Section 3: Reference Letters
Notification of Commercially Useful Function Non-Compliance
Date
DBE Owner
Business Name
DBE Address
City, State Zip Code
Subject: Notification of Commercially Useful Function Non-Compliance
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district conducted a Commercially Useful
Function (CUF) review on your firm for the above mentioned project,
on <Date>.
Based on the findings from the review, it has been determined
that your firm is not performing a CUF, in accordance with 49 CFR
Part 26.55 and DBE Special Provision 000--007 as contained within
the contract.
The CUF review revealed the following findings of DBE non-compliance:
- Bullet list findings of non-compliance
- Bullet list findings of non-compliance
When a DBE is presumed to not be performing a CUF, the DBE
may present evidence to rebut the presumption. Your firm has ten
(10) days from the date you receive this letter to respond to these findings
in writing.
If you have any questions concerning our determination or
require further information concerning this matter, please feel
free to contact <Contact Name> at <(XXX) Number>.
Sincerely,
District Representative Name
District, Title
CC:
DBE Termination Approval
Date
Name of Prime Contractor Firm
Prime Contractor Business Name
DBE Address
City, State Zip Code
Subject: DBE Termination Approval
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district has reviewed the request submitted
<Date> to terminate <Terminated DBE Firm> as a Disadvantaged
Business Enterprise (DBE) to the original DBE commitment on the above
referenced project.
After a review of the documentation and the response from
the DBE, it has been determined that your request to terminate has
been approved.
Should you have any questions or require further information
concerning this matter, please contact <Contact Name> at <(XXX)
Number>.
Sincerely,
District Representative Name
District, Title
CC: <Terminated DBE>
DBE Replacement Approval
Date
Name of Prime Contractor Firm
Prime Contractor Business Name
DBE Address
City, State Zip Code
Subject: DBE Replacement Approval
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district has reviewed the request submitted
<Date> to substitute <New DBE Firm> as a replacement for <Enter
DBE being replaced> to the original Disadvantaged Business Enterprise
(DBE) commitment on the above referenced project.
This request for replacement has been approved. <New DBE
Name> will be added to the DBE commitment as a replacement for <Terminated
DBE> and will perform <$X.XX> of the overall DBE goal.
Should you have any questions or require further information
concerning this matter, please contact <Contact Name> at <(XXX)
Number>.
Sincerely,
District Representative Name
District, Title
CC:
DBE Replacement Request Denial
Date
Name of Prime Contractor Firm
Prime Contractor Business Name
DBE Address
City, State Zip Code
Subject: DBE Replacement Request Denial
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district has reviewed the request submitted
<Date> to add Disadvantaged Business Enterprise (DBE) firm <Proposed
DBE Firm> to the original DBE commitment on the above referenced
project.
After a review of the documentation submitted to add <Proposed
DBE Firm Name> as a substitute, it has been determined that this
request is denied for the following reasons:
- Bullet list reasons
- Bullet list reasons
Should you have any questions or require further information
concerning this matter, please contact <Contact Name> at <(XXX)
Number>.
Sincerely,
District Representative Name
District, Title
CC: <Proposed Terminated DBE Firm>
Good Faith Effort Approval after Terminating a DBE
Date
Name of Prime Contractor Firm
Prime Contractor Business Name
DBE Address
City, State Zip Code
Subject: Good Faith Effort Approval after Terminating a DBE
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district has reviewed the documentation
submitted <Date> regarding your attempt to make a good faith
effort to meet the overall DBE goal on the above mentioned project. This
documentation was necessary as result of the DBE goal shortfall
of <$X.XX> after (choose one then erase the other option)
Terminating DBE firm <Terminated DBE> to the commitment.
or
Substituting DBE firm <Added DBE Firm Name> to the commitment.
A review of the documentation of your firm’s efforts to find
another DBE replacement indicates that your firm made a good faith
effort to meet the goal. Therefore, the <$X.XX> goal shortage
is waived.
Should you have any questions or require further information
concerning this matter, please contact <Contact Name> at <(XXX)
Number>.
Sincerely,
District Representative Name
District, Title
CC:
Good Faith Effort Denial after Terminating or Substituting a DBE
Date
Name of Prime Contractor Firm
Prime Contractor Business Name
DBE Address
City, State Zip Code
Subject: Good Faith Effort Denial after Terminating or Substituting
a DBE
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district has reviewed the documentation
submitted <Date> regarding your attempt to make a good faith
effort to meet the overall DBE goal on the above mentioned project. This
documentation was necessary as result of the DBE goal shortfall
of <$X.XX> after (choose one then erase the other option)
Terminating DBE firm <Terminated DBE Firm Name> to the
commitment.
or
Substituting DBE firm <Added DBE Firm Name> to the commitment.
A review of the documentation of your firm’s efforts to find
another DBE replacement indicates that your firm did not make a
good faith effort to meet the DBE goal. Therefore, the <$X.XX>
goal shortage will not be waived for the following reasons:
- Bullet list reasons
- Bullet list reasons
Should you have any questions or require further information
concerning this matter, please contact <Contact Name> at <(XXX)
Number>.
Sincerely,
District Representative Name
District, Title
CC:
Joint Check Request Approval
Date
Name of Prime Contractor Firm
Prime Contractor Business Name
DBE Address
City, State Zip Code
Subject: Joint Check Request Approval
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district has reviewed the Joint Check
Approval request submitted <Date>. Upon review of this request
and supporting documentation, it has been determined that the request for
use of joint check is approved.
DBE goal credit will be allowed as of, <Date>, which is
the date the request was approved. Please note that any goal credit
submitted prior to this approval date will not be counted.
The district will monitor the proper use of joint checks and
determine allowable DBE goal credit.
Should you have any questions or require further information
concerning this matter, please contact <Contact Name> at <(XXX)
Number>.
Sincerely,
District Representative Name
District, Title
CC:
Joint Check Request Denial
Date
Name of Prime Contractor Firm
Prime Contractor Business Name
DBE Address
City, State Zip Code
Subject: District Response - Request for Joint Check Use
Project/CSJ/County: <Project/CSJ/County>
Dear Mr./Ms. Last Name:
The <District Name> district has reviewed the Joint Check
Approval request submitted <Date>. Upon review of this request
and supporting documentation, it has been determined that the request for
use of joint check is denied for the following reasons:
List Reason(s) for denial.
Should you have any questions or require further information
concerning this matter, please contact <Contact Name> at <(XXX)
Number>.
Sincerely,
District Representative Name
District, Title
CC: