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b.The Offeror must submit the Subcontractor Utilization Form and/or Good Faith Effort Form and/or Joint Venture Form, and appropriate documentation.  The Offeror must obtain a receipt from the appropriate employee of the Managing Department where delivery was made.  Such receipt will be evidence that TCCD received the documentation.  The submission of the applicable completed form(s) submitted within the allotted time will be considered when determining the responsiveness of the bid.  Failure to comply with the bid specifications, inclusive of Small M/WBE requirements and documentation, will render Offeror as nonresponsive.

c.The good faith effort documentation will demonstrate the Offeror’s commitment and honest

efforts to utilize Small M/WBE firms.  The burden of preparing and submitting the good faith effort information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal.  An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted will be classified as nonresponsive and subject to debarment, and/or exclusion from future contract consideration.

B.  BEST VALUE CRITERIA for TCCD Small M/WBE PROGRAM

TCCD will implement procedures for construction and purchase of goods and services under the formal bid amount to emphasize the inclusion of Small M/WBE firms.

C.  DEMONSTRATION OF GOOD FAITH EFFORTS

In making a determination that the Offeror/Contractor has made a good faith effort to meet the Small M/WBE percentage as determined by TCCD, TCCD will consider, among other things, the criteria set forth below.  The Offeror/Contractor will furnish, as a part of its Small M/WBE utilization information, specific documentation concerning the steps it has taken to obtain Small M/WBE participation, with a consideration of, by way of illustration and not limitation, the following factors:

1.

Whether the Offeror/Contractor attended any pre-bid or pre-proposal meetings scheduled by TCCD to discuss Small M/WBE participation opportunities;

2.Whether the Offeror/Contractor advertised in general circulation, trade association, and or Small M/WBE–focused media concerning subcontracting opportunities;

3.Whether the Offeror/Contractor provided written notice to a reasonable number of Small M/WBE firms that their interest in the contracts was being solicited in sufficient time to allow Small M/WBE firms to participate effectively;

4.Whether the Offeror/Contractor followed up with initial solicitations of interest by contracting the Small M/WBE firm to determine with certainty whether the Small M/WBE firm was interested;

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