CONSTRUCTION DIVISION MEMORANDUM

GENERAL SUBJECT: FORM C-63 REVISED NUMBER: CD-95-14
  SUPERSEDES: CD-84-14; CD-85-7; CDO-85-1
 SPECIFIC SUBJECT: REPORTING OF DISALLOWED D/MBE PARTICIPATIONCREDIT DATE: SEPTEMBER 15, 1995
  
  C. F. GEE
  CONSTRUCTION ENGINEER
 DIRECTED TO - DISTRICT ADMINISTRATORS  

We are sending an initial supply of Forms C-63 revisedSeptember, 1995. The form will be available from Fulton forfuture needs.

Form C-63 has been revised to require disallowed D/MBEparticipation credit for the month in which the activity occurredand the cumulative total to date is to be reported; to correctthe description of the participants in the Program; to add therequirements for furnishing the dates of the semi-final and finalestimates, and the date of execution of the Contract by VDOT; torequire the appropriate certification number for each D/MBE beingutilized for participation credit; to require the cumulativetotal to date of the allowable D/MBE participation credit to bereported; to clarify the "amounts paid" requirement;and to require the title of the signer of the form. The followingrequirements have been eliminated: code number, address and codenumber of Contractor, DBE/WBE code, date of contract oragreement, dollar value of contract or agreement, cost thismonth, status code, and (ALL F). The submittal requirement hasalso been changed. All other requirements remain.
The instructions on the reverse side have been revised toinclude: correcting the description of the participants in theProgram and "Type of Work"; clarifying the"amounts paid" and submittal requirements; defining"the Date of Execution" of the Contract by VDOT;"Allowable Credit this Month"; "Allowable Creditto Date"; "Disallowed Credit This Month"; and"Disallowed Credit To Date". The items "AllowableCredit of Contract or Agreement" and "Total Cost toDate" remain. All other items were eliminated or changed asaforementioned.

When reporting "amounts paid" to certified D/MBEs,which are to be claimed as participation credit, retainage heldby the Contractor is not to be included.

D/MBE names shown on Forms C-63 must be checked to ensure thattheir certification was current at the time the project wasadvertised for all State funded contracts. The names andcertification numbers of DBE firms shall be exactly as shown onthe Department's latest list of certified DBEs, and theircertification date shall be current at the time of initialsubmission on all Federal-aid contracts.
There must be an indication made that the information is beingreported by the prime Contractor or a subcontractor. Theprocedures below shall be followed by the Contractor whenreporting disallowed participation credit:
 1. Reporting disallowed credit AFTER the credit has beenpreviously reported as allowable: Once the contractor has beennotified in writing that credit has been disallowed, thecontractor shall report this disallowance on a Forms C-63submitted with the following monthly estimate. The disallowedcredit should be reflected in the change in allowable credit todate, disallowed credit this month, and disallowed credit todate.
  2. Reporting disallowed credit BEFORE the credit is reportedon Forms C-63: Upon written notification of disallowed credit, theContractor shall ensure that the disallowance is accuratelyreflected on the Forms C-63 submitted by the following estimatedate. The dollar amount disallowed should be shown in thedisallowed credit this month and disallowed credit to datefigures.
  The District Equal Opportunity Manager (DEOM) must ensure allforms are properly completed before forwarding to theConstruction Division. Form C-63A shall continue to be submittedin accordance with established policies.
If the Contractor fails to submit properly executed formsand/or refuses to re-submit corrected ones, the DEOM will makethe appropriate corrections, forward the corrected form toCentral Office, and may recommend that the approval of theContractor's monthly estimate for payment be delayed until suchtime as corrected documentation has been received and approved.

NOTE: Minority-owned Firms: All minority-owned firms, whetherDBE or MBE.

Female-owned Firms: All female-owned firms whether DBE or MBE,except for minority female-owned firms where credit is beingclaimed under the minority owned designation.
Your usual cooperation is appreciated.
  
  CW:rg
  
 

INSTRUCTIONS

All "amounts paid" to certified D/MBEs, which are tobe claimed as participation credit, are to be reported."Amount paid" includes, but is not necessarily limitedto, payment for subcontracting; furnishing materials, supplies,or services; and equipment leasing. The Prime Contractor's FormC-63 should show "Page 1 of ______" with allattachments numbered sequentially and submitted as a singlepackage. All Forms C-63 and C-63A for a particular reportingperiod and project shall be transmitted together and submitted bythe Contractor's estimate date.

Data should be reported as follows:

Date of Execution: Date of execution of the contract by VDOT.

Allowable Credit of Contract or Agreement: Dollar value ofcontract or agreement or, if open contract or agreement, showestimated dollar value of work to be performed by the D/MBEduring the contract or agreement which is allowable forparticipation credit.

Allowable Credit This Month: Portion of the dollar amount thatcan be credited to D/MBE participation this month.

Total Cost To Date: Total dollar amount of payments made toD/MBE for work performed since work commenced.

Disallowed Credit This Month: Portion of the dollar amountthat can NOT be credited to DBE/WBE participation this month.

Disallowed Credit To Date: Portion of the total dollar amountpaid to D/MBE that is NOT allowable for participation credit.

Type of Work: Subcontractor, Materials Supplier, Services(such as hauling, equipment leasing, consultant), and Other(specify). A brief description should be included (example:subcontractor misc. concrete, landscaping)

Minority-owned Firms: All minority-owned firms, whether DBE orMBE.

Female-owned Firms: All female-owned firms whether DBE or MBE,except for minority female-owned firms where credit is beingclaimed under the minority owned designation.