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• DRAFT 9/5/00 Demonstration of good faith efforts The obligation of the bidder /offeror is to make good faith efforts. The bidder /offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26, Attachment B. • The following personnel are responsible for determining whether a bidder /offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: Tara Peterson, Administrative Assistant, Engineering and Transportation Department, City of San Leandro. We will ensure that all information is complete and accurate and adequately documents the bidder /offeror's good faith efforts before we commit to the performance of the contract by the bidder /offeror. Administrative reconsideration Within 10 days of being informed by the City of San Leandro that it is not responsive because it has not documented sufficient good faith efforts. a bidder /offeror may request administrative reconsideration. Bidder /offerors should make this request in writing to the following reconsideration official: Tim Hansen, Director of Finance, City of San Leandro, 835 E. 14th Street, San Leandro, CA 94577, thansen @ci.san- leandro.ca.us. The reconsideration official will not have played any role in the original determination that the bidder /offeror did not make document sufficient good faith efforts. As part of this reconsideration, the bidder /offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder /offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. We will send the bidder /offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to Caltrans or the FHWA. Good Faith Efforts when a DBE is replaced on a contract We will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. We will require the prime contractor to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation. we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts. or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply. the contracting officer may issue a termination for default proceeding. Page 8 of 9