Reference Publications and Forms

• What is the "Good Faith Effort?"
• Where Do I Advertise?
• What are "Trade" and "Focus" Papers?

1. Contact was made with the awarding department to identify DVBEs.
2. Contact was made with other state and federal agencies, and with local DVBE organizations to identify DVBEs.
3. Advertising was published in trade papers and papers focusing on DVBEs.
4. Invitations to bid were submitted to potential DVBE contractors.
   
   

   Each step of the "Good Faith Effort" is designed to help you find qualified DVBEs to bid on your project.

   
   
5. Available DVBEs were considered. 
   
   The Good Faith Effort as described here is for informational purposes only. You are advised to carefully read and follow the solicitation's instructions for completing and documenting the Good Faith Effort. In detail, the five steps are:

Step 1: Contact was made with the awarding department to identify DVBEs.

The contact is for the purpose of identifying potential DVBE subcontractors, not merely to request the solicitation package.

The awarding department may respond with:

• A list of DVBEs who expressed interest in the contract.
• A list of DVBEs who participated or expressed interest in prior contracts.
• Use of an internal database or directory.
• Referral to other resource or service providers.

Step 2: Contact was made with other state and federal agencies, and with local DVBE organizations to identify DVBEs.

Internet contact is acceptable. It is suggested that bidders print out the applicable pages and submit with the bid package.

• State and Federal Contacts
  

STEP 3: Advertising was published in Trade papers and papers Focusing on DVBEs. Bidders must advertise their subcontracting opportunities:

• after the solicitation release and for at least 14 calendar days prior to the due date for bids, unless a shorter time frame is specified by the solicitation.

• in at least one "Trade" and one "Focus" paper (see definitions below).

Awarding Agency's Advertising Discretion

Awarding agencies may modify the advertising requirements or waive them altogether. The number and type of publications required may vary from contract to contract. Be sure to read the solicitation documents carefully for specific instructions on advertising, and contact the awarding agency's contracting official if you have any questions.

Dual Trade and Focus Papers

Some papers are both Trade and Focus. The awarding agency has the discretion to accept one advertisement in a consolidated Trade and Focus paper as long as the Trade and focus paper is accepted by the DGS as meeting both legal definitions and the criteria for the specific bid. The awarding agency must specify in its solicitation if a dual Trade and Focus paper is acceptable.

Advertisement Content

The Purpose of your advertisements is to obtain interested DVBE subcontractors and/or suppliers for the specific bid and resulting contract; therefore, general interest advertisements do not comply with the intent of this step. Refer to the solicitation for specific advertisement content requirements. Advertisements should be specific enough to encourage responses from potential DVBE subcontractors, and typically include the following information:

• Name the awarding department
• Identify the bid solicitation
• State the bid due date
• Identify the type of work available for bid or supplies needed
• Request bids or quotes from potential DVBE subcontractors
• Specify the geographical area/location where the work will take place.

Internet publications are acceptable as long as they are accepted by the DGS for meeting the definition of a Trade and/or Focus paper.

Awarding Agency's Ability to Waive Step 3, Advertising

Step 3 is the one step that the awarding agency has the authority to waive. If the awarding agency waives the advertising requirement, it will either include this information in the solicitation package or in an addendum. In this case, advertising will be waived for all bidders. In no case can advertising be waived for one bidder and not another.

Trade Paper: A Trade Paper is one that meets all of the following criteria:

1. has a business orientation relating to the Trade or industry for which the advertisement is being placed;
2. is known and used by the members of that Trade or industry;
3. primarily offers articles, editorials (if any), and advertisements of business opportunities aimed at that Trade or industry; and
4. is available within the geographical area in which the advertisement is placed and the services are to be performed.

Focus Paper: A Focus Paper is one that meets all of the following criteria:

1. has an orientation relating to DVBE(s);
2. is known and used by members of the DVBE community;
3. primarily offers articles, editorials (if any), and advertisements of business opportunities aimed at DVBEs; AND
4. is available within the geographical area in which the advertisement is placed and the services are to be performed.

• Trade Papers
• Focus Papers

STEP 4: Invitations to bid were submitted to potential DVBE contractors.

Conducting Steps 1-3 should establish a list of potential DVBE  subcontractors. Step 4 requires the bidder to invite these potential DVBE subcontractors to supply the needed service or goods.

Invite DVBEs to bid by supplying them with all the information they need in order to respond, such as:

1. The service or product available for bid
2. The geographic area where the work will be performed, if applicable
3. The awarding department
4. The bid due date
5. Any other information needed to bid

The invitation you make must be specific enough so that a response may be made. The terms of the invitations must also be equal; for example, if bonding assistance is offered to one potential subcontractor, it must be offered to all.

You may invite potential DVBE subcontractors to bid via:

• Direct mail
• Telephone
• Fax
• E-mail
• Or through referral centers.

Make sure that the invitation method used meets the solicitation's documentation requirements.

If you use a service firm or referral center…
...that assists prime bidders with the completion of requirements for DVBE goal attainment and the "Good Faith Effort, the prime bidder is responsible for

STEP 5: Available DVBEs were considered.

To fulfill Step 5, the bidder must:

• Consider all DVBE responses, using the same evaluation criteria for each. 
• If the bidder decides not to select a DVBE, the business reasons for nonselection must be documented and submitted to the awarding agency.
• And — as always — document the effort.

If you use a service firm or referral center…
...that assists prime bidders with the completion of requirements for DVBE goal attainment and the "Good Faith Effort, the prime bidder is responsible for demonstrating Steps 4 and 5.

What the Awarding Department Looks For

The awarding department evaluates the effort made by the bidder to seek out and consider DVBEs as potential subcontractors.

In evaluating the bidder's effort, the awarding department requires written documentation that the bidder completed all 5 "Good Faith Effort" steps(with the exception only of Step 3 if the awarding department waived it, in which case no advertising is required).

Based on this evaluation, the awarding department, at its sole discretion, may find that the bidder complied with the program requirements. If a bidder fails to meet the participation program requirements, the bid shall be deemed non-responsible and ineligible for award.