188.05 Good faith efforts.
   Good faith efforts are those steps taken by a bidder/proposer to achieve the MBE/WBE subcontract goal as determined in accord with the provisions of this Chapter and as provided in bid materials, including the submission of documentation demonstrating a contractor's efforts to meet the MBE/WBE subcontract goal.
   (1)   Bidders should use selection methods and strategies sufficiently effective for successful MBE and WBE participation, including but not limited to:
      (A)   Forming an outreach strategy for meeting MBE/WBE aspirational goals.
      (B)   Building an internal subcontractor connection and project team .
      (C)   Strengthening business relationships with potential MBE/WBE subcontractors.
      (D)   Improving the lines of communication.
      (E)   Establishing business development support activities for MBE/WBE firms.
      (F)   Developing approaches to resolving disputes.
      (G)   Creating avenues to build capacity, including possible mentorship opportunities.
   (2)   At the City's request, Bidders shall furnish evidence of good faith efforts, such as statements of interested vendors or subcontractors, selected subcontractors, bid proposals or price quotations and copies of agreements with MBE and/or WBE subcontractors, either before contract execution or during contract performance.
   (3)   All terminations, substitutions, and reduction in scope of work to be subcontracted to MBEs/WBEs by the prime contractor must be approved in writing by the Department of Diversity, Equity and Inclusion. The prime contractor shall demonstrate good faith efforts to replace a committed MBE/WBE firm that does not perform as intended with another committed MBE/WBE firm to perform at least the same amount of work under the contract as the MBE that was terminated or replaced, to the extent needed to meet the contracted goal.
(Ord. 238-23. Passed 5-30- 23.)