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5.Whether the Offeror/Contractor selected portions of the work to be performed by Small M/WBE firms in order to increase the likelihood of meeting the Small M/WBE goals (including, where appropriate, breaking down the contract into economically feasible subcontracts to facilitate Small M/WBE participation);

6.Whether the Offeror/Contractor provided interested Small M/WBE firms with adequate information about the plans, specifications, and scope of work and requirements of the contract;

7.Whether the Offeror/Contractor negotiated in good faith with Small M/WBE firms, not rejecting Small M/WBE firms as unqualified without sound reasons based on a thorough investigation of their capabilities;

8.Whether the Offeror/Contractor negotiated in good faith with interested Small M/WBE firms, using good business judgment, taking into consideration the Small M/WBE Subcontractor’s price quote and not rejecting reasonable quotes from interested Small M/WBE firms;

9.Whether the Offeror/Contractor made efforts to assist interested Small M/WBE firms in obtaining bonding, lines of credit, insurance, etc., as required by TCCD;

10.Whether the Offeror/Contractor made efforts to assist Small M/WBE firms in obtaining necessary equipment, supplies, materials, or related assistance or services;

11.Whether the Offeror/Contractor effectively used the services of ethnic chambers of commerce, available minority and women organizations; community organizations; contractor groups; local, state, and federal business assistance offices; and other organizations that provide assistance in identifying Small M/WBE firms;

12.Whether the Offeror/Contractor obtained written documentation from a potential Subcontractor or a bona fide surety company indicating that bonding was denied prior to the Small M/WBE being rejected as a potential Subcontractor for failing to obtain Offeror/Contractor–required bonding.  Documentation furnished by a surety company will be subject to verification by TCCD;

13.Whether the Offeror/Contractor has attained a sufficient level of Small M/WBE participation to meet the contract goal will also be taken into consideration in determining whether the Offeror/Contractor in question has made a good faith effort.

TCCD will review not only the different kinds of efforts made by the Offeror/Contractor but also the quantity and quality of those efforts.  Efforts that are merely pro forma are not good faith efforts to meet the goal (even if they are sincerely motivated).  If, given all relevant circumstances, the Offeror/Contractor efforts could not reasonably be expected to produce a level of Small M/WBE participation sufficient to meet the goal, the contracting officer will be responsible for determining the sufficiency of the Offeror/Contractor good faith efforts.

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