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DVBE Good Faith EffortOverview: The bidder attempts to obtain bids from DVBE companies that can provide a portion of the products and/or services related to the solicitation. To do this, bidder first contacts advocate agencies to get help identifying potential DVBEs, then bidder contacts those DVBEs to extend an invitation to bid, and finally, bidder considers hiring those DVBEs as subcontractors. We highly recommend that bidders download and read the DVBE Resource Packet. To do this, go to California DGS Procurement Division. Scroll down the page and, under the heading DVBE Participation Program, click on the DVBE Resource Packet hyperlink. What the SJSU Buyer Looks For: The SJSU Buyer evaluates the effort made by the bidder to seek out and consider DVBEs as potential subcontractors. In evaluating the bidder’s effort, the Buyer requires written documentation that the bidder completed all 5 Good Faith Effort steps (with the exception only of Step 3 if the Buyer waived it, in which case no advertising is required). Based on this evaluation, the Buyer, at their 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. Important Note: SJSU reserves the right to refuse DVBE Good Faith Efforts and instead, demand a minimum 3% DVBE participation from all bidders. Check the solicitation document for details. STEP 1: Make Contact with SJSU Purchasing to Identify DVBEs
STEP 2: Make Contact with State Agencies, Federal Agencies and Local DVBE Organizations to identify DVBEs
Step 3: Advertise in Trade Papers and DVBE Focus Papers Note: The SJSU Buyer may shorten the advertising period or waive this requirement altogether. Check the solicitation document for details.
Step 4: Submit Invitations to Bid to Potential DVBE Contractors Conducting Steps 1-3 should establish a list of potential DVBE subcontractors (in Chart 3 of DVBE Schedule D). 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:
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 mail, phone, fax, email or through referral centers. Step 5: Consider Available DVBEs Consider all DVBE responses, using the same evaluation criteria for each. If you decide not to select a DVBE, the business reasons for non-selection must be documented on Chart 4 of DVBE Schedule D (included in the solicitation). Use of Proposed DVBE: If awarded the contract, the successful bidder must use the DVBE subcontractors and/or suppliers proposed in its bid proposal unless it has requested substitution and has received approval of the Trustees in compliance with the Subletting and Subcontracting Fair Practices Act. Failure to adhere to at least the DVBE participation proposed by the successful bidder may be cause for contract termination and recovery of damages under the rights and remedies due the Trustees under the default section of the contract. Contract Audits: Contractor agrees that the Trustees or its delegate will have the right to obtain, review, and copy all records pertaining to performance of the contract, including but not limited to reports of payments made to subcontractors during the term of a contract. Contractor agrees to provide the Trustees or its delegate with any relevant information requested and shall permit the Trustees or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this contract.
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