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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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CITY OF SOUTH BEND'S GUIDELINES FOR GOOD FAITH <br />EFFORTS BY CONTRACTORS IN MEETING MWBE CONTRACT <br />GOALS <br />Under the City of South Bend's Minority and Women's Business Enterprise (MWBE) Inclusion Program <br />Plan (COSB Inclusion Plan), the City of South Bend (the City) is authorized to set "contract specific" goals <br />to increase MWBE participation in City contracts and procurements. <br />MWBE participation goals are set based on availability of MWBE contractors within the City's geographic <br />market area identified in the City's Disparity Study. <br />For contractors bidding on a construction, services, supplies or equipment contract where goals have been <br />set for all or parts of the project, below is information relevant to "good faith efforts" to meet the contract <br />goal. <br />When the City sets a contract goal, that means MWBE's are in fact available to perform work on the <br />contract. Project bidders must try diligently to meet the goal. Failure to make a good faith effort may <br />result in rejection of your bid as non-responsive to the contract. <br />Good faith efforts means actions undertaken by a contractor to achieve a contract goal which, by their <br />scope, intensity, and appropriateness to the objective, can be reasonably expected to fulfill the Program's <br />goals (City's Inclusion Plan, Section 4.B., No, 21). <br />A good faith effort is fully reviewable by the City. Where a contract goal is not met, contractors must <br />provide as much information as possible to help the City assess the contractor's good faith efforts <br />to achieve the goal. Inadequate proof of good faith efforts may result in a finding that the contractor <br />was non-responsive, causing its bid to be rejected even if it is the lowest. <br />Good faith efforts require active, aggressive efforts by the prime contractor to obtain the contract MWBE <br />participation goal. Mere pro forma efforts are not good faith efforts. To satisfy the good faith efforts test: <br />A prime contractor may not reject a MWBE's bid solely because it is not the lowest bid received <br />from subcontractors. If the MWBE's costs are reasonable and not excessive, the MWBE's <br />quote or bid presumptively should be accepted on a contract requiring goals even if the <br />MWBE's bid is not the lowest one received. However, if an MWBE's bid or quote is <br />unreasonable or excessive, the prime contractor may reject the bid on that basis. The <br />contractor has the burden of demonstrating the excessiveness or unreasonableness of the <br />MWBE's bid or quote. Because the City must determine whether a MWBE quote was <br />unreasonable or excessive, Contractors must provide the City with copies of each MWBE <br />and non MWBE quote submitted to the bidder when a non-MWBE was selected over an <br />MWBE. <br />• A contractor may not reject a MWBE as being unqualified without sound reasons based on a <br />thorough investigation of the MWBE's capabilities. If a prime contractor rejects a MWBE as <br />unqualified, the Contractor must provide the City with good reasons for this. The MWBE's <br />industry standing or membership in a specific group, organization, political or social affiliation <br />(example: union v. non-union) is not a basis to reject the MWBE for lack of qualification. <br />Version 10/13/2021 General Conditions - 6 <br />
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