§ 126.612. Good faith efforts in lieu of meeting Program goals.

For a contract with JSEB subcontracting goals, a contractor must comply by either meeting the goal or demonstrating Good Faith Efforts to achieve it that are consistent with the requirements set forth in this Chapter. In determining whether a bidder/proposer has made Good Faith Efforts, in lieu of achieving the stated goals, the Director shall consider all relevant factors, which include:

(a)

The ability of other bidders/proposers in meeting the Project Specific Goal(s) may be considered.

(1)

A contact log showing the name, address, and contact number (phone or fax) used to contact the proposed certified subcontractors, nature of work requested for quote, date of contact, person making the effort;

(2)

The description of work for which a quote was requested;

(3)

The amount of the quote given, if one was obtained;

(4)

The list of divisions of work not subcontracted and an explanation why not; and

(5)

Subcontractor information as requested by forms developed by the Department.

(b)

For contracts other than for construction related professional services, a signed letter of intent from all listed JSEBs describing the work, materials, equipment or services to be performed or provided by the JSEBs and the agreed upon dollar value shall be due with the bid documents but in no event before the expiration of 48 hours after the submission of the bid.

(c)

For construction related professional services contracts, the highest ranked proposer must deliver at the time of fee and contract negotiations signed letters of intent between itself and the JSEBs to be utilized.

If the Director finds that a bidder/proposer did not make sufficient Good Faith Efforts, the Director shall communicate this finding to the User Department and recommend that the bid/proposal be rejected. A bidder/proposer may protest this determination pursuant to the City's bid protest procedures.

(Ord. 2004-602-E, § 4; Ord. 2013-209-E, § 36)

Note— Former § 126.614. See editor's note, § 126.610.