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replacement HUB/MBE/WBE participation equal to the remaining work to be pertormed by the <br />decertified firm. The participation equal to the remaining work performed by the decertified firm <br />will count toward the contract utilization but may not be counted toward the overall program <br />goal. <br />5. If a subcontractor is determined to be an eligible <br />HUB/MBE/WBE firm and certified by the Department, the total dollar value of the participation <br />by the HUB/MBE/WBE will be counted toward the utilization. The total dollar value of <br />participation by a certified HUB/MBE/WBE will be based upon the value of work actually <br />performed by the HUB/MBE/WBE and the actual payments to HUB/MBE/WBE firms by the <br />proposer. <br />6. When aHUB/MBE/WBE performs as a participant in a joint <br />venture, the proposer may count toward its HUB/MBE/WBE utilization a portion of the total <br />value of participation with the HUB/MBE/WBE in the joint venture, that portion of the total dollar <br />value being a distinct clearly defined portion of work that the HUB/MBE/WBE performs with its <br />forces. <br />7. The contractor may count toward its HUB/MBE/WBE <br />utilization only expenditures to HUB/MBE/WBEs that perform a commercially useful function in <br />the work of a contract. A HUB/MBE/WBE is considered to pertorm a commercially useful <br />function when it is responsible for execution of a distinct element of the work of a contract and <br />carrying out its responsibilities by actually pertorming, managing, and supervising the work <br />involved. To determine whether aHUB/MBE/WBE is pertorming a commercially useful function, <br />the Department will evaluate the amount of work subcontracted, industry practices, whether the <br />amount the firm is to be paid under the contract is commensurate with the work it is actually <br />pertorming and the HUB/MBE/WBE credit claimed for its pertormance of the work, and other <br />relevant factors. <br />Project 07-US-056 Page 23 of 49 <br />Orange County <br />