Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - Bit-Mat Products of Indiana

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• The ability or desire of a prime contractor to perform the work of the contract with its own organization team does not relieve the prime contractor of the need to make good faith efforts to use MWBE sub contractors to meet the contract goal. EXAMPLE: Total Project Estimate is $500,000. An MWBE goal of 10% is set for a specific part of the project, i.e., $50,000. Only one MWBE submits a quote to the prime contractor, and it is $50,000. A non MWBE submits a quote of $45,000. Rejecting the MWBE bid may not meet the requirement of making a good faith effort to meet the contract goal because: 1) the MWBE quote is within the goal percentage and dollar amount set for MWBE participation on the project; 2) selection of the MWBE quote guarantees that the contractor meets the set goal and that its bid will be deemed responsive; and 3) the difference between the MWBE and non MWBE quotes is not significant in terms of the overall contract amount (i.e., 1 % of total contract). If the MWBE's quote is $53,000 and the non-MWBE bid is $50,000, it may yet not be demonstrative of a good faith effort to reject the MWBE solely because the MWBE's quote is not the lowest. The excess is not greatly significant to the total contract cost, and it could reasonably be expected to be made up elsewhere in the contract while guaranteeing full goal compliance. The above examples are illustrative only. The City will make a fair and reasonable judgment as to good faith efforts based on all information and documentation provided by bidders and taking into account the Quality Quantity, and Intensity of the efforts made by a contractor to meet the contract goal. Version 10/13/2021 General Conditions - 7