The College expects all firms to demonstrate a good faith effort to include M/W/DBE’s when bidding on College contracts. A good faith effort as defined by the Code of Federal Regulations (49CFR26) means “ efforts to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement”. If you are not successful in securing M/W/DBE participation after a good faith effort is made, provide the following in your waiver request: • A detailed account of your efforts; • Your normal business practice and/or inventory profile; and • An active diversity plan/policy Reporting During and After Project Completion - The contractor shall submit with their monthly application for payment a written M/W/DBE Contractor Report demonstrating their compliance with the goal. The report shall state the dollar amount spent on labor, materials, services, and subcontracts and shall list firm names and vendor names. At the completion of the project, with final application for payment, the contractor shall submit a recap of their compliance which shall state the dollar amount spent on labor, materials, subcontracts, and services as a percentage of the total contract amount. Projects with shorter timeframes shall require a one-time only report at the completion of the project. Reports are to be accompanied by back-up documentation evidencing the business relationship with the M/W/DBE for the particular project (e.g.: copies of invoices, purchase orders, or evidence of payments). Failure to Comply With M/W/DBE Goals – If the contractor fails to make a good faith effort (as determined by the College) to comply with the College’s 20% M/W/DBE goal or fails to meet their M/W/DBE commitment or to submit documentation as required by the College, the College may consider such non-compliance or breach of contract and any one or more of the following may occur: • Rejection of the bid • Forfeiture of bid guaranty • Termination of the contract • The imposing of sanctions as deemed appropriate by the College • Contractor being barred from bidding on College contracts for up to three (3) years • Or such other remedy as the College deems appropriate
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