Good Faith Effort Criteria
- Attend pre-bid/pre-proposal meeting.
- Subdivide the work into elements that can be performed by SBEs and VSBEs.
- Advertise for SBEs/VSBEs at least 14 days prior to the bid/proposal due date.
- Utilize public databases, including the Port’s online database (The Network), to locate SBEs and VSBEs.
- Provide SBEs and VSBEs with relevant project information at least 14 calendar days prior to bid/proposal due date.
- Directly solicit SBEs/VSBEs.
- Conduct follow-up to initial solicitations to SBEs/VSBEs.
- Offer bonding, insurance, and/or equipment assistance.
- Negotiate with SBEs/VSBEs.
- Document unsuccessful negotiation results, including price bid/proposed and reason for not selecting the SBE/VSBE.
Construction & Professional Services Contracts
SBE/VSBE Commitments: For construction and professional services contracts, SBE staff sets contract-specific SBE and VSBE goals. The Port also encourages small businesses to bid/propose as primes whenever feasible. Bidders and proposers are required to submit an SBE/VSBE Commitment Plan (CP), by the required due date, to demonstrate their intent to meet the SBE/VSBE contract goals. SBE staff evaluates each CP and verifies SBE/VSBE eligibility of all small businesses listed on the CP. SBE staff also conducts periodic audits of SBE and VSBE qualifying information.
Good Faith Efforts: If the prime's Commitment Plan does NOT demonstrate intent to meet the combined SBE/VSBE goal, the bidder/proposer must submit a Good Faith Effort (GFE), and pass a GFE evaluation, for the bid/proposal to remain responsive.
Contract Compliance: During the life of the contract, the prime contractor/consultant is required to submit a Monthly SBE/VSBE Utilization Report (MUR). SBE staff tracks small business utilization and verifies payments made to small businesses. SBE/VSBE substitutions are subject to prior approval by the Port. SBE staff also tracks contract amendments and change orders, and sets SBE/VSBE goals on scope of work and/or contract amount increases whenever feasible. Willful non-compliance with SBE/VSBE utilization may subject the prime to payment withholdings and/or penalties. The Port reports final SBE/VSBE utilization at contract end, and recognizes prime contractors/consultants who meet or exceed their SBE/VSBE commitments.
Visit SBE Forms to download Commitment Plan templates, GFE Criteria instructions, and MUR templates.
Purchases
For purchases, the Port endeavors, to the extent possible, to contract directly with an SBE or VSBE. Each Port division is responsible for meeting the Port’s annual combined SBE/VSBE goal of 25%.
