Good Faith Efforts (GFE) Presentation — original pdf

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City of Austin Small and Minority Business Resources MBE/WBE Procurement Program Good Faith Efforts Overview February 6, 2024 Felecia Shaw, Acting Assistant Director Objectives MBE/WBE Procurement Program Compliance Background GFE Minimum Requirements & Additional Considerations GFE Review Process Q & A City of Austin | SMBR 2 Good Faith Efforts – What is it? City Code 2-9(A-B)-21(E) •Firms are compliant by: •Either meeting the goals as established in the solicitation OR; •Demonstrating Good Faith Efforts for any ethic category where goals are not met (GFE). Current Minimum Requirements to Achieve Good Faith Efforts (GFE) (2-9A – B) • Notifying certified firms via fax, e-mail, mail or phone at least 10 business days prior to submission of bid/proposal • Publish notice in a local publication (i.e., newspaper, trade association publication, or social/electronic media) • Two (2) reasonable, available, and verifiable means • Follow-up with interested MBE/WBE firms • Seek services of trade associations and other minority and women community organizations • Negotiate in good faith with interested • Contact SMBR for assistance MBEs and WBEs • Select portions of work that will increase MBE/WBE opportunities Additional GFE Considerations •Whether Bidder/Proposer made efforts to assist interested MBEs/WBEs in obtaining bonding, lines of credit or insurance required by the City or consultant. •Whether the Bidder/Proposer made efforts to assist interested MBEs/WBES in obtaining necessary equipment, supplies, materials or related assistance or services. •SMBR may also consider the performance of other Bidders/Proposers successfully meeting the goals. Good Faith Effort Review •All GFE must be submitted with bid/offer at time of submission •Counselors review all documentation and complete a Good Faith Effort Analysis •Details the different requirements and efforts made by the Bidder/Offeror •Logs, emails, fax lists, advertisements/publications, contact with SMBR, etc. •Counselors also send Good Faith Effort Surveys to certified firms in categories where the goal(s) were not met. •Identifying if certified firms were contacted, if bid submitted, scope(s) of work Compliance Determination Utilizing GFE • Counselor submits compliance recommendation along with all GFE documentation and GFE Analysis for SMBR leadership review and sign-off • Opportunity for SMBR leadership to ask any questions prior to determination of compliance/non-compliance. • Approval of Compliance Plan • Deemed non-compliant (did not meet the goals, nor demonstrate GFE in lieu of meeting the goals) Awards Comparison – Goals Met vs. Good Faith Efforts Percentage Awards with Goals Met Percentage Awards with GFE FY’23 FY’22 FY’21 3-Year Award Average 90% 94% 83% 89% 10% 6% 17% 11% City of Austin | SMBR 8 City of Austin Small and Minority Business Resources Discussion/ Questions