Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 assistance was offered the LBEs and SLBEs; and the reason that the bid was rejected. Prime Contractors will attach all letters and other documents relating to their efforts to comply with the Good Faith Effort requirements to solicit LBE and SLBE Participation. The Authority recognizes that a bidder using good business judgment would consider a number of factors in negotiating with Subcontractors, including LBEs and SLBEs, and would take a firm's price and capabilities as well as the Contract Goal into consideration. However, the fact that there may be some additional costs involved in finding and using LBEs and SLBEs is not in itself sufficient reason for a bidder's failure to meet the LBE and SLBE Goals, as long as such costs are reasonable. Also, the ability or desire of a Prime Contractor to perform the work of a Contract with its own organization does not relieve the bidder of the responsibility to make Good Faith Efforts. Prime Contractors are not, however, required to accept higher quotes from LBEs and SLBEs if the price difference is excessive or unreasonable. B. Good Faith Effort Review. If a bidder has not met the goals for LBE and SLBE Participation, the Sponsoring Agency shall investigate whether the Prime Contractor made a Good Faith Effort to meet the LBE and SLBE Goals and shall recommend to the Authority's Board whether the Bid should be accepted or rejected. In its investigation, the Sponsoring Agency may contact the LBEs and SLBEs listed on the Good Faith Effort Report to verify the information provided by the bidder. The bidder will also provide further documentation regarding its efforts to attain LBE and SLBE Participation as requested by the Authority or Sponsoring Agency. Whenever the Authority or Sponsoring Agency recommends rejection of a Bid that has not met the LBE or SLBE Goals, the Prime Contractor may appeal the rejection of its Bid to the Good Faith Effort Review Committee ( "Committee ") assembled for this purpose by the Authority. The Prime Contractor must notify the Authority of its intent to appeal within three (3) days of the Authority's decision to reject the Prime Contractor's Bid. The Committee will review the Authority or Sponsoring Agency's decision to award a Contract based on Good Faith Effort when the LBE and /or SLBE Goals are not met. The Committee shall consist of three (3) members appointed by the Authority and shall include an Authority staff member, an Authority Board representative, and a representative of the respective Sponsoring Agency, if any. The Committee shall hold a hearing in Alameda County. All Subcontractors listed on the Good Faith Report will be given notice of the hearing at least ten (10) days before it takes place. The Committee will review evidence at the hearing to determine whether the Prime Contractor made a Good Faith Effort to meet the LBE and SLBE Goals. The Committee shall review and keep confidential any information revealing a Prime Contractor's proprietary interests and shall exclude the public from the hearing for that limited purpose. The Committee shall give the bidders and Subcontractors participating in bids on the project an opportunity to present evidence relating to the Prince Contractor's Good Faith Effort to meet the LBE and SLBE Goals. The Committee's decision on the Prime Contractor's Good Faith Effort shall be final. The Authority or Sponsoring Agency will rely on the decision of the Committee, and the Authority will hold the Sponsoring Agency harmless for implementing the decision of the Committee. Alameda County Transportation Improvement Authority Page E -12 Local Business Enterprise and Small Local Business Enterprise Program