(a) If the contractor is unable to meet the SBE goal,
the contractor must document the good faith efforts taken to meet
the SBE goal and to obtain SBE participation.
(b) The department will consider as good faith efforts
all documented explanations that are submitted and that describe a
contractor's failure to meet an SBE goal or obtain SBE participation,
including:
(1) advertising in general circulation, trade association,
or minority or women focus media concerning subcontracting opportunities;
(2) providing written notice to at least five qualified
SBEs allowing sufficient time for SBEs to participate effectively;
(3) dividing the contract work into reasonable portions
in accordance with standard industry practices;
(4) documenting reasons for rejection or meeting with
the rejected SBE to discuss the rejection;
(5) providing qualified SBEs with adequate information
about bonding, insurance, plans, specifications, scope of work, and
the requirements of the contract;
(6) negotiating in good faith with qualified SBEs,
not rejecting qualified SBEs who are also the lowest responsive bidder;
and
(7) using the services of available minorities and
women, community organizations, contractor groups, local, state, and
federal business assistance offices, and other organizations that
provide support services to SBEs.
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