Non-compliance with CUF Requirements
District staff needs to take actions on DBE firms that are
presumed not to be performing a CUF. (See Appendix A, Section 3
for sample letter). The prime contractor should be copied on the
letter. The DBE firm will be given an opportunity to present evidence
and rebut the presumption it is not performing a CUF. The DBE firm
has ten days from the date it receives the letter to respond to
the District. The district staff will review the rebuttal response,
make a determination, and then notify the DBE and prime contractor
in writing of the determination. If the CUF determination results
in a DBE goal shortfall, the District will need to notify the prime
contractor in writing that it will need to find a substitute DBE
or provide good faith efforts to meet the project DBE goal.