Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 40 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 the DBEs are interested by taking appropriate steps to follow up initial 1 solicitations. 2 3 2. Selecting portions of the Work to be performed by DBEs in order to increase 4 the likelihood that the DBE COA Goal will be achieved. This includes, where 5 appropriate, breaking out contract Work items into economically feasible 6 units to facilitate DBE participation, even when the Bidder might otherwise 7 prefer to perform these Work items with its own forces. 8 9 3. Providing interested DBEs with adequate information about the Plans, 10 Specifications, and requirements of the Contract in a timely manner to 11 assist them in responding to a solicitation. 12 13 a. Negotiating in good faith with interested DBEs. It is the Bidder’s 14 responsibility to make a portion of the Work available to DBE 15 subcontractors and suppliers and to select those portions of the Work 16 or material needs consistent with the available DBE subcontractors and 17 suppliers, so as to facilitate DBE participation. Evidence of such 18 negotiation includes the names, addresses, and telephone numbers of 19 DBEs that were considered; a description of the information provided 20 regarding the Plans and Specifications for the Work selected for 21 subcontracting; and evidence as to why additional agreements could 22 not be reached for DBEs to perform the Work. 23 24 b. A Bidder using good business judgment would consider a number of 25 factors in negotiating with subcontractors, including DBE 26 subcontractors, and would take a firm’s price and capabilities as well 27 as the DBE COA Goal into consideration. However, the fact that there 28 may be some additional costs involved in finding and using DBEs is not 29 in itself sufficient reason for a Bidder’s failure to meet the DBE COA 30 Goal, as long as such costs are reasonable. Also, the ability or desire 31 of a Bidder to perform the Work of a Contract with its own organization 32 does not relieve the Bidder of the responsibility to make Good Faith 33 Efforts. Bidders are not, however, required to accept higher quotes 34 from DBEs if the price difference is excessive or unreasonable. 35 36 4. Not rejecting DBEs as being unqualified without sound reasons based on a 37 thorough investigation of their capabilities. The Bidder’s standing within its 38 industry, membership in specific groups, organizations, or associations and 39 political or social affiliations (for example union vs. non -union employee 40 status) are not legitimate causes for the rejection or non -solicitation of bids 41 in the Bidder’s efforts to meet the DBE COA Goal. 42 43 5. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, 44 or insurance as required by the recipient or Bidder. 45 46 6. Making efforts to assist interested DBEs in obtaining necessary equipment, 47 supplies, materials, or related assistance or services. 48 49 7. Effectively using the services of available minority/women community 50 organizations; minority/women contractors’ groups; local, State, and 51 Federal minority/women business assistance offices; and other 52