Common use of Continuing Good Faith Efforts Clause in Contracts

Continuing Good Faith Efforts. The following is a list of the minimum types of continuing Good Faith Efforts Developer must make during the D&C Work and Capital Asset Replacement Work to help ensure that DBEs have optimal opportunity to successfully perform on the Project and that Developer meet the DBE Goals. These efforts shall include the following: 1. Contacting ADOT’s BECO to request assistance as needed to help identify certified DBEs, either by e-mail, or by telephone. Developer must document its contact with BECO, and indicate the type of contact, the date and time of the contact, the name of the person(s) contacted, and any details related to the communication. The telephone number for the BECO is (000) 000-0000 and the email address is xxxxxxxxxxxxxxxxxxxx@xxxxx.xxx. The contact must be made in sufficient time before the DBE is needed to allow BECO to provide effective assistance. Developer will not be considered to have made Good Faith Efforts if Developer fails to contact the BECO and communicate any difficulties in finding DBEs. 2. Conducting market research to identify small business Subcontractors and Suppliers and soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the relevant Work. This may include attending pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals at reasonable locations, including Developer’s website, written notices or emails to all DBEs listed in ADOT’s directory of transportation firms that specialize in areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the Project. Developer shall solicit this interest as early in the acquisition process as practicable to allow DBEs to respond to the solicitation and submit a timely offer for the Subcontract. Developer shall determine with certainty if DBEs are interested by taking appropriate steps to follow-up initial solicitations. 3. Selecting portions of the relevant Work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Project work items into economically feasible units (for example smaller tasks or quantities) to facilitate DBE participation, even when Developer might otherwise prefer to perform these Work items with its own forces. This may include, where possible, establishing flexible time frames for performance and delivery schedules in a manner that encourages and facilitates DBE participation. 4. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Project in a timely manner to assist them in responding to a solicitation with their offer for the Subcontract. 5. Negotiating in good faith with interested DBEs. It is Developer’s responsibility to make a portion of the relevant Work available to the DBE Subcontractors and Suppliers, and to select those portions of relevant Work or material needs consistent with the available DBE Subcontractors and Suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided from the plans and specifications for the relevant Work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform such Work. Pro forma mailings to DBEs requesting bids are not alone sufficient to constitute good faith negotiation. Developer using good business judgment would consider a number of factors in negotiating with Subcontractors, including DBE Subcontractors, and would take a firm’s price and capabilities as well as DBE Goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Developer’s failure to meet the DBE Goals, as long as such costs are reasonable. Also, the ability or desire of Developer to perform the Work with its own organization does not relieve Developer of the responsibility to make Good Faith Efforts. However, Developer is not required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Documentation, such as copies of all other bids or quotes, is subject to Section 14.0 of these DBE Special Provisions. 6. Avoiding rejection of the DBE because its quotation for the relevant Work was not the lowest received. However, nothing in this paragraph shall be construed to require Developer to accept unreasonable quotes in order to satisfy DBE Goals. Developer must submit to ADOT copies of each DBE and non-DBE Subcontractor quote submitted to Developer when a non-DBE Subcontractor was selected over a DBE for a Subcontract. ADOT shall have the right to review whether DBE prices were substantially higher and contact the DBEs listed on a Developer’s solicitation to inquire as to whether they were contacted by Developer. 7. Substantiating rejection of DBEs as being unqualified with sound reasons based on a thorough investigation of their capabilities. Developer’s or a DBE’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in Developer’s efforts to meet the DBE Goals. 8. Making efforts to assist interested DBEs such as formal or informal mentoring, assistance with obtaining bonding, lines of credit, or insurance as required by the Agreement or Developer. 9. Making efforts to assist interested DBEs in obtaining necessary equipment supplies, materials, or related assistance or services. 10. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. 11. Making efforts to identify firms that might potentially be certified as DBEs and assisting those firms with DBE certification and opportunities to submit bids or proposals to participate as Subcontractors, subconsultants, truckers, Suppliers and other service providers on the Project. 12. Making efforts to recruit and utilize non-engineering design and construction related DBE firms such as graphic design and printing, marketing, outreach, training, employment services and catering companies to help meet DBE Goals. If ADOT determines at any time during the term of the DBM Agreement, at its sole discretion, that Developer’s DBE utilization and Good Faith Efforts to meet the DBE goals during performance of the work are not consistent with its commitment to meet DBE Goals or make Good Faith Efforts to meet the DBE Goals as indicated in its Proposal, outlined in its DBE Utilization Plan or Monthly Progress Reports, ADOT will request that Developer submit, in writing, Good Faith Effort documentation and a corrective action plan to ADOT outlining how it plans to meet DBE Goals. Developer shall have fourteen (14) calendar days to submit this information to ADOT. Failure to respond shall result in progress payment being withheld until the requested information is provided to ADOT. Completion and submission of Good Faith Effort documentation and corrective action plan is not a guarantee that ADOT will approve Good Faith Efforts. ADOT will consider the quality, quantity, and intensity of the different kinds of efforts Developer has made and/or proposes to make. Mere pro forma efforts are not sufficient Good Faith Efforts to meet the DBE Goals and requirements.

Continuing Good Faith Efforts. The following is a list of the minimum types of continuing Good Faith Efforts Developer must make during the D&C Work and Capital Asset Replacement Work to help ensure that DBEs have optimal opportunity to successfully perform on the Project and that Developer meet the DBE Goals. These efforts shall include the following: 1. Contacting ADOT’s BECO to request assistance as needed to help identify certified DBEs, either by e-mail, or by telephone. Developer must document its contact with BECO, and indicate the type of contact, the date and time of the contact, the name of the person(s) contacted, and any details related to the communication. The telephone number for the BECO is (000) 000-0000 and the email address is xxxxxxxxxxxxxxxxxxxx@xxxxx.xxx. The contact must be made in sufficient time before the DBE is needed to allow BECO to provide effective assistance. Developer will not be considered to have made Good Faith Efforts if Developer fails to contact the BECO and communicate any difficulties in finding DBEs. 2. Conducting market research to identify small business Subcontractors and Suppliers and soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the relevant Work. This may include attending pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals at reasonable locations, including Developer’s website, written notices or emails to all DBEs listed in ADOT’s directory of transportation firms that specialize in areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the Project. Developer shall solicit this interest as early in the acquisition process as practicable to allow DBEs to respond to the solicitation and submit a timely offer for the Subcontract. Developer shall determine with certainty if DBEs are interested by taking appropriate steps to follow-up initial solicitations. 3. Selecting portions of the relevant Work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Project work items into economically feasible units (for example smaller tasks or quantities) to facilitate DBE participation, even when Developer might otherwise prefer to perform these Work items with its own forces. This may include, where possible, establishing flexible time frames for performance and delivery schedules in a manner that encourages and facilitates DBE participation. 4. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Project in a timely manner to assist them in responding to a solicitation with their offer for the Subcontract. 5. Negotiating in good faith with interested DBEs. It is Developer’s responsibility to make a portion of the relevant Work available to the DBE Subcontractors and Suppliers, and to select those portions of relevant Work or material needs consistent with the available DBE Subcontractors and Suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided from the plans and specifications for the relevant Work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform such Work. Pro forma mailings to DBEs requesting bids are not alone sufficient to constitute good faith negotiation. Developer using good business judgment would consider a number of factors in negotiating with Subcontractors, including DBE Subcontractors, and would take a firm’s price and capabilities as well as DBE Goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Developer’s failure to meet the DBE Goals, as long as such costs are reasonable. Also, the ability or desire of Developer to perform the Work with its own organization does not relieve Developer of the responsibility to make Good Faith Efforts. However, Developer is not required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Documentation, such as copies of all other bids or quotes, is subject to Section 14.0 of these DBE Special Provisions. 6. Avoiding rejection of the DBE because its quotation for the relevant Work was not the lowest received. However, nothing in this paragraph shall be construed to require Developer to accept unreasonable quotes in order to satisfy DBE Goals. Developer must submit to ADOT copies of each DBE and non-DBE Subcontractor quote submitted to Developer when a non-DBE Subcontractor was selected over a DBE for a Subcontract. ADOT shall have the right to review whether DBE prices were substantially higher and contact the DBEs listed on a Developer’s solicitation to inquire as to whether they were contacted by Developer. 7. Substantiating rejection of DBEs as being unqualified with sound reasons based on a thorough investigation of their capabilities. Developer’s or a DBE’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in Developer’s efforts to meet the DBE Goals. 8. Making efforts to assist interested DBEs such as formal or informal mentoring, assistance with obtaining bonding, lines of credit, or insurance as required by the Agreement or Developer. 9. Making efforts to assist interested DBEs in obtaining necessary equipment supplies, materials, or related assistance or services. 10. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. 11. Making efforts to identify firms that might potentially be certified as DBEs and assisting those firms with DBE certification and opportunities to submit bids or proposals to participate as Subcontractors, subconsultants, truckers, Suppliers and other service providers on the Project. 12. Making efforts to recruit and utilize non-engineering design and construction related DBE firms such as graphic design and printing, marketing, outreach, training, employment services and catering companies to help meet DBE Goals. If ADOT determines at any time during the term of the DBM Agreement, at its sole discretion, that Developer’s DBE utilization and Good Faith Efforts to meet the DBE goals during performance of the work are not consistent with its commitment to meet DBE Goals or make Good Faith Efforts to meet the DBE Goals as indicated in its Proposal, outlined in its DBE Utilization Plan or Monthly Progress Reportsmonthly reports required pursuant to Section 18.01 of these DBE Special Provisions, ADOT will request that Developer submit, in writing, Good Faith Effort documentation and a corrective action plan to ADOT outlining how it plans to meet DBE Goals. Developer shall have fourteen (14) calendar days to submit this information to ADOT. Failure to respond shall result in progress payment being withheld until the requested information is provided to ADOT. Completion and submission of Good Faith Effort documentation and corrective action plan is not a guarantee that ADOT will approve Good Faith Efforts. ADOT will consider the quality, quantity, and intensity of the different kinds of efforts Developer has made and/or proposes to make. Mere pro forma efforts are not sufficient Good Faith Efforts to meet the DBE Goals and requirements.fourteen

Continuing Good Faith Efforts. The following is a list of the minimum types of continuing Good Faith Efforts Developer must make during the D&C Work and Capital Asset Replacement Work to help ensure that DBEs have optimal opportunity to successfully perform on the Project and that Developer meet the DBE Goals. These efforts shall include the following: 1. Contacting ADOT’s BECO to request assistance as needed to help identify certified DBEs, either by e-mail, or by telephone. Developer must document its contact with BECO, and indicate the type of contact, the date and time of the contact, the name of the person(s) contacted, and any details related to the communication. The telephone number for the BECO is (000) 000-0000 and the email address is xxxxxxxxxxxxxxxxxxxx@xxxxx.xxx. The contact must be made in sufficient time before the DBE is needed to allow BECO to provide effective assistance. Developer will not be considered to have made Good Faith Efforts if Developer fails to contact the BECO and communicate any difficulties in finding DBEs. 2. Conducting market research to identify small business Subcontractors and Suppliers and soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the relevant Work. This may include attending pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals at reasonable locations, including Developer’s website, written notices or emails to all DBEs listed in ADOT’s directory of transportation firms that specialize in areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the Project. Developer shall solicit this interest as early in the acquisition process as practicable to allow DBEs to respond to the solicitation and submit a timely offer for the Subcontract. Developer shall determine with certainty if DBEs are interested by taking appropriate steps to follow-up initial solicitations. 3. Selecting portions of the relevant Work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Project work items into economically feasible units (for example smaller tasks or quantities) to facilitate DBE participation, even when Developer might otherwise prefer to perform these Work items with its own forces. This may include, where possible, establishing flexible time frames for performance and delivery schedules in a manner that encourages and facilitates DBE participation. 4. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Project in a timely manner to assist them in responding to a solicitation with their offer for the Subcontract. 5. Negotiating in good faith with interested DBEs. It is Developer’s responsibility to make a portion of the relevant Work available to the DBE Subcontractors and Suppliers, and to select those portions of relevant Work or material needs consistent with the available DBE Subcontractors and Suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided from the plans and specifications for the relevant Work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform such Work. Pro forma mailings to DBEs requesting bids are not alone sufficient to constitute good faith negotiation. Developer using good business judgment would consider a number of factors in negotiating with Subcontractors, including DBE Subcontractors, and would take a firm’s price and capabilities as well as DBE Goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Developer’s failure to meet the DBE Goals, as long as such costs are reasonable. Also, the ability or desire of Developer to perform the Work with its own organization does not relieve Developer of the responsibility to make Good Faith Efforts. However, Developer is not required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Documentation, such as copies of all other bids or quotes, is subject to Section 14.0 of these DBE Special Provisions. 6. Avoiding rejection of the DBE because its quotation for the relevant Work was not the lowest received. However, nothing in this paragraph shall be construed to require Developer to accept unreasonable quotes in order to satisfy DBE Goals. Developer must submit to ADOT copies of each DBE and non-DBE Subcontractor quote submitted to Developer when a non-DBE Subcontractor was selected over a DBE for a Subcontract. ADOT shall have the right to review whether DBE prices were substantially higher and contact the DBEs listed on a Developer’s solicitation to inquire as to whether they were contacted by Developer. 7. Substantiating rejection of DBEs as being unqualified with sound reasons based on a thorough investigation of their capabilities. Developer’s or a DBE’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in Developer’s efforts to meet the DBE Goals. 8. Making efforts to assist interested DBEs such as formal or informal mentoring, assistance with obtaining bonding, lines of credit, or insurance as required by the Agreement or Developer. 9. Making efforts to assist interested DBEs in obtaining necessary equipment supplies, materials, or related assistance or services. 10. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. 11. Making efforts to identify firms that might potentially be certified as DBEs and assisting those firms with DBE certification and opportunities to submit bids or proposals to participate as Subcontractors, subconsultants, truckers, Suppliers and other service providers on the Project. 12. Making efforts to recruit and utilize non-engineering design and construction related DBE firms such as graphic design and printing, marketing, outreach, training, employment services and catering companies to help meet DBE Goals. If ADOT determines at any time during the term of the DBM Agreement, at its sole discretion, that Developer’s DBE utilization and Good Faith Efforts to meet the DBE goals during performance of the work are not consistent with its commitment to meet DBE Goals or make Good Faith Efforts to meet the DBE Goals as indicated in its Proposal, outlined in its DBE Utilization Plan or Monthly Progress Reportsmonthly reports required pursuant to Section 18.01 of these DBE Special Provisions, ADOT will request that Developer submit, in writing, Good Faith Effort documentation and a corrective action plan to ADOT outlining how it plans to meet DBE Goals. Developer shall have fourteen (14) calendar days to submit this information to ADOT. Failure to respond shall result in progress payment being withheld until the requested information is provided to ADOT. Completion and submission of Good Faith Effort documentation and corrective action plan is not a guarantee that ADOT will approve Good Faith Efforts. ADOT will consider the quality, quantity, and intensity of the different kinds of efforts Developer has made and/or proposes to make. Mere pro forma efforts are not sufficient Good Faith Efforts to meet the DBE Goals and requirements.

Continuing Good Faith Efforts. The following is a list of the minimum types of continuing Good Faith Efforts Developer must make during the D&C Work and Capital Asset Replacement Work to help ensure that DBEs have optimal opportunity to successfully perform on the Project and that Developer meet the DBE Goals. These efforts shall include the following: 1. Contacting ADOT’s BECO to request assistance as needed to help identify certified DBEs, either by e-mail, or by telephone. Developer must document its contact with BECO, and indicate the type of contact, the date and time of the contact, the name of the person(s) contacted, and any details related to the communication. The telephone number for the BECO is (000) 000-0000 and the email address is xxxxxxxxxxxxxxxxxxxx@xxxxx.xxx. The contact must be made in sufficient time before the DBE is needed to allow BECO to provide effective assistance. Developer will not be considered to have made Good Faith Efforts if Developer fails to contact the BECO and communicate any difficulties in finding DBEs. 2. Conducting market research to identify small business Subcontractors and Suppliers and soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the relevant Work. This may include attending pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals at reasonable locations, including Developer’s website, written notices or emails to all DBEs listed in ADOT’s directory of transportation firms that specialize in areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the Project. Developer shall solicit this interest as early in the acquisition process as practicable to allow DBEs to respond to the solicitation and submit a timely offer for the Subcontract. Developer shall determine with certainty if DBEs are interested by taking appropriate steps to follow-up initial solicitations. 3. Selecting portions of the relevant Work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Project work items into economically feasible units (for example smaller tasks or quantities) to facilitate DBE participation, even when Developer might otherwise prefer to perform these Work items with its own forces. This may include, where possible, establishing flexible time frames for performance and delivery schedules in a manner that encourages and facilitates DBE participation. 4. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Project in a timely manner to assist them in responding to a solicitation with their offer for the Subcontract. 5. Negotiating in good faith with interested DBEs. It is Developer’s responsibility to make a portion of the relevant Work available to the DBE Subcontractors and Suppliers, and to select those portions of relevant Work or material needs consistent with the available DBE Subcontractors and Suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided from the plans and specifications for the relevant Work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform such Work. Pro forma mailings to DBEs requesting bids are not alone sufficient to constitute good faith negotiation. Developer using good business judgment would consider a number of factors in negotiating with Subcontractors, including DBE Subcontractors, and would take a firm’s price and capabilities as well as DBE Goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Developer’s failure to meet the DBE Goals, as long as such costs are reasonable. Also, the ability or desire of Developer to perform the Work with its own organization does not relieve Developer of the responsibility to make Good Faith Efforts. However, Developer is not required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Documentation, such as copies of all other bids or quotes, is subject to Section 14.0 of these DBE Special Provisions. 6. Avoiding rejection of the DBE because its quotation for the relevant Work was not the lowest received. However, nothing in this paragraph shall be construed to require Developer to accept unreasonable quotes in order to satisfy DBE Goals. Developer must submit to ADOT copies of each DBE and non-DBE Subcontractor quote submitted to Developer when a non-DBE Subcontractor was selected over a DBE for a Subcontract. ADOT shall have the right to review whether DBE prices were substantially higher and contact the DBEs listed on a Developer’s solicitation to inquire as to whether they were contacted by DeveloperXxxxxxxxx. 7. Substantiating rejection of DBEs as being unqualified with sound reasons based on a thorough investigation of their capabilities. Developer’s or a DBE’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in Developer’s efforts to meet the DBE Goals. 8. Making efforts to assist interested DBEs such as formal or informal mentoring, assistance with obtaining bonding, lines of credit, or insurance as required by the Agreement or Developer. 9. Making efforts to assist interested DBEs in obtaining necessary equipment supplies, materials, or related assistance or services. 10. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. 11. Making efforts to identify firms that might potentially be certified as DBEs and assisting those firms with DBE certification and opportunities to submit bids or proposals to participate as Subcontractors, subconsultants, truckers, Suppliers and other service providers on the Project. 12. Making efforts to recruit and utilize non-engineering design and construction related DBE firms such as graphic design and printing, marketing, outreach, training, employment services and catering companies to help meet DBE Goals. If ADOT determines at any time during the term of the DBM Agreement, at its sole discretion, that Developer’s DBE utilization and Good Faith Efforts to meet the DBE goals during performance of the work are not consistent with its commitment to meet DBE Goals or make Good Faith Efforts to meet the DBE Goals as indicated in its Proposal, outlined in its DBE Utilization Plan or Monthly Progress Reportsmonthly reports required pursuant to Section 18.01 of these DBE Special Provisions, ADOT will request that Developer submit, in writing, Good Faith Effort documentation and a corrective action plan to ADOT outlining how it plans to meet DBE Goals. Developer shall have fourteen (14) calendar days to submit this information to ADOT. Failure to respond shall result in progress payment being withheld until the requested information is provided to ADOT. Completion and submission of Good Faith Effort documentation and corrective action plan is not a guarantee that ADOT will approve Good Faith Efforts. ADOT will consider the quality, quantity, and intensity of the different kinds of efforts Developer has made and/or proposes to make. Mere pro forma efforts are not sufficient Good Faith Efforts to meet the DBE Goals and requirements.fourteen

Continuing Good Faith Efforts. The following is a list of the minimum types of continuing Good Faith Efforts Developer must make during the D&C Work and Capital Asset Replacement Work to help ensure that DBEs have optimal opportunity to successfully perform on the Project and that Developer meet the DBE Goals. These efforts shall include the following: 1. Contacting ADOT’s BECO to request assistance as needed to help identify certified DBEs, either by e-mail, or by telephone. Developer must document its contact with BECO, and indicate the type of contact, the date and time of the contact, the name of the person(s) contacted, and any details related to the communication. The telephone number for the BECO is (000) 000-0000 and the email address is xxxxxxxxxxxxxxxxxxxx@xxxxx.xxx. The contact must be made in sufficient time before the DBE is needed to allow BECO to provide effective assistance. Developer will not be considered to have made Good Faith Efforts if Developer fails to contact the BECO and communicate any difficulties in finding DBEs. 2. Conducting market research to identify small business Subcontractors and Suppliers and soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the relevant Work. This may include attending pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals at reasonable locations, including Developer’s website, written notices or emails to all DBEs listed in ADOT’s directory of transportation firms that specialize in areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the Project. Developer shall solicit this interest as early in the acquisition process as practicable to allow DBEs to respond to the solicitation and submit a timely offer for the Subcontract. Developer shall determine with certainty if DBEs are interested by taking appropriate steps to follow-up initial solicitations. 3. Selecting portions of the relevant Work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Project work items into economically feasible units (for example smaller tasks or quantities) to facilitate DBE participation, even when Developer might otherwise prefer to perform these Work items with its own forces. This may include, where possible, establishing flexible time frames for performance and delivery schedules in a manner that encourages and facilitates DBE participation. 4. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Project in a timely manner to assist them in responding to a solicitation with their offer for the Subcontract. 5. Negotiating in good faith with interested DBEs. It is Developer’s responsibility to make a portion of the relevant Work available to the DBE Subcontractors and Suppliers, and to select those portions of relevant Work or material needs consistent with the available DBE Subcontractors and Suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided from the plans and specifications for the relevant Work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform such Work. Pro forma mailings to DBEs requesting bids are not alone sufficient to constitute good faith negotiation. Developer using good business judgment would consider a number of factors in negotiating with Subcontractors, including DBE Subcontractors, and would take a firm’s price and capabilities as well as DBE Goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Developer’s failure to meet the DBE Goals, as long as such costs are reasonable. Also, the ability or desire of Developer to perform the Work with its own organization does not relieve Developer of the responsibility to make Good Faith Efforts. However, Developer is not required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Documentation, such as copies of all other bids or quotes, is subject to Section 14.0 of these DBE Special Provisions. 6. Avoiding rejection of the DBE because its quotation for the relevant Work was not the lowest received. However, nothing in this paragraph shall be construed to require Developer to accept unreasonable quotes in order to satisfy DBE Goals. Developer must submit to ADOT copies of each DBE and non-DBE Subcontractor quote submitted to Developer when a non-DBE Subcontractor was selected over a DBE for a Subcontract. ADOT shall have the right to review whether DBE prices were substantially higher and contact the DBEs listed on a Developer’s solicitation to inquire as to whether they were contacted by Developer. 7. Substantiating rejection of DBEs as being unqualified with sound reasons based on a thorough investigation of their capabilities. Developer’s or a DBE’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in Developer’s efforts to meet the DBE Goals. 8. Making efforts to assist interested DBEs such as formal or informal mentoring, assistance with obtaining bonding, lines of credit, or insurance as required by the Agreement or Developer. 9. Making efforts to assist interested DBEs in obtaining necessary equipment supplies, materials, or related assistance or services. 10. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. 11. Making efforts to identify firms that might potentially be certified as DBEs and assisting those firms with DBE certification and opportunities to submit bids or proposals to participate as Subcontractors, subconsultants, truckers, Suppliers and other service providers on the Project. 12. Making efforts to recruit and utilize non-engineering design and construction related DBE firms such as graphic design and printing, marketing, outreach, training, employment services and catering companies to help meet DBE Goals. If ADOT determines at any time during the term of the DBM Agreement, at its sole discretion, that Developer’s DBE utilization and Good Faith Efforts to meet the DBE goals during performance of the work are not consistent with its commitment to meet DBE Goals or make Good Faith Efforts to meet the DBE Goals as indicated in its Proposal, outlined in its DBE Utilization Plan or Monthly Progress Reportsmonthly reports required pursuant to Section 18.01 of these DBE Special Provisions, ADOT will request that Developer submit, in writing, Good Faith Effort documentation and a corrective action plan to ADOT outlining how it plans to meet DBE Goals. Developer shall have fourteen (14) calendar days to submit this information to ADOT. Failure to respond shall result in progress payment being withheld until the requested information is provided to ADOT. Completion and submission of Good Faith Effort documentation and corrective action plan is not a guarantee that ADOT will approve Good Faith Efforts. ADOT will consider the quality, quantity, and intensity of the different kinds of efforts Developer has made and/or proposes to make. Mere pro forma efforts are not sufficient Good Faith Efforts to meet the DBE Goals and requirements.