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2025 FEDERAL OVERLAY, BROADWAY – CALIFORNIA ST TO 18TH ST SPECIAL PROVISIONS <br />FEDERAL AID# STBGUL-2715(012); COE PW# 3841 SP-39 May 6, 2025 <br /> <br />49 CFR Part 26, Appendix A is intended as general guidance and does not, in itself, 1 <br />demonstrate adequate good faith efforts. The following is a list of types of actions, which 2 <br />would be considered as part of the Bidder’s GFE Documentation to achieve DBE 3 <br />participation. It is not intended to be a mandatory checklist, nor is it intended to be 4 <br />exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate 5 <br />cases. 6 <br /> 7 <br />1. Soliciting through all reasonable and available means (e.g. attendance at pre-8 <br />bid meetings, advertising and/or written notices) the interest of all certified DBEs 9 <br />who have the capability to perform the Work of the Contract. The Bidder must 10 <br />solicit this interest within sufficient time to allow the DBEs to respond to the 11 <br />solicitation. The Bidder must determine with certainty if the DBEs are interested 12 <br />by taking appropriate steps to follow up initial solicitations. 13 <br /> 14 <br />2. Selecting portions of the Work to be performed by DBEs in order to increase the 15 <br />likelihood that the DBE COA Goal will be achieved. This includes, where 16 <br />appropriate, breaking out contract Work items into economically feasible units 17 <br />to facilitate DBE participation, even when the Bidder might otherwise prefer to 18 <br />perform these Work items with its own forces. 19 <br /> 20 <br />3. Providing interested DBEs with adequate information about the Plans, 21 <br />Specifications, and requirements of the Contract in a timely manner to assist 22 <br />them in responding to a solicitation. 23 <br /> 24 <br />a. Negotiating in good faith with interested DBEs. It is the Bidder’s 25 <br />responsibility to make a portion of the Work available to DBE subcontractors 26 <br />and suppliers and to select those portions of the Work or material needs 27 <br />consistent with the available DBE subcontractors and suppliers, so as to 28 <br />facilitate DBE participation. Evidence of such negotiation includes the 29 <br />names, addresses, and telephone numbers of DBEs that were considered; 30 <br />a description of the information provided regarding the Plans and 31 <br />Specifications for the Work selected for subcontracting; and evidence as to 32 <br />why additional agreements could not be reached for DBEs to perform the 33 <br />Work. 34 <br /> 35 <br />b. A Bidder using good business judgment would consider a number of factors 36 <br />in negotiating with subcontractors, including DBE subcontractors, and 37 <br />would take a firm’s price and capabilities as well as the DBE COA Goal into 38 <br />consideration. However, the fact that there may be some additional costs 39 <br />involved in finding and using DBEs is not in itself sufficient reason for a 40 <br />Bidder’s failure to meet the DBE COA Goal, as long as such costs are 41 <br />reasonable. Also, the ability or desire of a Bidder to perform the Work of a 42 <br />Contract with its own organization does not relieve the Bidder of the 43 <br />responsibility to make Good Faith Efforts. Bidders are not, however, 44 <br />required to accept higher quotes from DBEs if the price difference is 45 <br />excessive or unreasonable. 46 <br /> 47 <br />4. Not rejecting DBEs as being unqualified without sound reasons based on a 48 <br />thorough investigation of their capabilities. The Bidder’s standing within its 49 <br />industry, membership in specific groups, organizations, or associations and 50 <br />political or social affiliations (for example union vs. non-union employee status) 51