Common use of DETERMINATION OF DBE RESPONSIBILITY Clause in Contracts

DETERMINATION OF DBE RESPONSIBILITY. 1. SEPTA will only award a contract with a DBE goal to a Proposer who meets the participation goal or makes good faith efforts to meet it. A Proposer must do either of the following things: (a) Documents that it has obtained sufficient DBE participation to meet the goal; or (b) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining sufficient DBE participation to do so. 2. In determining whether a Proposer has made good faith efforts to meet the DBE Goal, SEPTA will look at the documentation supporting the different kinds of efforts that the Proposer has made, as well as the quantity and intensity of those efforts. As requested by SEPTA's DBE Program Office, a Proposer shall be required to submit in writing the efforts undertaken to demonstrate the Proposer's good faith efforts to obtain DBE participation for this Contract. At a minimum, the Proposer's written statement shall include the following information, as well as address the steps specified in 49 CFR, part 26, Appendix A, IV - Guidance Concerning Good Faith Efforts: (a) Whether the Proposer attended any pre-bid meetings that were scheduled by SEPTA to inform DBEs of contracting and subcontracting opportunities; (b) Whether the Proposer advertised in general circulation, trade association, and minority focus-media concerning the subcontracting opportunities; (c) Whether the Proposer provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited, in sufficient time to allow the DBEs to participate effectively; (d) Whether the Proposer followed up initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested; (e) Whether the Proposer selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE Goal (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); (f) Whether the Proposer provided interested DBEs with adequate information about the plans, specifications and requirements of the contract; (g) Whether the Proposer negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities; (h) Whether the Proposer made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by SEPTA or the proposer; and (i) Whether the Proposer effectively used the services of available DBE community organizations, DBE contractors' groups, local, State and Federal DBE business assistance offices, and other organizations that provide assistance in recruitment and placement of DBEs. 3. If SEPTA determines that the apparent successful Proposer has failed to meet the requirements specified in paragraph E.1.above, SEPTA will provide upon receipt of written request from the Proposer an opportunity for administrative reconsideration: (a) As part of this reconsideration, the Proposer will have the opportunity to provide additional written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. (b) SEPTA's decision on reconsideration will be made by an official who did not take part in the original determination that the Proposer failed to meet the goal or make adequate good faith efforts to do so. (c) The Proposer will have the opportunity to meet in person with SEPTA's reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. (d) SEPTA will send the Proposer a written decision on reconsideration, explaining the basis for finding that the proposer did or did not meet the goal or make adequate good faith efforts to do so. (e) The result of the reconsideration process is not administratively appealable to the Department of Transportation.

DETERMINATION OF DBE RESPONSIBILITY. 1. SEPTA will only award a contract with a DBE goal to a Proposer who meets the participation goal or makes good faith efforts to meet it. A Proposer must do either of the following things: (a) Documents that it has obtained sufficient DBE participation to meet the goal; or (b) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining sufficient DBE participation to do so. 2. In determining whether a Proposer has made good faith efforts to meet the DBE Goal, SEPTA will look at the documentation supporting the different kinds of efforts that the Proposer has made, as well as the quantity and intensity of those efforts. As requested by SEPTA's DBE Program Office, a Proposer shall be required to submit in writing the efforts undertaken to demonstrate the Proposer's good faith efforts to obtain DBE participation for this Contract. At a minimum, the Proposer's written statement shall include the following information, as well as address the steps specified in 49 CFR, part 26, Appendix A, IV - Guidance Concerning Good Faith Efforts: (a) Whether the Proposer attended any pre-bid meetings that were scheduled by SEPTA to inform DBEs of contracting and subcontracting opportunities; (b) Whether the Proposer advertised in general circulation, trade association, and minority focus-media concerning the subcontracting opportunities; (c) Whether the Proposer provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited, in sufficient time to allow the DBEs to participate effectively; (d) Whether the Proposer followed up initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested; (e) Whether the Proposer selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE Goal (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); (f) Whether the Proposer provided interested DBEs with adequate information about the plans, specifications and requirements of the contract; (g) Whether the Proposer negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities; (h) Whether the Proposer made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by SEPTA or the proposer; and (i) Whether the Proposer effectively used the services of available DBE community organizations, DBE contractorsContractors' groups, local, State and Federal DBE business assistance offices, and other organizations that provide assistance in recruitment and placement of DBEs. 3. If SEPTA determines that the apparent successful Proposer has failed to meet the requirements specified in paragraph E.1.above, SEPTA will provide upon receipt of written request from the Proposer an opportunity for administrative reconsideration: (a) As part of this reconsideration, the Proposer will have the opportunity to provide additional written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. (b) SEPTA's decision on reconsideration will be made by an official who did not take part in the original determination that the Proposer failed to meet the goal or make adequate good faith efforts to do so. (c) The Proposer will have the opportunity to meet in person with SEPTA's reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. (d) SEPTA will send the Proposer a written decision on reconsideration, explaining the basis for finding that the proposer did or did not meet the goal or make adequate good faith efforts to do so. (e) The result of the reconsideration process is not administratively appealable to the Department of Transportation.

DETERMINATION OF DBE RESPONSIBILITY. 1. SEPTA will only award a contract with a DBE goal to a Proposer who meets the participation goal or makes good faith efforts to meet it. A Proposer must do either of the following things: (a) Documents that it has obtained sufficient DBE participation to meet the goal; or (b) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining sufficient DBE participation to do so. 2. In determining whether a Proposer has made good faith efforts to meet the DBE GoalGoa l, SEPTA will look at the documentation supporting the different kinds of efforts that the Proposer has made, as well as the quantity and intensity of those efforts. As requested by SEPTA's DBE Program Office, a Proposer shall be required to submit in writing the efforts undertaken to demonstrate the Proposer's good faith efforts to obtain DBE participation for this Contract. At a minimum, the Proposer's written statement shall include the following information, as well as address the steps specified in 49 CFR, part 26, Appendix A, IV - Guidance Concerning Good Faith Efforts: (a) Whether the Proposer attended any pre-bid meetings that were scheduled by SEPTA to inform DBEs of contracting and subcontracting opportunities; (b) Whether the Proposer advertised in general circulation, trade association, and minority focus-media concerning the subcontracting opportunities; (c) Whether the Proposer provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited, in sufficient time to allow the DBEs to participate effectively; (d) Whether the Proposer followed up initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested; (e) Whether the Proposer selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE Goal (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); (f) Whether the Proposer provided interested DBEs with adequate information about the plans, specifications and requirements of the contract; (g) Whether the Proposer negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities; (h) Whether the Proposer made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by SEPTA or the proposer; and (i) Whether the Proposer effectively used the services of available DBE community organizations, DBE contractors' groups, local, State and Federal DBE business assistance offices, and other organizations that provide assistance in recruitment and placement of DBEs. 3. If SEPTA determines that the apparent successful Proposer has failed to meet the requirements specified in paragraph E.1.above, SEPTA will provide upon receipt of written request from the Proposer an opportunity for administrative reconsideration: (a) As part of this reconsideration, the Proposer will have the opportunity to provide additional written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. (b) SEPTA's decision on reconsideration will be made by an official who did not take part in the original determination that the Proposer failed to meet the goal or make adequate good faith efforts to do so. (c) The Proposer will have the opportunity to meet in person with SEPTA's reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. (d) SEPTA will send the Proposer a written decision on reconsideration, explaining the basis for finding that the proposer did or did not meet the goal or make adequate good faith efforts to do so. (e) The result of the reconsideration process is not administratively administrative ly appealable to the Department of Transportation.

DETERMINATION OF DBE RESPONSIBILITY. 1. SEPTA will only award a contract with a DBE goal to a Proposer who meets the participation goal or makes good faith efforts to meet it. A Proposer must do either of the following things: (a) Documents that it has obtained sufficient DBE participation to meet the goal; or (b) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining sufficient DBE participation to do so. 2. In determining whether a Proposer has made good faith efforts to meet the DBE Goal, SEPTA will look at the documentation supporting the different kinds of efforts that the Proposer has made, as well as the quantity and intensity of those efforts. As requested by SEPTA's DBE Program Office, a Proposer shall be required to submit in writing the efforts undertaken to demonstrate the Proposer's good faith efforts to obtain DBE participation for this Contract. At a minimum, the Proposer's written statement shall include the following information, as well as address the steps specified in 49 CFR, part 26, Appendix A, IV - Guidance Concerning Good Faith Efforts: (a) Whether the Proposer attended any pre-bid meetings that were scheduled by SEPTA to inform DBEs of contracting and subcontracting opportunities; (b) Whether the Proposer advertised in general circulation, trade association, and minority focus-media concerning the subcontracting opportunities; (c) Whether the Proposer provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited, in sufficient time to allow the DBEs to participate effectively; (d) Whether the Proposer followed up initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested; (e) Whether the Proposer selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE Goal (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); (f) Whether the Proposer provided interested DBEs with adequate information about the plans, specifications and requirements of the contract; (g) Whether the Proposer negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities; (h) Whether the Proposer made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by SEPTA or the proposer; and (i) Whether the Proposer effectively used the services of available DBE community organizations, DBE contractors' groups, local, State and Federal DBE business assistance offices, and other organizations that provide assistance in recruitment and placement of DBEs. 3. If SEPTA determines that the apparent successful Proposer has failed to meet the requirements specified in paragraph E.1.above, SEPTA will provide upon receipt of written request from the Proposer an opportunity for administrative reconsideration: (a) As part of this reconsideration, the Proposer will have the opportunity to provide additional written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. (b) SEPTA's decision on reconsideration will be made by an official who did not take part in the original determination that the Proposer failed to meet the goal or make adequate good faith efforts to do so. (c) The Proposer will have the opportunity to meet in person with SEPTA's reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. (d) SEPTA will send the Proposer a written decision on reconsideration, explaining the basis for finding that the proposer did or did not meet the goal or make adequate good faith efforts to do so. (e) The result of the reconsideration process is not administratively appealable to the Department of Transportation.