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July 29, 2016 <br />The reconsideration official will not have played any role in the original determination <br />that the bidder/offeror did not document sufficient good faith efforts. <br />As part of this reconsideration, the bidder/offeror will have the opportunity to provide <br />written documentation or argument concerning the issue of whether it met the goal or <br />made adequate good faith efforts to do so. The bidder/offeror will have the opportunity <br />to meet in person with our reconsideration official to discuss the issue of whether it met <br />the goal or made adequate good faith efforts to do. We will send the bidder/offeror a <br />written decision on reconsideration, explaining the basis for finding that the bidder did or <br />did not meet the goal or make adequate good faith efforts to do so. The result of the <br />reconsideration process is not administratively appealable to the Department of <br />Transportation. <br />Good Faith Efforts procedures in situations when there are contract goals (26.53(f)(g)) <br />We will include in each prime contract a provision stating: <br />The contractor shall utilize the specific DBEs listed to perform the work and <br />supply the materials for which each is listed unless the contractor obtains your <br />written consent as provided in this paragraph 26.53(f); and <br />That, unless our consent is provided under this paragraph 26.53(f), the contractor <br />shall not be entitled to any payment for work or material unless it is performed or <br />supplied by the listed DBE. <br />We will require the contractor that is awarded the contract to make available upon <br />request a copy of all DBE subcontracts. The subcontractor shall ensure that all <br />subcontracts or an agreement with DBEs to supply labor or materials require that the <br />subcontract and all lower tier subcontractors be performed in accordance with this part's <br />provisions. <br />In this situation, we will require the prime contractor to obtain our prior approval of the <br />substitute DBE and to provide copies of new or amended subcontracts, or <br />documentation of good faith efforts. <br />We will require that a prime contractor not terminate a DBE subcontractor listed in <br />response to paragraph (b)(2) of this section (or an approved substitute DBE firm) <br />without our prior written consent. This includes, but not limited to, instances in which a <br />prime contractor seeks to perform work originally designated for a DBE subcontractor <br />with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm. <br />We will provide such written consent only if we agree, for reasons stated in our <br />concurrence document, that the prime contractor has good cause to terminate the DBE <br />firm. For purposes of this paragraph, good cause includes the following circumstances: <br />(1) The listed DBE subcontractor fails or refuses to execute a written contract; <br />16 <br />