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21.4. Selection of UDBEs by Consultant: <br /> A. Consultants shall exercise their own judgments in selecting any subconsultant to perform any <br /> portion of the work. <br /> 21.5. Requirements <br /> A. The use of UDBEs is an evaluation factor for consultant selection under Section 24 -30 -1403 <br /> (2) CRS. All Consultants shall submit with their proposals a list of the names of their UDBE <br /> subconsultants to meet the contract goal. <br /> B. If the Consultant proposes to voluntarily use any non -UDBEs on the project, the Consultant <br /> shall also submit the names of those DBEs. However, the non -UDBEs will not be used to meet the <br /> UDBE goal for the project. <br /> C. Evaluation points will be awarded for UDBE participation during the Statement of Interest <br /> (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during <br /> the SOI scoring. If the consultant doesn't submit sufficient UDBE participation to meet the project <br /> goal, they may be awarded from 0 to 4 points, based on the amount of UDBE participation they <br /> submit. The consultant must submit all UDBE participation commitments on either CDOT Form <br /> #1330 (for NPS Contracts) or CDOT Form #1331 (for PS Contracts) with their SOI in order to <br /> receive the corresponding evaluation points. <br /> D. The selected consultant must use the UDBE firms named (if any) on CDOT Form #1330 or <br /> #1331 in the Statement of Interest for the items of work described. The replacement of a named <br /> UDBE firm will be allowed only as provided for in (6) of the DBE Definitions and Requirements. <br /> Failure to comply may constitute grounds for default and termination of the Contract. <br /> E. Consultant's UDBE Obligation. <br /> 1. The Consultant submitting a Statement of Interest and a Work Plan on consultant <br /> projects advertised by the Department agrees to ensure that UDBEs, as defined in this special <br /> provision, have equal opportunity to participate in the performance of contracts or subcontracts. The <br /> prime Consultant shall not discriminate on the basis of race, color, national origin, or sex in the <br /> selection and bidding process or the performance of contracts. <br /> 2. To ensure that UDBEs are offered equal opportunity to participate in the performance <br /> of contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to <br /> UDBEs related to the UDBE performance of the subcontract. However, the UDBE must <br /> independently perform a commercially useful function on the project, as described in F(4) below. <br /> F. Counting UDBE Participation Toward Goals <br /> 1. Once a firm has been certified as a DBE that qualifies as a UDBE, the total dollar <br /> amount of the contract awarded to the firm shall be counted toward the contract goal as explained <br /> below, and as modified for the project in the project special provisions titled "Contract Goal." <br /> 2. The actual dollar total of a proposed subcontract, supply or service contract with any <br /> UDBE firm shall be reported to the I)epartment in the Consultant's Cost Proposal. <br /> 10 <br />