Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - Ozinga Ready Mix Concrete, Inc.

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