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.