Attachment B to BID 18-10 - Schedule 3 - Demonstration of Good Faith Efforts - Amendment No. 2.docx

SCHEDULE 3

DEMONSTRATION OF GOOD FAITH EFFORTS TO ACHIEVE ACDBE GOAL

Name of Bidder: ____________________________________________________________________

The Airport Concession Disadvantaged Business Enterprise (ACDBE) goal for this Concession Agreement is 3.19% of purchases of goods and services. The undersigned bidder intends to satisfy the requirements of the Invitation for Bid related to ACDBE participation in the following manner:

Check (√) applicable box and fill in blank(s) below:

□ Bidder commits to a minimum of _______ % ACDBE participation[footnoteRef:1]. [1: Complete this blank with the proposed percentage if bidder is proposing to achieve or exceed the ACDBE goal.]

□ If bidder has determined that bidder will be unable to meet the ACDBE goal established for this Concession Agreement of 3.19%, bidder commits to a minimum of ______ % ACDBE participation on this Agreement and will demonstrate its good faith efforts to achieve the established ACDBE goal.

By: ____________________________________________ Signature

Print Name/Title: _________________________________

Date:___________________________________________

The bidder must demonstrate that it has made good faith efforts to achieve the ACDBE goal by either: (a) committing to achieve or exceed the ACDBE goal, or (b) showing that bidder took all necessary and reasonable steps to secure participation by certified ACDBE firms as required by the Invitation to Bid. Mere pro forma efforts will not be considered as a good faith effort. In addition, the ability or desire of the bidder to perform the work with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Efforts, such as sending blanket faxes or e-mail messages, to all ACDBE firms alone shall not be considered a good faith effort. In determining whether a bidder has made good faith efforts, the Department may take into account the performance of other bidders in meeting the ACDBE goal. Actions constituting evidence of good faith efforts are described in more detail in Appendix A to Title 49, Code of Federal Regulations, Part 26. The following actions by bidders are generally considered a sign of good faith effort. This list is not exclusive or exhaustive, but should be used as a guide in determining good faith.

IN THE EVENT BIDDER HAS DETERMINED THAT IT WILL BE UNABLE TO MEET ACDBE GOAL, BIDDER MUST COMPLETE THE REMAINDER OF THIS FORM AND SUBMIT WRITTEN DOCUMENTATION DEMONSTRATING BIDDER’S GOOD FAITH EFFORTS TO ACHIEVE THE ACDBE PARTICIPATION GOAL. FAILURE TO PROVIDE THE REQUESTED DOCUMENTATION SHALL RESULT IN THE BID BEING DETERMINED NONRESPONSIVE TO THE ACDBE REQUIREMENTS.

1. CONTACT LOG. The bidder should provide a contact log with Schedule 3 that contains the following information: (1) the name of each ACDBE firm contacted, (2) the initial date each ACDBE firm was solicited, (3) how each ACDBE firm was solicited (i.e., correspondence, e-mail, fax, telephone, etc…), (4) dates of follow up efforts; (5) a summary of the follow up efforts (i.e., correspondence, e-mail, fax, telephone conversations, meetings, etc…), and (6) the general results of the bidder’s efforts. The efforts employed by the bidder must be those that one could reasonably expect the bidder to take if the bidder were actively and aggressively trying to obtain ACDBE participation to meet the goal. Direct communication is the most effective means of securing ACDBE participation. The bidder may use the contact log form attached to Schedule 3 or may provide a separate contact log with the information required by this paragraph. The contact log is utilized to assist the County in determining the quality, quantity and intensity of the efforts made by each of bidder to achieve the ACDBE goal.

A. The bidder should provide backup documentation supporting the statements contained in the contact log, including copies of solicitation letters, e-mails, faxes, and telephone logs, with Schedule 3; however, supporting documentation shall not be accepted in lieu of a contact log. The County may request copies of supporting documentation listed in the contact log to clarify information included in the contact log if not included or incomplete. It shall be the responsibility of the bidder to submit the requested information within the timeframe specified by the County (normally within two (2) business days). Failure of the bidder to provide the requested information within the timeframe specified by the County shall cause the bid submitted by the bidder to be nonresponsive to the Invitation to Bid requirements.

B. Follow up efforts will be considered in determining good faith efforts as such efforts are relevant to the quality and intensity of the efforts made by the bidder. The contact log should detail the efforts the bidder took to follow up with ACDBE firms following initial solicitation efforts. Follow up efforts should be tracked and documented, including the name of individuals contacted with each ACDBE firm and the relevant contact information. Blanket e-mails or mailings to ACDBE firms alone are not sufficient to satisfy good faith efforts. Failing to make reasonable follow up efforts raises the question of whether the bidder made good faith efforts.

C. ACDBE firms listed in the contact log may be contacted by the County to verify information contained in the contact log. Failure to provide information that is accurate in all material respects shall cause the bid submitted by the bidder to be nonresponsive.

2. ADVERTISING. The bidder shall list all advertisements soliciting ACDBE participation below. Proof of publication or copies of advertisements should be provided with Schedule 3. Advertising in minority/women publications and through minority/women organizations and business assistance offices in addition to traditional newspaper advertising may increase the likelihood the ACDBE goal will be achieved and is strongly encouraged. Advertising alone is not sufficient to satisfy good faith efforts; however, advertising in conjunction with other efforts will be considered further evidence in support of a finding of good faith efforts; provided that such efforts are targeted to increasing participation by ACDBE firms.

3. ACDBE WORK CATEGORIES. Selecting portions of the work to be performed by ACDBE firms can increase the likelihood that the ACDBE goal will be achieved. This includes, where appropriate, breaking portions of the work into economically feasible units to facilitate ACDBE participation. The bidder shall detail specific categories made available to ACDBE firms and how ACDBE firms were solicited in each category below.

It is the bidder’s responsibility to make a portion of the work available to ACDBE firms and to select those portions of the work and/or supplies needs consistent with available ACDBE firms to facilitate ACDBE participation. The ability or desire of the bidder to perform the work with its own organization shall not relieve the bidder of responsibility to make good faith efforts.

Selecting portions of work where few or no ACDBE firms are available to perform the work, selecting categories that are not included in the Concession or limiting the categories of work to those that will not cumulatively result in achievement of the ACDBE goal raises the question of whether the bidder made good faith efforts.

4. QUALIFICATIONS. The bidder shall provide a list of ACDBE firms that the bidder deemed unqualified, if any, and an explanation for the conclusion reached. An ACDBE firm’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliations are not legitimate reasons for rejecting an ACDBE firm.

*Additional sheets may be added as necessary.

5. OTHER EFFORTS. The bidder should describe in detail any additional efforts or circumstances that may assist the County in determining good faith efforts such as utilizing the services of minority/women organizations, and/or other recruitment efforts.

*Additional sheets may be added as necessary.

6. EXPLANATION. The bidder shall provide a statement explaining why the ACDBE goal could not be achieved. Statements should be well reasoned, verifiable and supported by the documentation provided as a part of Schedule 3.

*Additional sheets may be added as necessary.

Revised per Amendment No. 2 to IFB PB 18-10

ACDBE CONTACT LOG

Bidder Name: __________________________________

Bidder Name: __________________________________