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I1 includes, where appropriate, breaking out contract Work items into <br /> 2 economically feasible units to facilitate UDBE participation, even when the <br /> I 3 Bidder might otherwise prefer to perform these Work items with its own <br /> 4 forces. <br /> 5 <br /> I 6 3. Providing interested UDBEs with adequate information about the Plans, <br /> 7 Specifications, and requirements of the Contract in a timely manner to <br /> 8 assist them in responding to a solicitation. <br /> I 9 <br /> 10 a. Negotiating in good faith with interested UDBEs. It is the Bidder's <br /> 11 responsibility to make a portion of the Work available to UDBE <br /> 12 subcontractors and suppliers and to select those portions of the Work <br /> 13 or material needs consistent with the available UDBE subcontractors <br /> 14 and suppliers, so as to facilitate UDBE participation. Evidence of such <br /> 15 negotiation includes the names, addresses, and telephone numbers of <br /> 16 UDBEs that were considered; a description of the information provided <br /> 17 regarding the Plans and Specifications for the Work selected for <br /> 18 subcontracting; and evidence as to why additional agreements could <br /> I 19 not be reached for UDBEs to perform the Work. <br /> 20 <br /> 21 b. A Bidder using good business judgment would consider a number of <br /> I <br /> 22 23 factors in negotiating with subcontractors, including DBE <br /> subcontractors, and would take a firm's price and capabilities as well <br /> 24 as the UDBE COA Goal into consideration. However, the fact that there <br /> I 25 may be some additional costs involved in finding and using UDBEs is <br /> 26 not in itself sufficient reason for a Bidder's failure to meet the UDBE <br /> 27 COA Goal, as long as such costs are reasonable. Also, the ability or <br /> 28 desire of a Bidder to perform the Work of a Contract with its own <br /> I29 organization does not relieve the Bidder of the responsibility to make <br /> 30 Good Faith Efforts. Bidders are not, however, required to accept higher <br /> 31 quotes from UDBEs if the price difference is excessive or <br /> I 32 unreasonable. <br /> 33 <br /> 34 4. Not rejecting UDBEs as being unqualified without sound reasons based on <br /> 1 35 36 a thorough investigation of their capabilities. The Bidder's standing within <br /> its industry, membership in specific groups, organizations, or associations <br /> 37 and political or social affiliations (for example union vs. non-union employee <br /> I 38 status) are not legitimate causes for the rejection or non-solicitation of bids <br /> 39 in the Bidder's efforts to meet the UDBE COA Goal. <br /> 40 <br /> 41 5. Making efforts to assist interested UDBEs in obtaining bonding, lines of <br /> I42 credit, or insurance as required by the recipient or Bidder. <br /> 43 <br /> 44 6. Making efforts to assist interested UDBEs in obtaining necessary <br /> I 45 equipment, supplies, materials, or related assistance or services. <br /> 46 <br /> 47 7. Effectively using the services of available minority/women community <br /> I 48 organizations; minority/women contractors' groups; local, State, and <br /> 49 Federal minority/women business assistance offices; and other <br /> 50 organizations as allowed on a case-by-case basis to provide assistance in <br /> I 51 the recruitment and placement of UDBEs. <br /> 52 <br /> I <br /> MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 43 OF 106 SPECIAL PROVISIONS—Addendum 1 <br /> I <br /> WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008) <br />