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Award Quote - Century Center Skyway Restroom Upgrade Proj No. 123-042 - Larson-Danielson Construction
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Award Quote - Century Center Skyway Restroom Upgrade Proj No. 123-042 - Larson-Danielson Construction
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6/27/2023 1:50:09 PM
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Board of Public Works
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Projects
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6/27/2023
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<br />Version 03/15/2023 Page - 12 Public Works Quote <br /> <br /> <br />CITY OF SOUTH BEND’S GUIDELINES FOR GOOD FAITH EFFORTS <br />BY CONTRACTORS IN MEETING MWBE CONTRACT GOALS <br /> <br />Under the City of South Bend’s Minority and Women’s Business Enterprise (MWBE) Inclusion Program Plan (COSB <br />Inclusion Plan), the City of South Bend (the City) is authorized to set “contract specific” goals to increase MWBE <br />participation in City contracts and procurements. <br /> <br />MWBE participation goals are set based on availability of MWBE contractors within the City’s geographic market <br />area identified in the City’s Disparity Study. <br /> <br />For contractors bidding on a construction, services, supplies or equipment contract where goals have been set for <br />all or parts of the project, below is information relevant to “good faith efforts” to meet the contract goal. <br /> <br />When the City sets a contract goal, that means MWBE’s are in fact available to perform work on the contract. <br />Project bidders must try diligently to meet the goal. Failure to make a good faith effort may result in <br />rejection of your bid as non-responsive to the contract. <br />______________________________________________________________________________ <br /> <br />Good faith efforts means actions undertaken by a contractor to achieve a contract goal which, by their scope, <br />intensity, and appropriateness to the objective, can be reasonably expected to fulfill the Program’s goals (City’s <br />Inclusion Plan, Section 4.B., No. 21). <br />___________________________________________________________________ <br /> <br />A good faith effort is fully reviewable by the City. Where a contract goal is not met, contractors must provide <br />as much information as possible to help the City assess the contractor’s good faith efforts to achieve the <br />goal. Inadequate proof of good faith efforts may result in a finding that the contractor was non-responsive, <br />causing its bid to be rejected even if it is the lowest. <br /> <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 /> <br />· A prime contractor may not reject a MWBE’s bid solely because it is not the lowest bid received from <br />subcontractors. If the MWBE’s costs are reasonable and not excessive, the MWBE’s quote or bid <br />presumptively should be accepted on a contract requiring goals even if the MWBE’s bid is not the <br />lowest one received. However, if an MWBE’s bid or quote is unreasonable or excessive, the prime <br />contractor may reject the bid on that basis. The contractor has the burden of demonstrating the <br />excessiveness or unreasonableness of the MWBE’s bid or quote. Because the City must determine <br />whether a MWBE quote was unreasonable or excessive, Contractors must provide the City with <br />copies of each MWBE and non MWBE quote submitted to the bidder when a non-MWBE was <br />selected over an MWBE. <br /> <br />· A contractor may not reject a MWBE as being unqualified without sound reasons based on a thorough <br />investigation of the MWBE’s capabilities. If a prime contractor rejects a MWBE as unqualified, the <br />Contractor must provide the City with good reasons for this. The MWBE’s industry standing or <br />membership in a specific group, organization, political or social affiliation (example: union v. non-union) <br />is not a basis to reject the MWBE for lack of qualification. <br /> <br />· The ability or desire of a prime contractor to perform the work of the contract with its own organization <br />team does not relieve the prime contractor of the need to make good faith efforts to use MWBE sub <br />contractors to meet the contract goal.
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