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Opening of Quotes - Walker Field House Restoration Proj No. 120-010R - Acculevel Commercial Group Inc.
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Opening of Quotes - Walker Field House Restoration Proj No. 120-010R - Acculevel Commercial Group Inc.
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12/13/2022 3:14:51 PM
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Board of Public Works
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Projects
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12/13/2022
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<br />Version 9/29/2021 Page - 18 Public Works Quote <br />GOOD FAITH EFFORTS MATERIALS TO BE INCLUDED WITH BID <br /> <br />If a contractor’s bid does not meet the goal set for the contract, the contractor must submit evidence of good <br />faith efforts with its bid so the City can determine whether the contractor is a responsive bidder. If the contractor’s <br />bid meets the MWBE goal, evidence of good faith effort is not required, but it would be prudent to include some <br />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 can be <br />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 made <br />good faith efforts to meet the goal. In making this determination of whether to issue a goal waiver, the City will <br />consider, at a minimum, the bidder’s efforts to: <br />(1) Solicit through all reasonable and available means (e.g., attendance at pre-bid meetings, <br />advertising and written notices) the interest of all MWBEs in the scopes of work of the contract. <br />The contractor shall provide interested MWBEs with timely, adequate information about the plans, <br />specifications, and requirements of the contract to allow such firms to respond to the solicitation. <br />The bidder must follow up initial solicitations with interested MWBEs. <br />(2) Select portions of the work to be performed by MWBEs in order to increase the likelihood that <br />the contract goal will be achieved. This includes, where appropriate, breaking out contract work <br />items into economically feasible units to facilitate participation, even when the bidder would <br />otherwise prefer to perform these work items with its own forces. It is the bidder’s responsibility to <br />make a portion of the work available to MWBEs and to select those portions of the work or <br />material needs consistent with the availability of such firms to facilitate their participation. <br />(3) Negotiate in good faith with interested MWBEs. Evidence of such negotiation includes the <br />names, addresses, and telephone numbers of firms that were contacted; a description of the <br />information provided regarding the plans and specifications for the work selected for <br />subcontracting; and why agreements could not be reached. The bidder may not reject MWBEs as <br />being unqualified without sound reasons based on a thorough investigation of their capabilities. <br />That there may be some additional costs involved in finding and using MWBEs is not in itself <br />sufficient reason for a bidder’s failure to meet the contract goal, as long as such costs are <br />reasonable. The ability or desire of a bidder to perform the work of a Contract with its own <br />organization does not relieve it of the responsibility to make good faith efforts on all scopes of <br />work within which subcontracting opportunities are available. <br />(4) Make efforts to assist interested MWBEs in obtaining bonding, lines of credit, or insurance as <br />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 date and <br />time of issuance; <br />• A list of all locations where advertisements or notices to MWBE’s were placed or 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 WMBE’s; <br />• Proof of communications between the contractor and MWBE regarding negotiations for <br />agreements, and why agreement could not be reached, as stated more specifically in above <br />Subsection (b) (3); <br />• Proof of bids or quotes from MWBE’s and those from non MWBE’s when non MWBE’s bid or quote <br />is used; <br />• Proof of efforts made by contractor to assist MWBE to participate in contract, where appropriate; <br />and
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