| (a) If the department determines that a bidder failed
to satisfy the good faith efforts requirements before the execution
of the contract, the department will notify the bidder of the failure
and will give the bidder an opportunity for administrative reconsideration.
(b) The bidder must request an administrative reconsideration
of that determination within 10 days of the date of receipt of the
notice provided under subsection (a) of this section.
(c) If a reconsideration request is timely received,
the reconsideration decision will be made by the department's DBE
liaison officer or, if the DBE liaison officer took part in the original
determination that the bidder failed to satisfy the good faith effort
requirements, a department employee who holds a senior leadership
position of the department and reports directly to the executive director,
who did not take part in the original determination, and who is appointed
by the executive director to make the reconsideration decision.
(d) The bidder may provide written documentation or
argument concerning whether the assigned DBE contract goal was met
or whether adequate good faith efforts were made to meet the contract
goal.
(e) The DBE liaison or other department employee making
the reconsideration determination may request a meeting with the bidder
to discuss whether the goal commitments were met or whether adequate
good faith efforts were made to obtain the commitments to meet the
contract goal.
(f) The meeting must be held within 30 days of the
date of the request submitted under subsection (b) of this section.
If the bidder is unavailable to meet during the 30-day period, the
reconsideration decision will be made on the written information provided
by the bidder.
(g) The department will provide to the bidder a written
decision that explains the basis for finding that the bidder did or
did not meet the contract goal or make adequate good faith efforts
to meet the contract goal within 30 days of the date of the notice
issued in subsection (a) of this section.
(h) The reconsideration decision is final and is not
administratively appealed to DOT.
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