8880-16 Appropriate funds to resurface Lakewood Heights Blvd.

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ODOT shall supply the percentage goal to the LPA upon review of the Engineer's Estimate. Prior to executing the contract with the contractor, and in order for ODOT to encumber the Federal /State funds, the contractor must demonstrate compliance with the DBE Utilization Plan and Good Faith Efforts requirements. GOOD FAITH EFFORTS (GFEs) In the event that the DBE contract goal established by ODOT is not met on a project, the Contractor shall demonstrate that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining enough DBE participation to do so. The Contractor shall demonstrate its GFEs by submitting information including but not limited to the following to the LPA: (1) All written quotes received from certified DBE firms; (2) All written (including email) communications between the Contractor and DBE firms; (3) All written solicitations to DBE firms, even if unsuccessful; (4) Copies of each non -DBE quote when a non -DBE was selected over a DBE for work on the contract; (5) Phone logs of communications with DBE firms. The LPA will send the GFE documentation including their recommendation to ODOT at the following address: Office of Small & Disadvantaged Business Enterprise The Ohio Department of Transportation 1980 West Broad Street, Mail Stop 3270 Columbus, Ohio 43223 ODOT shall utilize the guidance set forth in 49 CFR §26.53 Appendix A in determining whether the Contactor has made adequate good faith efforts to meet the goal. ODOT will review the GFE documentation and the LPA's recommendation and issue a written determination on whether adequate GFEs have been demonstrated by the Contractor. The Contractor may request administrative reconsideration within two (2) days of being informed that it did not perform a GFE. The Contractor must make this request in writing to the following official: Ohio Department of Transportation Division of Chief Legal Counsel 1980 West Broad Street, Mail Stop 1500 Columbus, Ohio 43223 The reconsideration official will not have played any role in the original determination that the Contractor did not document sufficient good faith effort. As part of this reconsideration, the Contractor will have the opportunity to provide written documentation or an argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. ODOT will send the Contractor a written decision on reconsideration explaining the basis for finding that