period once, for no more than an additional 60 days, upon written notice to the firm explaining the reasons for the extension. All firms certified by the Certifying Partners under 49 CFR Parts 26 and 23 will be included in the MRCC’s DBE Directory and database. The UCP must check the DOCR website at least once every month to determine whether any firm that is applying to you for certification or that you have already certified is on the list. For any such firm that is on the list you must promptly request a copy of the listed decision from the UCP that made it. As the UCP receiving such a request, you must provide a copy of the decision to the requesting UCP within seven days of receiving the request. As the UCP receiving the decision, you must then consider the information in the decision in determining what, if any, action to take with regard to the certified DBE firm or application. The MRCC will not impose an application fee for firms to participate in the DBE certification process. When another USDOT funded agency or UCP makes a written request to the Certifying Partner for information related to an application for DBE certification, the Certifying Partner will make the information available within 7 days. The certifying partner will obtain consent from the DBE firm prior to sending the information.

Tribal Organizations. The MRCC recognizes that a firm owned by an a federally recognized Indian tribe, Alaska Native Corporation, or Native Hawaiian organization as an entity, rather than by Indians, Alaska Natives, or Native Hawaiians as individuals, may be eligible for certification as long as such firm meets the size standards and is controlled by socially and economically disadvantaged individuals. Missouri DBE Certification Procedures In accordance with 49 CFR §26.83, the MRCC will ensure that only firms certified as eligible DBEs participate in the DBE Program. The MRCC will determine the eligibility of firms as DBEs consistent with the standards of 49 CFR Part §26, Subparts D and E. Applicants are evaluated based on the basis of documentation in existence at the time of application. Any changes in ownership and control after a determination of certification by the Certifying Partner will not be considered. These changes include, but are not limited to, execution of new agreements, board or shareholders' resolutions, memoranda of understanding, consolidation, liquidation, reorganization, merger, election of new officers or directors, appointment of new principals or key personnel or the purchase or sale of shares or issuance of new shares. The MRCC Certifying Partner will require potential DBEs to complete and submit an appropriate application form. The Certifying Partner will assure that the applicant attests to the accuracy and truthfulness of the information on the application form. This will be done either in formby signing the form Declaration of an affidavit sworn to by Eligibility (DOE) located at the applicant before a person authorized by state law to administer oaths, or in the form of an unsworn declaration executed under penalty of perjury end of the laws of the United Statesapplication. The Certifying Partner will review all information on the form prior to making a decision about the DBE eligibility of the firm. Pursuant to 49 CFR §26.83(m), except as otherwise provided in this paragraph, if an applicant for DBE certification withdraws its application before the Certifying Partner has issued a decision on the application, the applicant firm can resubmit the application at any time. Should the applicant firm choose to resubmit its application to the MRCC, it must resubmit its application to the same Certifying Partner (Agency of Record) that initially obtained the firm’s records to review for certification eligibility. The Certifying Partner may not apply the twelve (12) month waiting period provided under 49 CFRCFR §26.86(c) before allowing the applicant firm to resubmit its application. However, the Certifying Partner may place the reapplication at the ‘‘end of the line,’’ behind other applications that have been submitted to the Certifying Partner since the applicant firm’s previous application was withdrawn. The Certifying Partner may also apply the twelve (12) month waiting period provided under 49 CFR §26.86(c) to a firm that has established a pattern of frequently withdrawing applications before the Certifying Partner renders a decision. A certifier may notify the applicant about ineligibility concerns and allow the firm to rectify deficiencies within the remaining time period of the original 90 days. If a firm takes curative measures before the certifier renders a decision, the certifier must consider any evidence it submits of having taken such measures. The certifier must not automatically construe curative measures as successful or abusive. The Certifying Partner may request additional information if there is insufficient evidence upon which to base a determination. No action will be taken on an application until all items have been submitted. Applicants who fail or refuse to submit information deemed necessary for certification review will not be certified. If any information requested is not available or applicable, the applicant must provide a written explanation. If additional information is required, the Certifying Partner will notify the applicant and will allow the applicant 15 calendar days for submittal of the information. An extension of time may be granted if reasonable justification for delay is provided. If the complete information or justification is not received within 15 calendar days, the Certifying Partner will issue a final request by certified mail, e-mail, or fax. The final request will provide for submission of the information within 7 calendar days. Failure to submit all of the requested information at the end of the 7 calendar days may result in denial of the firm’s DBE application. The firm may appeal this determination to the USDOT, as provided for in 49 CFR §26.89. Any applicant who wishes to apply for certification whose file has been closed or denied must follow the procedures for initial application. The firm must re-apply to the original agency of record one year from the date of notification of denial from original certifying agency. The Certifying Partner will take all of the following steps in determining whether a DBE firm meets the eligibility standards set forth in 49 CFR §26: o Perform a desk audit where all of the applicant's submissions are reviewed for internal consistency, accuracy and conformity with the eligibility standards set forth in Federal Regulations, 49 CFR §26. o Visit the firm’s principal place of business, virtually or in person, and interview the SEDO, officers, and key personnel and review their resumes and/or work histories. Maintain a complete audio recording of the interview. Visit one or more active job sites (if there are any). These activities comprise the “on-site review” (OSR), a written report of which must be kept in applicant firm’s file. o In certain circumstances, may rely upon the site visit reports of any other USDOT funded agency or UCP. o Analyze the ownership of stock, partnership agreements, and/or operating agreements in the firm, as well as any other documents related to organizational structure.