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40 <br />• <br />0 <br />Extended Page 1.1 <br />The County will promptly implement any DOT certification appeal decisions affecting the eligibility <br />of DBEs for its DOT -assisted contracting (e.g., certify a firm if DOT has determined that the <br />County's denial of its application was erroneous). <br />The County will review the eligibility of DBEs that it certified under former Part 23 to ensure that <br />they meet the standards of Subpart D of Part 26. The County will complete this review no later than <br />three years from the most recent certification date of each firm. See Attachment D. <br />For firms that have been certified or reviewed and found eligible under Part 26, the County will <br />again review their eligibility every three years. Finns shall fill out a new application; determinations <br />will be made on a case-by-case basis. <br />"No Change" Affidavits and Noticec of Chanee <br />The County requires all DBEs to inform it, in a written affidavit, of any change in its circumstances <br />affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 CFR Part <br />26 or of any material changes in the information provided with its application for certification. See <br />attachment E. <br />The County also requires all owners of all DBEs it has certified to submit, on the anniversary date <br />of their certification, a "no change" affidavit meeting the requirements of Part 26.830). The text of <br />this affidavit is as follows: <br />I swear (or affirm) that there have been no changes in the circumstances of [name of DBE <br />firm] affecting its ability to meet the size, disadvantaged status, ownership, or control <br />requirements of 49 CFR Part 26. There have been no material changes in the information <br />provided with [name of DBE's] application for certification, except for any changes about <br />which [name of DBE] has provided written notice to Indian River County under Part <br />26.83(1). [Name of DBE] meets Small Business Administration (SBA) criteria for being a <br />small business concern and its average annual gross receipts (as defined by SBA rules) over <br />the firm's previous three fiscal years do not exceed $16.6 million. <br />The County requires DBEs to submit with this affidavit documentation of the firm's size and gross <br />receipts. <br />The County will notify all currently certified DBE firms of these obligations annually. This <br />notification will inform DBEs that to submit the "no change" affidavit, their owners must swear or <br />affirm that they meet all regulatory requirements of Part 26, including personal net worth. Likewise, <br />if a firm's owner knows or should know that he or she, or the firm, fails to meet a Part 26 eligibility <br />requirement (e.g., personal net worth), the obligation to submit a notice of change applies. <br />-10- <br />