Helping Project Owners Demonstrate Good Faith Effort
Through a variety of measures for project owners, the URA seeks to provide equal opportunity to minority- and women-owned firms on URA affiliated contracts.
Potential Good Faith Effort Measures
- Holding pre-bid or pre-proposal meetings to discuss upcoming opportunities at least two weeks in advance of solicitation due date
- Advertising and conducting outreach with minority and women-owned businesses at least two weeks in advance of solicitation due date
- Identifying and designating economically feasible portions of the work to be performed by M/WBEs This may include breaking down the contract into sub-contracts to ensure participation
- Utilizing the Pennsylvania Unified Certification Program (PAUCP) Directory and/or other resources to locate and identify potential firms to subcontract with
- Providing a reasonable number of M/WBEs written notice via email or mail regarding subcontracting and/or supplier opportunities
- Following up with M/WBEs who were solicited to determine interest
- Providing interested M/WBEs with plans, specifications, scope of work, and requirements of the contract
- Entering into a formal contract, or signed letters of commitment with M/WBEs
- Providing feedback to M/WBEs when bids and/or price quotations are rejected
- Making efforts to assist interested M/WBEs obtain bonding, lines of credit, insurance, equipment, materials, supplies, or other project-related components
Solicitation and Advertisement Efforts
Through all reasonable and available means, effort should be made to solicit quotes and interest from all certified firms who have the capability to perform the work of the contract. This requires conducting outreach beyond an internal list maintained by the project owner and/or their agent(s). The general contractor should ensure that the requests are made within sufficient time to allow MWBE firms to respond. The general contractor should take the initiative to contact firms which have indicated an interest in participating as a subcontractor/supplier.
Effort should be made to make a portion of the project work available consistent with the availability and capabilities of our MWBE firms in order to facilitate MWBE participation. You are encouraged to break out contract work items into smaller economically feasible subcontracts to ensure MWBE participation. As a part of your negotiation you should make plans/specifications available to the MWBE firms which have shown an interest in participating. When negotiating with MWBE firms a contractor should use good business judgment by considering price and capability, as well as project goals. A contractor is not expected to accept a price that is not reasonable and is excessive. Comparison figures should accompany your good faith effort submittal which supports the price differential.
Effort should be made to assist MWBE firms in obtaining bonding, lines of credit, insurance, equipment, materials, supplies or other project related assistance. Contractors are encouraged to assist firms with independently securing/obtaining these resources. The level of assistance can include, but is not limited to referral sources, introductions, and making initial contacts with industry representatives on the MWBE firm’s behalf.
Any additional effort should be made to utilize the services of minority/women organizations, groups; local, state and federal business offices which provides assistance in the recruitment and placement of MWBE firms. This can also include utilizing the services offered by the department’s MWBE supportive services consultant for assistance with advertisement and recruitment efforts. For URA evaluation purposes, contractors must provide documentation to verify efforts taken in their attempt to fulfill the project goal.