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49 CFR Part 26 Revised: February 12, 2019 <br /> <br /> <br />16 <br /> <br /> <br /> <br /> <br />Administrative reconsideration (26.53(d)) <br /> <br />Within 5 business days of being informed by Kittitas County that it is not responsive because it <br />has not documented sufficient good faith efforts, a bidder/offeror may request administrative <br />reconsideration. Bidder/offerors should make this request in writing to the following <br />reconsideration official: <br /> <br />Greg Zempel, Prosecutor Attorney <br />Kittitas County <br />411 North Ruby Street, Suite 1 <br />Ellensburg, WA 98926 <br />prosecutor@co.kittitas.wa.us <br />(509) 962-7520 <br /> <br />The reconsideration official will not have played any role in the original determination that the <br />bidder/offeror did not document sufficient good faith efforts. <br /> <br />As part of this reconsideration, the bidder/offeror will have the opportunity to provide written <br />documentation or argument concerning the issue of whether it met the goal or made adequate <br />good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with <br />our reconsideration official to discuss the issue of whether it met the goal or made adequate <br />good faith efforts to do. We will send the bidder/offeror a written decision on reconsideration, <br />explaining the basis for finding that the bidder did or did not meet the goal or make adequate <br />good faith efforts to do so. The result of the reconsideration process is not administratively <br />appealable to the Department of Transportation. <br /> <br />Good Faith Efforts procedures in situations when there are contract goals (26.53(f)(g)) <br /> <br />We will include in each prime contract a provision stating: <br /> <br />The contractor shall utilize the specific DBEs listed to perform the work and supply the <br />materials for which each is listed unless the contractor obtains your written consent as <br />provided in this paragraph 26.53(f); and <br /> <br />That, unless our consent is provided under this paragraph 26.53(f), the contractor shall <br />not be entitled to any payment for work or material unless it is performed or supplied by <br />the listed DBE. <br /> <br />We will require the contractor that is awarded the contract to make available upon request a <br />copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an <br />agreement with DBEs to supply labor or materials require that the subcontract and all lower tier <br />subcontractors be performed in accordance with this part’s provisions. <br />