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