A. Individual Waiver of Project Subcontracting Goals. If a bidder has not met the established individual project subcontracting goals, the procurement director may waive such goals if there is a timely request for waiver and sufficient demonstration that good faith efforts were made to meet the goal. The kinds of efforts, as well as the quantity and intensity of effort to meet established goals, will be considered. The statement of good faith efforts submitted with the subcontracting equity packet may contain any information the bidder deems relevant and must include each of the following:
1. Verification of advertisements soliciting bids from SBEs for three consecutive days in an approved publication or copies of written notifications sent to all SBEs currently certified with the county within identified subcontracting categories, that interest in the subcontract is solicited. Such advertisements or notices must expressly describe a given project and state that SBE participation is sought; incidental reference to the project or listing of the bidder as a plan holder is not sufficient. Such advertisements or notices shall be published or sent so that there is adequate time to respond prior to bid opening.
2. Verification that the procurement department was contacted in order to obtain assistance in identifying available qualified SBEs.
3. Verification of efforts to subcontract, consistent with industry practice, with SBEs that the bidder has contacted or who have contacted the bidder, including the names, addresses, and telephone numbers of all SBEs contacted and date of contact; a description of efforts made to subcontract; a description of the information provided to the SBEs regarding plans and specifications, and if attempts to subcontract actually occurred, the dates and places of such process and a description of the outcome.
4. Verification that the bidder gave SBEs necessary access to and adequate time to review all necessary plans, drawings, specifications, and other documents, as well as adequate time to prepare subcontract bids and/or negotiate joint venture agreements.
5. Verification that, reasonably consistent with industry practice or the bidder's past practices on similar projects, the bidder made efforts to attract SBEs in order to achieve the project goals, including consideration of dividing the work into economically feasible units.
6. A statement describing the reasons why the bidder and SBE did not succeed in reaching a subcontracting or joint venture agreement for each SBE which contacted the bidder or which the bidder contacted.
7. Verification that the bidder rejected available SBEs because they submitted bids which were unreasonably high, or they were not qualified. Such verification shall include a statement of the amounts of all bids received from potential subcontractors and all relevant dates.
B. The county may waive a project goal, at least in part, if the SBE subcontractor quotes received by the contractor in one trade exceed the quote(s) of the lowest non-SBE competing for the same work by the lesser of fifteen percent or two hundred fifty thousand dollars and no other trade area is available to meet the established SBE goal. A contractor may not compare self-performed costs against an SBE subcontractor quote as justification for the rejection of a bid.
C. General Waiver or Reduction of Project Goal. The procurement director may waive or reduce the established project goal where it is determined that SBE availability is less than projected upon establishing the goal. In such circumstances, the procurement director will certify that SBEs are in fact not available to provide the needed labor and materials at competitive prices.
(Ord. 2017-28 § 4, 2017; Ord. 2011-15 § 1 (part), 2011: Ord. 2009-47 § 1 (part), 2009: Ord. 1997-44, 1997)