MBE Participation Waiver. If the apparent successful bidder is unable to achieve the Contract goal for certified MBE participation, the Offeror/Bidder must submit instead of or in conjunction with an MBE Subcontractor and Prime Contractor's Disclosure and Participation Statement, a request in writing for a waiver with justification, to include the following: A detailed statement of the efforts made to select portions of the proposed work to be performed by the certified MBE's in order to increase the likelihood of achieving the stated goal; A detailed statement of the efforts made to contact and negotiate with certified MBEs including the names, addresses, dates, and telephone numbers of the certified MBEs contacted and a description of the information provided to the certified MBEs regarding plans, specifications, and anticipated time schedules for portions of the work to be performed; As to each certified MBE that placed a subcontract quotation or offer that the apparent successful offeror/bidder considered not to be acceptable, a detailed statement of the reasons for this conclusion; and In the event certified minority subcontractors are found to be unavailable, a signed and notarized MBE Statement of Unavailability (MBE Attachment E) must be prepared by the Offeror/Bidder, including the names, addresses, dates, and telephone numbers of the certified MBEs contacted, and the reason each MBE is unavailable. A waiver of a certified MBE Contract goal shall be granted only upon reasonable demonstration by the apparent successful bidder that certified MBE participation was unable to be obtained or was unable to be obtained at a reasonable price and if the Secretary or designee determines that a waiver serves the public interest. The Code of Maryland Regulation citation (COMAR 21.11.03.11) governing the MBE waiver is included as MBE Attachment F.
Appears in 4 contracts
Samples: Human Service Funding Agreement, Human Service Funding Agreement, Human Service Funding Agreement
