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Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - K-Tech Specialty Coatings
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Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - K-Tech Specialty Coatings
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3/22/2022 4:04:42 PM
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Board of Public Works
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Projects
Document Date
3/22/2022
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• The ability or desire of a prime contractor to perform the work of the contract with its own <br />organization team does not relieve the prime contractor of the need to make good faith efforts <br />to use MWBE sub contractors to meet the contract goal. <br />EXAMPLE: Total Project Estimate is $500,000. An MWBE goal of 10% is set for a specific part of the <br />project, i.e., $50,000. Only one MWBE submits a quote to the prime contractor, and it is $50,000. A non <br />MWBE submits a quote of $45,000. Rejecting the MWBE bid may not meet the requirement of making a <br />good faith effort to meet the contract goal because: 1) the MWBE quote is within the goal percentage and <br />dollar amount set for MWBE participation on the project; 2) selection of the MWBE quote guarantees that <br />the contractor meets the set goal and that its bid will be deemed responsive; and 3) the difference between <br />the MWBE and non MWBE quotes is not significant in terms of the overall contract amount (i.e., 1 % of total <br />contract). <br />If the MWBE's quote is $53,000 and the non-MWBE bid is $50,000, it may yet not be demonstrative of a <br />good faith effort to reject the MWBE solely because the MWBE's quote is not the lowest. The excess is not <br />greatly significant to the total contract cost, and it could reasonably be expected to be made up elsewhere <br />in the contract while guaranteeing full goal compliance. <br />The above examples are illustrative only. The City will make a fair and reasonable judgment as to good <br />faith efforts based on all information and documentation provided by bidders and taking into account the <br />Quality <br />Quantity, and <br />Intensity <br />of the efforts made by a contractor to meet the contract goal. <br />Version 10!1312021 General Conditions - 7 <br />
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