Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Methods ot Selection http;//w~wu.fta.dot.gov/fta/library/adminBPPman/sect 40.htm Scenario 2: Offeror submits information that the DBE goals will not be met Required Information- Documentation of good faith efforts by the proposer/bidder is required in all cases where the proposer/bidder fails to meet the stated goal for DBEs. As discussed above, the solicitation may require that good faith efforts be accomplished prior to bid opening to be considered or that good faith efforts be accomplished prior to the receipt of best and final offers. Where the shopping period is pernutted after final submission of offers, good faith effort requirements are established accordingly. Your agency's DBE program should include guidelines for determining and evaluating good faith efforts by proposers/bidders. Criteria for determining whether a good faith effort was made can include: • Whether the proposer/bidder attended any pre-solicitation or pre-bid meetings held by the recipient to inform DBEs of contracting opportunities; • Whether the proposer/bidder advertised contracting opportunities in general circulation, trade, minority and female focused media; • Whether the proposer/bidder provided written notice to a reasonable number of specific DBEs in sufficient time to allow them to participate; • Whether the proposer/bidder followed up with DBE firms interested in participating; • Whether the proposer/bidder selected portions of work to be done by DBEs (including dividing contracts into economically feasible units to facilitate participation); • Whether the proposer/bidder provided adequate information about plans, specifications, and/or contracting requirements; • Whether the proposer/bidder negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons; • Whether the proposerlbidder effectively used the services of available minority and female orgazuzations, contractors' graups, state and local offices, etc. that have knowledge of available DBE firms or the names of organizations to locate such firms; • Whether other proposers/bidde~rs submitted information indicating thai they would meet the DBE goals. You may make a conclusive presumption that, if any propvser/bidder met the DBE goai, then the other proposersJbidders could have met the goal as well; and • Whether the offeror effectively used the services of the proeurin~ agency's DBE office. If the proposerPoidder has satisfactorily demonstrated good faith efforts, the award proccss can continue. If not, the offer should not be accepted, and you may proceed to the next best offer (next lowest bid, or next highest score proposal, depending on your agency's DBE program components). In either case, the proposer/bidder's good faith effort docwnentation, as well as your evaluation documentation of that material make valuable entries in the coniract file. This is a potential protest area and should be well-documented. 4.3.3.3 Other Submissions 34 of 45 O1/10/97 13:09:50