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Edit to MWBE Program Info Clean 3.21.22 (004)
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Edit to MWBE Program Info Clean 3.21.22 (004)
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4/15/2022 2:10:13 PM
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not receive a goal waiver from the Office of Diversity and Inclusion’s Contractor Compliance <br />Administrator. <br /> <br />Good Faith Efforts, defined above as actions undertaken by a contractor to achieve a contract <br />goal, which, by their scope, intensity, and appropriateness to the objective, can reasonably be <br />expected to fulfill the Program's goals, are advance, intentional, and active relationship <br />cultivation strategies that one could reasonably expect a bidder to take if the bidder were <br />actively and aggressively trying to obtain MWBE participation sufficient to meet the MBE/WBE <br />contract goals on a bid or quote. Best practices include the following: <br />• Demonstrate the excessiveness or unreasonableness of the MWBE’s bid or <br />quote. Provide the City with copies of each MWBE and non MWBE quote <br />submitted to the bidder when a non-MWBE was selected over an MWBE. <br />• Provide the City with good reasons for rejecting a MWBE as unqualified. <br />Investigate and share the results of the investigation regarding a MWBE’s <br />capabilities. <br />• Use all aspects the work as opportunities to find MWBE participation. Do not <br />exclude from consideration work normally self-performed and anticipate this <br />will be deemed as a valid rationale for not meeting MBE/WBE utilization goals. <br /> <br />GOOD FAITH EFFORTS MATERIALS TO BE INCLUDED WITH BID <br />If a contractor fails to submit a bid containing quotes and commitments in amounts equal to the <br />utilization goals of the project. The contractor must share the efforts and/or rationale for not having <br />met those goals on form 1.0, 2.0, and 2.1. In the event that the actions taken by the contractor indicate <br />there was a good faith effort made the bidder will receive a goal waiver from the Office of Diversity, <br />Compliance, and Inclusions Contractor Compliance Officer. All bids which have not met the utilization <br />goals and do not receive a goal waiver from the Contract Compliance are considered non-responsive <br />according to the City of South Bend’s Ordinance No 10761-21. <br />As set forth in Section 8.B.3.d. of the City of South Bend’s Minority and Women Business Enterprise <br />Inclusion Program Plan: <br />Where the bidder cannot achieve the contract goal, the bidder must provide proof of having <br />made good faith efforts to meet the goal. In making this determination of whether to issue a <br />goal waiver, the City will consider, at a minimum, the bidder’s efforts to: <br />(1) Solicit through all reasonable and available means (e.g., attendance at pre-bid <br />meetings, advertising and written notices) the interest of all MWBEs in the scopes of <br />work of the contract. The contractor shall provide interested MWBEs with timely, <br />adequate information about the plans, specifications, and requirements of the contract
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