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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
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3/22/2022
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GOOD FAITH EFFORTS MATERIALS TO BE INCLUDED WITH BID <br />If a contractor's bid does not meet the goal set for the contract, the contractor must submit evidence of <br />good faith efforts with its bid so the City can determine whether the contractor is a responsive bidder. If <br />the contractor's bid meets the MWBE goal, evidence of good faith effort is not required, but it would be <br />prudent to include some evidence in case an error was made. <br />The information required of a contractor who has not achieved the contract goal to show good faith efforts <br />can be found in the South Bend Inclusion Program Plan at Section 8.B.3.d. as follows: <br />(b) 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 goal waiver, <br />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 work <br />of the contract. The contractor shall provide interested MWBEs with timely, adequate <br />information about the plans, specifications, and requirements of the contract to allow <br />such firms to respond to the solicitation. The bidder must follow up initial solicitations with <br />interested MWBEs. <br />(2) Select portions of the work to be performed by MWBEs in order to increase the <br />likelihood that the contract goal will be achieved. This includes, where appropriate, <br />breaking out contract work items into economically feasible units to facilitate participation, <br />even when the bidder would otherwise prefer to perform these work items with its own <br />forces. It is the bidder's responsibility to make a portion of the work available to MWBEs <br />and to select those portions of the work or material needs consistent with the availability <br />of such firms to facilitate their participation. <br />(3) Negotiate in good faith with interested MWBEs. Evidence of such negotiation includes <br />the names, addresses, and telephone numbers of firms that were contacted; a <br />description of the information provided regarding the plans and specifications for the work <br />selected for subcontracting; and why agreements could not be reached. The bidder may <br />not reject MWBEs as being unqualified without sound reasons based on a thorough <br />investigation of their capabilities. That there may be some additional costs involved in <br />finding and using MWBEs is not in itself sufficient reason for a bidder's failure to meet the <br />contract goal, as long as such costs are reasonable. The ability or desire of a bidder to <br />perform the work of a Contract with its own organization does not relieve it of the <br />responsibility to make good faith efforts on all scopes of work within which subcontracting <br />opportunities are available. <br />(4) Make efforts to assist interested MWBEs in obtaining bonding, lines of credit, or <br />insurance as required by the City or the bidder, where appropriate. <br />(5) Make efforts to assist interested MWBEs in obtaining necessary equipment, supplies, <br />materials, or related assistance or services, where appropriate. <br />Materials that should be submitted to support a contractor's good faith efforts include: <br />• Copies of advertisements, notices, or solicitations from contractor to MWBE's-- to include <br />date and time of issuance; <br />• A list of all locations where advertisements or notices to MWBE's were placed or <br />solicitations sent; <br />Copies of communication between contractor and MWBE's in response to contractor's <br />advertisements, notices, or solicitations; <br />Proof of contractor's break-out of contract items into units feasible for performance by <br />WMBE's; <br />Version 10/13/2021 General Conditions - 8 <br />
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