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Waiver Guidelines

If, for any reason, the apparent successful bidder or offerer is unable to award a contract to a certified minority subcontractor and/or procure supplies with a value that is equal to the minimum goal established in the contract solicitation (25% with 7% to African American and 10% to Women), the apparent successful bidder or offerer will request in writing, a waiver to this requirement. The justification for the waiver shall include, but not be limited to, the following guidelines:
  • Detailing statement of efforts made to contact and negotiate with certified businesses including:
    • Names, addresses, dates and telephone numbers of the certified businesses who were contacted.
    • List the items or selected portions of work proposed to be performed by certified businesses in order to increase the likelihood of achieving the stated goal.
    • Reasons for a contractor's conclusion that a certified MBE subcontractor is not qualified to perform.
  • Copies of the information provided to the certified MBEs regarding the plans specifications and anticipated time schedule for portions of the work to be performed;
  • A list of certified businesses contacted but found to be unavailable. This list should be accompanied by Minority Contractor Unavailability Certificates, Form DGS-MBE-04D.

Upon receipt of the waiver request (in writing), the MBE Office will review the waiver request for compliance with the waiver guidelines.

In making this determination, the MBE Office may consider the following:

  • Engineering estimates
  • Catalogue prices
  • Availability of certified MBE's in the area in which the work is to be performed
  • Other bids or offers and subcontract bids or offers substantiating significant variances between certified MBE and non-MBE cost of participation, and their impact on the overall cost of the contract to the State and any other relevant factor.

If and when the successful bidder has complied with these procedures and such is completely documented, the MBE Office will determine the adequacy of the apparent low bidder's MBE participation. If the MBE Office determines that the apparent low bidders should make an additional effort to obtain adequate MBE participation, the MBE Office will reject and return the request to the successful bidder for further action.

No award shall be made until all requirements relating to MBE participation have been met and documented by the contractor. If the contract has been awarded and the required documentation is not furnished, the award will be null and void.