Common use of Actions Required If There is a Reduction in MBE/WBE Participation Clause in Contracts

Actions Required If There is a Reduction in MBE/WBE Participation. A. In the event there is a change or reduction in any MBE/WBE Services which will result in CONTRACTOR failing to meet the MBE/WBE participation goal(s) for this Contract, other than a reduction in MBE/WBE Services resulting from a Change Order initiated by DCAMM, then CONTRACTOR shall immediately undertake a diligent, good faith effort to make up the shortfall in MBE/WBE participation as follows: (1) CONTRACTOR shall identify all items of the Services remaining to be performed under the Contract that may be made available for subcontracting to MBE/WBEs. CONTRACTOR shall send a list of such items of work to DCAMM, together with a list of the remaining items of the Work that was not made available to MBE/WBEs and the reason for not making such work available for subcontracting to MBE/WBEs. (2) CONTRACTOR shall send written notices soliciting proposals to perform the items of the Work that may be made available for subcontracting to MBE/WBEs to all MBE/WBEs qualified to perform such work. CONTRACTOR shall advise DCAMM of (i) each MBE/WBE solicited, and (ii) each MBE/WBE listed in the SDO directory under the applicable trade category who was not solicited and the reasons therefor. CONTRACTOR shall also advise DCAMM of the dates notices were mailed and provide a copy of the written notice(s) sent. (3) CONTRACTOR shall make reasonable efforts to follow up the written notices sent to MBE/WBEs with telephone calls or personal visits in order to determine with certainty whether the MBE/WBEs were interested in performing the work. Phone logs or other documentation must be submitted to DCAMM evidencing this effort. (4) CONTRACTOR shall make reasonable efforts to assist MBE/WBEs that need assistance in obtaining insurance, bonds, or lines of credit in order to perform work under the Contract, and shall provide DCAMM with evidence that such efforts were made. (5) CONTRACTOR shall provide DCAMM with a statement of the response received from each MBE/WBE solicited, including the reason for rejecting any MBE/WBE who submitted a proposal. (6) CONTRACTOR shall take any additional measures reasonably requested by DCAMM to meet the MBE/WBE participation goal(s) established for this Contract, including, without limitation, placing advertisements in appropriate media and trade association publications announcing CONTRACTOR's interest in obtaining proposals from MBE/WBEs, and/or sending written notification to MBE/WBE economic development assistance agencies, trade groups and other organizations notifying them of the project and of the work available to be subcontracted by CONTRACTOR to MBE/WBEs. B. If CONTRACTOR is unable to meet the MBE/WBE participation goals for this Contract after complying fully with each of the requirements of paragraph “A” above, and CONTRACTOR is otherwise in full compliance with the terms of this Article, DCAMM may reduce the MBE/WBE participation goals for this Contract to the extent that such goals cannot be achieved.

Actions Required If There is a Reduction in MBE/WBE Participation. A. a. In the event there is a change or reduction in any MBE/WBE Services Work which will result in CONTRACTOR the Designer failing to meet the MBE/WBE participation goal(s) for this Contract, other than a reduction in MBE/WBE Services Work resulting from a Change Order initiated change in the Contract work ordered by DCAMM, then CONTRACTOR the Designer shall immediately undertake make a diligent, good faith effort to make up the shortfall in MBE/WBE participation as follows: (1) CONTRACTOR i. The Designer shall identify all items of the Services work remaining to be performed under the Contract that may be made available for subcontracting to MBE/WBEs. CONTRACTOR WBEs and shall send a list of such items of work to DCAMM, together with DCAMM for its approval. The Designer shall also send DCAMM a list of the remaining items of the Work contract work that was may not made available to MBE/WBEs in the Designer’s opinion, and a statement of the reason for why each such item of work may not making such work be made available for subcontracting to MBE/WBEs. (2) CONTRACTOR ii. The Designer shall send written notices soliciting proposals to perform the items of the Work work that may be made available for subcontracting to MBE/WBEs to all MBE/WBEs qualified to perform such work. CONTRACTOR The Designer shall advise DCAMM of (iI) each MBE/WBE solicited, and (iiII) each MBE/WBE listed in the SDO directory under the applicable trade professional category who was not solicited and the reasons therefor. CONTRACTOR The Designer shall also advise DCAMM of the dates that notices were mailed and provide a copy of the written notice(s) sent. (3) CONTRACTOR iii. The Designer shall make reasonable efforts to follow up the written notices sent to MBE/WBEs with telephone calls or personal visits in order to determine with certainty whether the MBE/WBEs were interested in performing the work. Phone logs or other documentation must be submitted to DCAMM evidencing this effort. (4) CONTRACTOR iv. The Designer shall make reasonable efforts to assist MBE/WBEs that need assistance in obtaining insurance, bonds, insurance or lines of credit in order to perform work under the Contract, and shall provide DCAMM with evidence that such efforts were made. (5) CONTRACTOR v. The Designer shall provide DCAMM with a statement of the response received from each MBE/WBE solicited, including the reason for rejecting any MBE/WBE who submitted a proposal. (6) CONTRACTOR vi. The Designer shall take any additional measures reasonably requested by DCAMM to meet the MBE/WBE participation goal(s) established for this Contract, including, without limitation, placing advertisements . vii. The Designer shall submit to DCAMM all information or documentation that is necessary in appropriate media and trade association publications announcing CONTRACTOR's interest in obtaining proposals from MBE/WBEs, and/or sending written notification the judgment of DCAMM to MBE/WBE economic development assistance agencies, trade groups and other organizations notifying them ascertain whether or not the Designer has complied with any of the project and of the work available to be subcontracted by CONTRACTOR to MBE/WBEs. B. If CONTRACTOR is unable to meet the MBE/WBE participation goals for this Contract after complying fully with each of the requirements of paragraph “A” above, and CONTRACTOR is otherwise in full compliance with the terms provisions of this Article, DCAMM may reduce the MBE/WBE participation goals for this Contract to the extent that such goals cannot be achieved.