We will ensure that all good faith efforts documentation submitted by the bidder is complete and accurate and adequately documents the bidder's good faith efforts before we commit to the performance of the contract by the bidder.

Information to be submitted

SMAA treats bidders' compliance with good faith efforts requirements as a matter of responsiveness. Each solicitation for which a contract goal has been established will require all bidders to submit the following information at the time of bid:

1. The names and addresses of DBE firms that will participate in the contract;
2. A description of the work that each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal;
5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment and
6. If the contract goal is not met, fully documented evidence of Good Faith Efforts consistent with the guidance found in Appendix A to Part 26.

SMAA has developed the DBE Form Set attached as Exhibit 7 for purposes of collecting the above information.

Administrative reconsideration

Within seven business days of being informed by SMAA that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidder should make this request in writing to the following reconsideration official: Anita Eldridge, SVP Finance & Administration, 6000 Airport Circle, Sarasota, FL 34243, 941-359-2770 ext. 4235, anita.eldridge@srq-airport.com. The reconsideration official will not have played any role in the original determination that the bidder did not document sufficient good faith efforts.

As part of this reconsideration, the bidder 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 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 so. We will send the bidder 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 the Department of Transportation.

Good Faith Efforts when a DBE is replaced on a contract

SMAA 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. We will require the prime contractor to notify the DBE Liaison officer immediately and provide reasonable documentation of the DBE's inability or unwillingness to perform. In this situation, we will require the prime contractor to obtain our prior