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• • FINAL 11/8/00 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. FHWA or the DOT. 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. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required 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. XVIII Counting DBE Participation (26.55) We will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor. subcontractor. joint venture partner with prime or subcontractor. or vendor of material or supplies. XIX Certification ( §25.33(a)) The City of San Leandro ensures that only DBE firms currently certified on Caltrans' directory will participate as DBEs in our program. XX Information Collection and Reporting Bidders List The City of San Leandro will create and maintain a bidders list. consisting of information about all DBE and non -DBE firms that bid or quote on DOT - assisted contracts. The bidders list will include the name. address. DBE /non -DBE status. age, and annual gross receipts of firms. Monitoring Payments to DBEs Prime contractors will be required to maintain records and documents of payments to DBEs for three year following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of San Leandro. Caltrans or FHWA. This reporting requirement also extends to any certified DBE subcontractor. \l' will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. • F'aue 10 of 1 I