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9 <br />Disadvantaged Business Enterprise (DBE) Requirement. DBE participation goals <br />(subcontracts, materials, supplies) have been set on this project for those certified as DBEs <br />pursuant to Title 23, U.S.C. section 140(c) and 49 CFR, Part 26, and where applicable <br />qualified to bid with ODOT under Chapter 5525 of the ORC. <br />ODOT shall supply the percentage goal to the LPA upon review of the Engineer's Estimate. Prior <br />to executing the contract with the contractor, and in order for ODOT to encumber the Federal /State <br />funds, the contractor must demonstrate compliance with the DBE Utilization Plan and Good Faith <br />Efforts requirements. <br />GOOD FAITH EFFORTS (GFEs) <br />In the event that the DBE contract goal established by ODOT is not met on a project, the Contractor shall <br />demonstrate that it made adequate good faith efforts to meet the goal, even though it did not succeed in <br />obtaining enough DBE participation to do so. <br />The Contractor shall demonstrate its GFEs by submitting information including but not limited to the <br />following to the LPA: <br />(1) All written quotes received from certified DBE firms; <br />(2) All written (including email) communications between the Contractor and DBE firms; <br />(3) All written solicitations to DBE firms, even if unsuccessful; <br />(4) Copies of each non -DBE quote when a non -DBE was selected over a DBE for work on the <br />contract; <br />(5) Phone logs of communications with DBE firms. <br />The LPA will send the GFE documentation including their recommendation to ODOT at the following <br />address: <br />Office of Small & Disadvantaged Business Enterprise <br />The Ohio Department of Transportation <br />1980 West Broad Street, Mail Stop 3270 <br />Columbus, Ohio 43223 <br />ODOT shall utilize the guidance set forth in 49 CFR §26.53 Appendix A in determining whether the <br />Contactor has made adequate good faith efforts to meet the goal. ODOT will review the GFE <br />documentation and the LPA's recommendation and issue a written determination on whether adequate <br />GFEs have been demonstrated by the Contractor. <br />The Contractor may request administrative reconsideration within two (2) days of being informed that it did <br />not perform a GFE. The Contractor must make this request in writing to the following official: <br />Ohio Department of Transportation <br />Division of Chief Legal Counsel <br />1980 West Broad Street, Mail Stop 1500 <br />Columbus, Ohio 43223 <br />