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1 <br /> <br />CITY OF SOUTH BEND’S GUIDELINES FOR GOOD FAITH EFFORTS BY <br />CONTRACTORS IN MEETING MBE/WBE CONTRACT GOALS <br /> <br />Under the City of South Bend’s Minority and Women’s Business Enterprise (MWBE) Inclusion <br />Program Plan (COSB Inclusion Plan), the City of South Bend (the City) is authorized to set <br />“contract specific” goals to increase MWBE participation in City contracts and procurements. <br />MBE/WBE participation goals are set based on availability of MWBE contractors within the City’s <br />geographic market area identified in the City’s Disparity Study. <br />For contractors bidding on a construction, services, supplies or equipment contract where goals <br />have been set for all or parts of the project, below is information relevant to “good faith efforts” <br />to meet the contract goal. <br />When the City sets a contract goal, that means MWBE’s are in fact available to perform work on <br />the contract. Project bidders must try diligently to meet the goal. Failure to make a good faith <br />effort may result in rejection of your bid as non-responsive to the contract. <br />______________________________________________________________________________ <br />Good faith efforts means actions undertaken by a contractor to achieve a contract <br />goal which, by their scope, intensity, and appropriateness to the objective, can be <br />reasonably expected to fulfill the Program’s goals (City’s Inclusion Plan, Section <br />4.B., No. 21). <br />___________________________________________________________________ <br />A good faith effort is fully reviewable by the City. Where a contract goal is not met, contractors <br />must provide as much information as possible to help the City assess the contractor’s good <br />faith efforts to achieve the goal. Inadequate proof of good faith efforts may result in a finding <br />that the contractor 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 <br />contract MBE/WBE participation goal. Mere pro forma efforts are not good faith efforts. To <br />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 <br />bid received from subcontractors. If the MWBE’s costs are reasonable and not <br />excessive, the MWBE’s quote or bid presumptively should be accepted on a contract <br />requiring goals even if the MWBE’s bid is not the lowest one received. However, if <br />an MWBE’s bid or quote is unreasonable or excessive, the prime contractor may