A DBE must always perform a commercially useful function (CUF). Evaluation of whether a DBE is performing a CUF on a particular contract will occur every time the DBE is listed to work on a contract. A business performs a CUF when it is:

• Responsible for the execution of a distinct element of work in the contract.
• Carrying out its obligation by actually performing, managing, and supervising the work involved.
• Performing work that is normal for its business, services, and function.
• Performing or exercising responsibility for at least 30 percent of the total contract with its own work force and is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practice.