Common use of Good Faith Documentation Clause in Contracts

Good Faith Documentation. If the 50% SBE Participation Goals are not met in each category (Construction, Professional Services and Suppliers), the Agency-Assisted Contractor or Contractor(s) shall meet and confer with the Agency at a date and time set by the Agency. If the issue of the Agency-Assisted Contractor’s or Contractor’s good faith efforts is not resolved at this meeting, the Agency-Assisted Contractor or Contractor shall submit to the Agency within five (5) days, a declaration under penalty of perjury containing the following documentation with respect to the good faith efforts (“Submission”): 1. A report showing the responses, rejections, proposals and bids (including the amount of the bid) received from SBEs, including the date each response, proposal or bid was received. This report shall indicate the action taken by the Agency-Assisted Contractor or Contractor(s) in response to each proposal or bid received from SBEs, including the reasons(s) for any rejections. 2. A report showing the date that the bid was received, the amount bid by and the amount to be paid (if different) to the non-SBE contractor that was selected. If the non-SBE contractor who was selected submitted more than one bid, the amount of each bid and the date that each bid was received shall be shown in the report. If the bidder asserts that there were reasons other than the respective amounts bid for not awarding the contract to an SBE, the report shall also contain an explanation of these reasons. 3. Documentation of advertising for and contacts with SBEs, contractor associations or development centers, or any other agency which disseminates bid and contract information to small business enterprises. 4. Copies of initial and follow-up correspondence with SBEs, contractor associations and other agencies, which assist SBEs. 5. A description of the assistance provided SBE firms relative to obtaining and explaining plans, specifications and contract requirements. 6. A description of the assistance provided to SBEs with respect to bonding, lines of credit, etc. 7. A description of efforts to negotiate or a statement of the reasons for not negotiating with SBEs. 8. A description of any divisions of work undertaken to facilitate SBE participation. 9. Documentation of efforts undertaken to encourage subcontractors to obtain small business enterprise participation at a lower tier. 10. A report which shows for each private project and each public project (without a SBE program) undertaken by the bidder in the preceding 12 months, the total dollar amount of the contract and the percentage of the contract dollars awarded to SBEs and the percentage of contract dollars awarded to non-SBEs. 11. Documentation of any other efforts undertaken to encourage participation by small business enterprises.

Good Faith Documentation. If the 50% SBE Participation Goals are not met in each category (Construction, Professional Services and Suppliers), the Agency-Assisted Contractor or Contractor(s) shall meet and confer with the Agency at a date and time set by the Agency. If the issue of the Agency-Assisted Contractor’s or Contractor’s good faith efforts is not resolved at this meeting, the Agency-Assisted Contractor or Contractor shall submit to the Agency within five (5) days, a declaration under penalty of perjury containing the following documentation with respect to the good faith efforts (“Submission”): 1. A report showing the responses, rejections, proposals and bids (including the amount of the bid) received from SBEs, including the date each response, proposal or bid was received. This report shall indicate the action taken by the Agency-Assisted Contractor or Contractor(s) in response to each proposal or bid received from SBEs, including the reasons(s) for any rejections. 2. A report showing the date that the bid was received, the amount bid by and the amount to be paid (if different) to the non-SBE contractor that was selected. If the non-non- SBE contractor who was selected submitted more than one bid, the amount of each bid and the date that each bid was received shall be shown in the report. If the bidder asserts that there were reasons other than the respective amounts bid for not awarding the contract to an SBE, the report shall also contain an explanation of these reasons. 3. Documentation of advertising for and contacts with SBEs, contractor associations or development centers, or any other agency which disseminates bid and contract information to small business enterprises. 4. Copies of initial and follow-up correspondence with SBEs, contractor associations and other agencies, which assist SBEs. 5. A description of the assistance provided SBE firms relative to obtaining and explaining plans, specifications and contract requirements. 6. A description of the assistance provided to SBEs with respect to bonding, lines of credit, etc. 7. A description of efforts to negotiate or a statement of the reasons for not negotiating with SBEs. 8. A description of any divisions of work undertaken to facilitate SBE participation. 9. Documentation of efforts undertaken to encourage subcontractors to obtain small business enterprise participation at a lower tier. 10. A report which shows for each private project and each public project (without a SBE program) undertaken by the bidder in the preceding 12 months, the total dollar amount of the contract and the percentage of the contract dollars awarded to SBEs and the percentage of contract dollars awarded to non-SBEs. 11. Documentation of any other efforts undertaken to encourage participation by small business enterprises.

Good Faith Documentation. If the 50% SBE Participation Goals are not met in each category (Construction, Professional Services and Suppliers), the Agency-Assisted Contractor or Contractor(s) shall meet and confer with the Agency at a date and time set by the Agency. If the issue of the Agency-Assisted Contractor’s or Contractor’s good faith efforts is not resolved at this meeting, the Agency-Assisted Contractor or Contractor shall submit to the Agency within five (5) days, a declaration under penalty of perjury containing the following documentation with respect to the good faith efforts (“Submission”): 1. A report showing the responses, rejections, proposals and bids (including the amount of the bid) received from SBEs, including the date each response, proposal or bid was received. This report shall indicate the action taken by the Agency-Assisted Contractor or Contractor(s) in response to each proposal or bid received from SBEs, including the reasons(s) for any rejections. 2. A report showing the date that the bid was received, the amount bid by and the amount to be paid (if different) to the non-SBE contractor that was selected. If the non-SBE contractor who was selected submitted more than one bid, the amount of each bid and the date that each bid was received shall be shown in the report. If the bidder asserts that there were reasons other than the respective amounts bid for not awarding the contract to an SBE, the report shall also contain an explanation of these reasons. 3. Documentation of advertising for and contacts with SBEs, contractor associations or development centers, or any other agency which disseminates bid and contract information to small business enterprises. 4. Copies of initial and follow-up correspondence with SBEs, contractor associations and other agencies, which assist SBEs. 5. A description of the assistance provided SBE firms relative to obtaining and explaining plans, specifications and contract requirements. 6. A description of the assistance provided to SBEs with respect to bonding, lines of credit, etc. 7. A description of efforts to negotiate or a statement of the reasons for not negotiating with SBEs. 8. A description of any divisions of work undertaken to facilitate SBE participation. 9. Documentation of efforts undertaken to encourage subcontractors to obtain small business enterprise participation at a lower tier. 10. A report which shows for each private project and each public project (without a SBE program) undertaken by the bidder in the preceding 12 months, the total dollar amount of the contract and the percentage of the contract dollars awarded to SBEs and the percentage of contract dollars awarded to non-SBEs. 11. Documentation of any other efforts undertaken to encourage participation by small business enterprises.