§ 58.415. Good faith efforts waiver.
(a) If a bidder or offeror believes they will be unable to achieve the contract-specific goal, they may in all instances request a full or partial good faith efforts waiver from the contract-specific goal. A request for a good faith efforts waiver may include all of the following supporting documentation as set forth in the good faith efforts documentation to support the waiver request:
(1) A detailed statement of the efforts made to select portions of the work proposed to be performed by SDBs or VBEs as applicable to increase the likelihood of achieving the stated goals.
(2) A detailed statement of the efforts made to contact and negotiate with SDBs or VBEs as applicable, including all of the following:
(i) The names, addresses, dates, telephone numbers and classification of SDBs or VBEs as applicable that were contacted.
(ii) A copy of the information provided to SDBs or VBEs as applicable regarding the plans, specifications and anticipated time schedule for portions of the work to be performed.
(3) As to each SDB or VBE as applicable that placed a subcontract quotation or offer that the bidder or offeror considers not to be acceptable, a detailed statement of the reasons for this conclusion with supporting documentation.
(4) A list of SDBs or VBEs as applicable found to be unavailable, which shall be accompanied by an unavailability verification form signed by the SDB or the VBE as applicable, or a statement from the bidder or offeror that the SDB or the VBE as applicable refused or failed to give the written verification.
(5) The record of the bidder’s or offeror’s compliance with the outreach efforts as set forth within the solicitation documentation.
(b) A good faith efforts waiver of a contract-specific goal may be granted only upon a reasonable demonstration by a bidder or offeror that the contract-specific goal was unable to be achieved, or was unable to be achieved at a reasonable price, and if the head of the issuing agency or their designee based on the recommendation of the BDISBO determines that the public interest is served by a good faith efforts waiver. In making a determination under this section, the head of the issuing agency or their designee and the BDISBO may consider engineering estimates, catalogue prices, general market availability and availability of SDBs or VBEs as applicable in the area in which the work is to be performed, other bids or offers and subcontract bids or offers substantiating significant variances between an SDB and a non-SDB or a VBE and a non-VBE as applicable to the cost of participation and their impact on the overall cost of the contract to the Commonwealth, and any other relevant factor. The issuing agency shall provide written notice of the denial of a good faith efforts waiver request with a copy provided to the BDISBO.
(c) A bidder or offeror’s failure to meet the contract-specific goal in full and their failure to demonstrate that they made good faith efforts to meet any unmet portion of the contract-specific goal will result in a determination that the bid or proposal is not responsive.
(d) The good faith efforts waiver request including any supporting documentation, the good faith efforts waiver determination and the reasons for the determination shall be maintained in the official contract file.
Cross References This section cited in 4 Pa. Code § 58.412 (relating to small diverse business program); 4 Pa. Code § 58.413 (relating to construction and design professional services program); and 4 Pa. Code § 58.414 (relating to veteran business enterprise program).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
