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21
No TABLE 8
DAYS ALLOWED TO SUBMIT DBE
Response
COMMITMENTS
14% Increased
No. of
28%
Declined Allowance for DBE Submission STAs
8% Responsive Bid Requirement (0 days) 11
Responsible Bid
1-day submission 1
2-day submission 1
3-day submission 4
Same 4-day submission 1
50% 5-day submission 2
7-day submission 4
FIGURE 5 Percentage of DBE 10-day submission 4
firms submitting bids as prime 14-day submission 2
contractors in 2002. 15-day submission 2
Reasonable Amount of Time 1
Responsibility with No Time 2
Indicated
· Copies of solicitations and advertisements used to gain No Response to Question 1
DBE participation.
Table 9 summarizes good faith effort submissions and 2. A good faith effort is 80% of the average of the per-
acceptances reported in the study survey for 2002 data. The centages of the DBE commitments submitted by all
time required to perform a good faith effort will in most cases bidders.
delay a decision on the low bidder award and, if the docu- 3. Contractors with a history of using DBEs in the previ-
mentation and analysis is difficult, the process could delay ous fiscal years will be assumed to have made a good
processing the contract for the actual award. Of the good faith effort to achieve the project goal.
faith effort submissions reported in 2002, 640 (77%) were 4. Contractors who have not met any of the previous three
accepted. On average, the STAs allow 18 days for determi- administrative reconsiderations may request an admin-
nation of good faith effort, with the range from 3 to 45 days. istrative reconsideration of their good faith efforts.
California has a worksheet to evaluate good faith efforts. The
IOWA EXPEDITED GOOD FAITH
EFFORT PROCESS contents are provided in Appendix F.
Iowa has adopted a different viewpoint to expedite the good
MINIMUM LEVEL OF SELF-PERFORMED WORK
faith effort determination. A brief outline of the Iowa deci-
sion process is provided here, with details of the 80% good
The subcontracting opportunities for DBE or non-DBE sub-
faith effort and other elements provided in Appendix F. If a
contractors are somewhat defined by either STA or U.S.DOT
goal has been established for a contract, the Iowa STA will
requirements for a specified percentage of work performed by
award the contract to the lowest bidder making good faith
the prime contractor's workforce that is commonly termed
efforts to meet the contract goal. The following is a synopsis
of the Iowa process: "self-performed" work. Contracts with federal aid usually
require that the prime contractor has the responsibility to per-
1. Bidders with 80% of the established goal will be form at least 30% of the work. This would suggest that 70%
assumed to have made a good faith effort. of the contract would be available for subcontracting. How-
ever, availability also depends a great deal on contract pack-
aging. Some STAs specifically elect to package contract work
No according to a work type, such as excavation, paving, and
Response
Increased
structures like box culverts, which limits subcontracting oppor-
17% tunity availability. Where the contractor is required to perform
19%
50% of the contract work, the opportunities for subcontracting
Declined
may be restricted. Table 10 shows the distribution of self-
8%
performed work required by the responding STAs.
Same
FINANCIAL INCENTIVES FOR DISADVANTAGED
56% BUSINESS ENTERPRISE USE
FIGURE 6 Percentage of
DBE firms submitting Eleven of the 36 respondents reported that they had some form
competitive subcontract bids of incentive for improving DBE use. None were geared toward
in 2002. giving direct financial incentive. Most of the respondents, like
