project manual-salt storage bldg-2002

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� ' ; , APPENDIX S ' ;Page 2 ,, jSole-Sonrce or Uniqne Goods,Commodities,ar Services i This exceprion applies to requests for bids/proposals in which the scope is necessarily written such that there is only ' one source,regardless of the marketplace that possesses the capability to perform the contrack $elf-Performance ' This exception applies to prime contractars who self-perform more work than the stated goal allows. For example, at 100%, the goal is waived, at less than 100%, the goal could be reduced to reflect the actual opportunity for subcontracting. � , Other Special Circumstances Wauld be evaluated on a case-by-case basis at the time good-faith efforts are reviewed. , ��OOD-F�iTH E�ORTS—BID/PROPOSAL/CONTRACT EVALUATION PROCESS i ,If CONTRACTOR does not attain the afonsaid SBE goal on TCS Form SBE6,CONTRACTOR must successfully demonstrate good-faith efforts in accordance with the"Good-Faith Efforts Guidelines—Evaluation Process"doc�ment conta�ined in Appendix S. CONTRACTOR must submit TCS Form SBE6,SBE7(if applicable),and good-faith efforts documentation to the Hennepin County Project Manager or county authorized designee for the project/purchase by die close of , the next business day or other specified time as detcrmined by the county following CONTR.ACTOR'S receipt of the COUNTY'S notice of apparent low bidder or other notice of iatent to negotiate.Determination of good-faith efforts shall be deemed satisfactory u�on the approval thereof by the Division Manager. If CONTRAGTOR,within the aforemerttioned time period,fails to submit to the County Project Manager or county ' ` authorized designee completed signed TCS Form(s)SBE6,and SBE7(if applicable),which confirms the SBE utilization level,and fails to successfully demonstrate good-faith efforts,as aforesaid,when TCS Form SBE6 ' indicates the SBE goal has not been met,CONTRACTOR may have its bid rejected/contract not approved.� � �PPEAi DURING BID ROPOSAL/CONTRACT EVALUATION PROCESS ' ' If the Manager determines that CONIRAGTOR has failed to meet the SBE utilization goal n�d has failed to successfully demonstrate good-faith efforts to meet the goal during the bid/proposaUcontract evaluation process,the ' ; Manager will notify CONTRAGTQR in writing of the COUNTY'S decision within five (5)business days of such determination. CONTRACTOR aiay appeal the Manager's decision that CONTRACTOR failed to meet the SBE � utilization goal and successfi�lly demonsh�ate gooci faith efforts to meet the goal. , � CONfRACTOR may,within five(5)business days a1�er receipt of the above—referenced written notice,appe�al the � decision to the County Administrator or designee. An appeal must be made in writing and shall be accompanied by any supporting documentation. If CONTRACTOR fails to submit an appeal within the aforesaid time period, the � 'Manager's determination shall remain in e$'ect. The COUNTY may, at its opdon, enter into a contract with the ' next lowest bidder,or other vendor meeting contract specifications or pursue such othez measures as the COUNTY deems to be in its best interes� , C'�OD F�iTH EFFORTS-CONTTZACT PERFOIZMANCE CONTRACTOR agrees that it must maintain the aforesaid SBE utilization level throughout the conhact term, ' extension and renewals of this contract If CONTRACI'OR fails to maintain the SBE utilization goal during the performance of the coniract,and caanot demonstrate good-faith efforts, in ac�ordance with the"Good-Faith Efforts , Guideiines—Contract Performance"document cantained in Appendix S,to mcet said goal, CONTRACTOR may, at the COiJNTY'S sole option,be deemed in breach of contract and subject to satictions. � ', � ' SBE Program Revised by TCS 9/00 � 3