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49 CFR Part 26 Revised: February 12, 2019 <br /> <br /> <br />15 <br /> <br /> <br /> <br /> <br />We will express our contract goals as a percentage of the total amount of a DOT-assisted <br />contract. <br /> <br />Section 26.53 Good Faith Efforts Procedures <br /> <br />Demonstration of good faith efforts (26.53(a) & (c)) <br /> <br />The obligation of the bidder/offeror is to make good faith efforts. The bidd er/offeror can <br />demonstrate that it has done so either by meeting the contract goal or documenting good faith <br />efforts. Examples of good faith efforts are found in Appendix A to Part 26. <br /> <br />Benjamin West is responsible for determining whether a bidder/offeror who has not met the <br />contract goal has documented sufficient good faith efforts to be regarded as Responsive. <br /> <br />We will ensure that all information is complete and accurate and adequately documents the <br />bidder/offeror’s good faith efforts before we commit to the performance of the contract by the <br />bidder/offeror. <br /> <br />Information to be submitted (26.53(b)) <br /> <br />In our solicitations for DOT/FAA-assisted contracts for which a contract goal has been <br />established, we will require the following: <br /> <br />(1) Award of the contract will be conditioned on meeting the requirements of this section; <br />(2) All bidders or offerors will be required to submit the following information to the <br />recipient, at the time provided in paragraph (b)(3) of this section: <br />(i) The names and addresses of DBE firms that will participate in the contract; <br />(ii) A description of the work that each DBE will perform. To count toward meeting a <br />goal, each DBE firm must be certified in a NAICS code applicable to the kind of work <br />the firm would perform on the contract; <br />(iii) The dollar amount of the participation of each DBE firm participating; <br />(iv) Written documentation of the bidder/offeror’s commitment to use a DBE <br />subcontractor whose participation it submits to meet a contract goal; and <br />(v) Written confirmation from each listed DBE firm that it is participating in the contract <br />in the kind and amount of work provided in the prime contractor’s commitment. <br />(vi) If the contract goal is not met, evidence of good faith efforts (see Appendix A of <br />this part). The documentation of good faith efforts must include copies of each DBE <br />and non-DBE subcontractor quote submitted to the bidder when a non -DBE <br />subcontractor was selected over a DBE for work on the contract; and <br />(3) We will require that the bidder/offeror present the information required by paragraph <br />(b)(2) of this section: <br /> <br />Under sealed bid procedures, as a matter of responsiveness, or with initial proposals, <br />under contract negotiation procedures;