Common use of Good Faith Effort Documentation Clause in Contracts

Good Faith Effort Documentation. Prime contractors shall solicit participation of MWBE firms (including subcontractor, consultants and service providers) for SRF-funded projects in an effort to meet the appropriate goals. In the event respective goals are not achieved, the contractor must submit sufficient documentation to demonstrate good faith efforts have been made to provide opportunities to certified MWBE firms to participate in SRF-funded projects. Examples of documentation of good faith efforts are set forth below: • Information on the scope of work related to the contract and specific steps taken to reasonably structure the scope of work to break out tasks or equipment needs for the purpose of providing opportunities for subcontracting with or obtaining supplies or services from MBEs or WBEs. • Printed screenshots of the directory of Certified Minority and Women Owned Businesses (MWBE directory) on ESD’s website (▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) on a statewide basis, if appropriate, for both MBEs and WBEs that provide the services or equipment necessary for the contract. Contact the MBO for assistance in performing a proper search including identifying a sufficient number of solicitations to show that good faith effort was made. • Copies of timely solicitations and documentation that the contractor offered relevant plans, specifications, or other related materials to MBE and WBE firms on ESD’s MWBE directory to participate in the work, with the responses. The contractor is to offer sufficient advance notice proportional to the size and complexity of the contract to enable MBEs and WBEs to prepare an informed response to the solicitations for participation as a subcontractor or supplier. The solicitations and responses are required to be documented in a log to be submitted in the case where the goal is not met. The log should consist of the list of MBE and WBE firms solicited, their contact information, the type of work they were solicited to perform (or equipment to provide), how the solicitation was made (fax, phone, email) and the contact information, the contacts name and the outcome. If a bid was received, the bid price should also be included in the log. See a sample log entry below: Date M/WBE Type Company Scope of work Contact Name Phone/ Email Solicitation Format MWBE Response Negotiation Required? Selected? If not, Explain If no response was received to an initial solicitation, at least one follow-up solicitation should be made in a different format than the first, e.g. fax followed by phone call. Any bids received from non-MWBE firms should also be tracked on the log. Submit the EPA 6100-3 and 6100-4 forms that are required as part of all bids or proposals. A properly completed EPA 6100-3 form is good indication of a contact to an MWBE and their response to the contact. If solicitations do not result in obtaining sufficient participation of MWBE firms due to non-responsiveness, please contact the MBO or EFC MWBE representative for support. • Copies of any advertisements of sufficient duration to effectively seek participation of certified MBE and WBEs timely published in appropriate general circulation, trade and MWBE oriented publications, together with listing and dates of publication of such advertisements. A log should be kept of the responses to the ads, similar to the log for MWBE firm solicitation and should include the non-MWBE firms that responded and the bid prices. Any negotiations should be documented in the log. • Documents demonstrating that insufficient MBEs or WBEs are reasonably available to perform the work. Based on the NYS Disparity Study, there is a presumption of MBE and WBE statewide availability, unless information is submitted indicating otherwise. • A written demonstration that the contractor offered to make up any inability to meet the project MWBE participation goals in other contracts and/or agreements performed by the contractor on another SRF funded project. • The date of pre-bid, pre-award, or other meetings scheduled by the Recipient, if any, and the contact information of any MBEs and WBEs who attended and are capable of performing work on the project. • Any other information or documentation that demonstrates the contractor conducted good faith efforts to provide opportunities for MWBE participation in their work. For instance, prime contractors and MBOs should develop a list of MWBE firms that have expressed interest in working on SRF funded projects • The use of certified Disadvantaged Business Enterprises (DBE), Small Business Administration (SBA), and Veteran-Owned Small Businesses (VOSB) may be considered as a demonstration of Good Faith Efforts.

Good Faith Effort Documentation. The Prime contractors Contractor shall maintain documentation of their efforts to solicit participation of MWBE firms (including subcontractor, consultants and service providers) for SRF-funded projects in an effort to meet the appropriate goals. In the event respective goals are not achieved, the contractor Contractor must submit sufficient documentation to demonstrate good faith efforts have been made to provide opportunities to certified MWBE firms to participate in SRF-funded projects. Examples of documentation of good faith efforts are set forth below: • Information on the scope of work related to the contract and specific steps taken to reasonably structure the scope of work to break out tasks or equipment needs for the purpose of providing opportunities for subcontracting with with, or obtaining supplies or services from from, MBEs or WBEs. • Printed screenshots of the directory of Certified Minority and Women Owned Businesses (MWBE directory) on ESD’s website (▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) on a statewide basis, if appropriate, for both MBEs and WBEs that provide the services or equipment necessary for the contract. Contact the MBO for assistance in performing a proper search including identifying a sufficient number of solicitations to show that good faith effort was made. • Copies of timely solicitations and documentation that the contractor Contractor offered relevant plans, specifications, or other related materials to MBE and WBE firms on ESD’s MWBE directory to participate in the work, with the responses. The contractor Contractor is to offer sufficient advance notice proportional to the size and complexity of the contract to enable MBEs and WBEs to prepare an informed response to the solicitations for participation as a subcontractor Subcontractor or supplier. The solicitations and responses are required to be documented in a log to be submitted in the case where the goal is not met. The log should consist of the list of MBE and WBE firms solicited, their contact information, the type of work they were solicited to perform (or equipment to provide), how the solicitation was made (fax, phone, email) and the contact information, the contacts name and the outcome. If a bid was received, the bid price should also be included in the log. See a sample log entry below: Date M/WBE Type Company Scope of work Contact Name Phone/ Email Solicitation Format MWBE Response Negotiation Required? Selected? If not, Explain If no response was received to an initial solicitation, at least one follow-up solicitation should be made in a different format than the first, e.g. fax followed by phone call. Any bids received from non-MWBE firms should also be tracked on the log. Submit the EPA 6100-3 and 6100-4 forms that are required as part of all bids or proposals. A properly completed EPA 6100-3 form is good indication of a contact to an MWBE and their response to the contact. If solicitations do not result in obtaining sufficient participation of MWBE firms due to non-responsiveness, please contact the MBO or EFC MWBE representative for support. • Copies of any advertisements of sufficient duration to effectively seek participation of certified MBE and WBEs timely published in appropriate general circulation, trade and MWBE oriented publications, together with listing and dates of publication of such advertisements. EFC recommends the use of the Contract Reporter that is free to all Contractors - ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇/. A log should be kept of the responses to the ads, similar to the log for MWBE firm solicitation and should include the non-MWBE firms that responded and the bid prices. Any negotiations should be documented in the log. • Documents demonstrating that insufficient MBEs or WBEs are reasonably available to perform the work. Based on the NYS Disparity Study, there is a presumption of MBE and WBE statewide availability, unless information is submitted indicating otherwise. • A written demonstration that the contractor Contractor offered to make up any inability to meet the project MWBE participation goals in other contracts and/or agreements performed by the contractor Contractor on another SRF funded project. • The date of pre-bid, pre-award, or other meetings scheduled by the Recipient, if any, and the contact information of any MBEs and WBEs who attended and are capable of performing work on the project. • Any other information or documentation that demonstrates the contractor Contractor conducted good faith efforts to provide opportunities for MWBE participation in their work. For instance, prime contractors Prime Contractors and MBOs should develop a list of MWBE firms that have expressed interest in working on SRF funded projects • The use of certified Disadvantaged Business Enterprises (DBE), Small Business Administration (SBA), and Veteran-Owned Small Businesses (VOSB) may be considered as a demonstration of Good Faith Efforts.