HM Pacific Northwest Inc. 5/18/2023

I 1 2. Selecting portions of the Work to be performed by DBEs in order to increase 2 the likelihood that the DBE COA Goal will be achieved. This includes, where 3 appropriate, breaking out contract Work items into economically feasible 4 units to facilitate DBE participation, even when the Bidder might otherwise 5 prefer to perform these Work items with its own forces. I 6 7 3. Providing interested DBEs with adequate information about the Plans, 8 Specifications, and requirements of the Contract in a timely manner to 1 9 assist them in responding to a solicitation. 10 11 a. Negotiating in good faith with interested DBEs. It is the Bidder's I 12 responsibility to make a portion of the Work available to DBE 13 subcontractors and suppliers and to select those portions of the Work 14 or material needs consistent with the available DBE subcontractors and iii 15 suppliers, so as to facilitate DBE participation. Evidence of such 16 negotiation includes the names, addresses, and telephone numbers of 17 DBEs that were considered; a description of the information provided 18 regarding the Plans and Specifications for the Work selected for , 19 subcontracting; and evidence as to why additional agreements could 20 not be reached for DBEs to perform the Work. 21 111 22 b. A Bidder using good business judgment would consider a number of 23 factors in negotiating with subcontractors, including DBE 24 subcontractors, and would take a firm's price and capabilities as well I 25 as the DBE COA Goal into consideration. However, the fact that there 26 may be some additional costs involved in finding and using DBEs is not 27 in itself sufficient reason for a Bidder's failure to meet the DBE COA II 28 Goal, as long as such costs are reasonable. Also, the ability or desire 29 of a Bidder to perform the Work of a Contract with its own organization 30 does not relieve the Bidder of the responsibility to make Good Faith 31 Efforts. Bidders are not, however, required to accept higher quotes 32 from DBEs if the price difference is excessive or unreasonable. 33 34 4. Not rejecting DBEs as being unqualified without sound reasons based on a I 35 thorough investigation of their capabilities. The Bidder's standing within its 36 industry, membership in specific groups, organizations, or associations and 37 political or social affiliations (for example union vs. non-union employee 38 status) are not legitimate causes for the rejection or non-solicitation of bids 39 in the Bidder's efforts to meet the DBE COA Goal. 40 III 41 5. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, 42 or insurance as required by the recipient or Bidder. 43 44 6. Making efforts to assist interested DBEs in obtaining necessary equipment, 45 supplies, materials, or related assistance or services. 46 47 7. Effectively using the services of available minority/women community 48 organizations; minority/women contractors' groups; local, State, and 49 Federal minority/women business assistance offices; and other 50 organizations as allowed on a case-by-case basis to provide assistance in 51 the recruitment and placement of DBEs. I 2023 FEDERAL OVERLAY FEDERAL AID#STBGUL-2715(011) I WO##3788 March 2,2023 SP-36