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04I11/2002 23:24 9529300943 LASZLO FULOP PAGE 09121 APPENDIX S A request for an exception tv the SB� goal requirement must be made to the Project Manager or designated PffCS staff person. Ttte P/TCS Adminisirative Manager must approve all exceptions. GOO[7-FAtfiN EFFORTS— BID/PROPOSAUCONTRACT EVALUATiON PROCESS If CONTRACTOR does not attain the aforesaid SBE goal on P/TCS Form SBE6, C�NTRACTOR must successfully demonstrate gflod-faith efforts in accordance with the"Good-Faith EfForts Guidelines—Evaluation Process"document contained in Appendix S. CONTRACTOR must submlt P/TCS �orm (SBE6)and good- faith effo�ts documentation io the Mennepin County by the close of the next business day, or other specified time as determined by the county following CON'CI�ACTOR'S receipt of the COUNIY'S notice of apparent Eow bidder or other notice of intent to negotiate. Determination of gaod-faith efforts shall be deemed satisfactory upon the approval thereof by the P/TCS Division Manager. If CONTRACTOR fails to su6mit to P/TCS a completed and signed Form (SBE6), which confirms fhe SBE utilization level, and fai/s to successfu/ly demonstrate good-faith efforts when Form {SBE6) indicates fhe SBE goal has not been met, the CONTRACTOfi may have its bid rejected/contract not approved. . -- . . APPEAL DURING B1D/PROPOSAUCONTRACT EVALUATlON PROCESS If P/TCS determines that the CONTRACTOR failed to meet the SBE utiiization goal and fail�d to successfully demonstrate gbod-faith efforts to mee# the goal during the bid/proposal/contract evaluation process, CONTRACTOR wi(i be notified in writing of the COUN?'Y'S decision within five (5) business days of such detemnination. A CONTRACTOR may �ppeal the P/TCS decision that the CONTRACTOR failed to meet the SBE utilization goal and successfully demonstrate good faith efforts to meet#he goal. . CONTRACTOR may, within five (5) business days after recetpt of the ab4ve —referenced written notice, appeal the decision to the County Administrator ac designee. An appeal must be made in writing and shall be accompanied by any supporting docume�ta#ivn. If CONTRACTOR fails to submit an appeal within five (5) business days, the P/TCS determination shall remain in effect. The COUNTY may, at its option, enter into a contract with the next lowest bidder, or vther vendor meeting contract specifications or pursue such other measures as the COUNTY deems to be in its best interest. GOOD FAITH EFFORTS- CONTRACT PER�ORMANCE CONTRACTOR agrees that it must maintain the SBE utilization level throughout the contract term, extension and renewals of this contract. If GONTRACTOR fails to maintain the SBE utilization,goaEs during the performance of the contract and cannot dsmonstrate good-faith efforts in accordance with the "Good-Faith Effo�ts Guidelines — Contract Pertormance" in Appendix S, the CONTRACTOR may, at the COUNTY'S sole option, be deemed in breach vf contract and subject to sanctions. CONTRACTOR shall insert in all of its subcontracts over $100,000, clauses requiring the subcontractor to: (1) adopt the contract-specific designa4ed goal; (2) submit all information and reports required by Hennepin County; and (3} camply with all Hennepin County Board policies with regard to.SBE utifization.. It shail be the responsibility of the CONTRACTOR to monitor and enforce . . _ . subcontractor's compliance with this paragraph. L. Rev. 3/18/�2 p,2 of 5