Laserfiche WebLink
Edgewater Creek Bridge Replacement November 2023 50 appropriate, breaking out contract Work items into economically feasible 1 units to facilitate DBE participation, even when the Bidder might otherwise 2 prefer to perform these Work items with its own forces. 3 4 3. Providing interested DBEs with adequate information about the Plans, 5 Specifications, and requirements of the Contract in a timely manner to 6 assist them in responding to a solicitation. 7 8 a. Negotiating in good faith with interested DBEs. It is the Bidder’s 9 responsibility to make a portion of the Work available to DBE 10 subcontractors and suppliers and to select those portions of the Work 11 or material needs consistent with the available DBE subcontractors and 12 suppliers, so as to facilitate DBE participation. Evidence of such 13 negotiation includes the names, addresses, and telephone numbers of 14 DBEs that were considered; a description of the information provided 15 regarding the Plans and Specifications for the Work selected for 16 subcontracting; and evidence as to why additional agreements could 17 not be reached for DBEs to perform the Work. 18 19 b. A Bidder using good business judgment would consider a number of 20 factors in negotiating with subcontractors, including DBE 21 subcontractors, and would take a firm’s price and capabilities as well 22 as the DBE COA Goal into consideration. However, the fact that there 23 may be some additional costs involved in finding and using DBEs is not 24 in itself sufficient reason for a Bidder’s failure to meet the DBE COA 25 Goal, as long as such costs are reasonable. Also, the ability or desire 26 of a Bidder to perform the Work of a Contract with its own organization 27 does not relieve the Bidder of the responsibility to make Good Faith 28 Efforts. Bidders are not, however, required to accept higher quotes 29 from DBEs if the price difference is excessive or unreasonable. 30 31 4. Not rejecting DBEs as being unqualified without sound reasons based on a 32 thorough investigation of their capabilities. The Bidder’s standing within its 33 industry, membership in specific groups, organizations, or associations and 34 political or social affiliations (for example union vs. non-union employee 35 status) are not legitimate causes for the rejection or non-solicitation of bids 36 in the Bidder’s efforts to meet the DBE COA Goal. 37 38 5. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, 39 or insurance as required by the recipient or Bidder. 40 41 6. Making efforts to assist interested DBEs in obtaining necessary equipment, 42 supplies, materials, or related assistance or services. 43 44 7. Effectively using the services of available minority/women community 45 organizations; minority/women contractors’ groups; local, State, and 46 Federal minority/women business assistance offices; and other 47 organizations as allowed on a case-by-case basis to provide assistance in 48 the recruitment and placement of DBEs. 49 50 8. Documentation of GFE must include copies of each DBE and non-DBE 51 subcontractor quotes submitted to the Bidder when a non-DBE 52