Do It Right: Austin SMBR MBE/WBE Good Faith Efforts

TX News - Published Aug 13, 2014

Prime Contractors wishing to bid on contracts administered by the City of Austin need to be aware of the city's Minority Owned Business Enterprise and Woman Owned Business Enterprise (MBE/WBE) Compliance Plan requirements. 

The MBE/WBE Compliance Plan (Compliance Plan) becomes a factor in bidding when a contract's estimated value is over $57,000. The Compliance Plan does not set over-arching participation levels for all projects and leaves those percentages to be set by the Compliance Division of the Austin Small and Minority Business Resources Department (SMBR) on a per-project basis. Any general contractor looking to bid should contact the SMBR for those percentages. 

General contractors are either required to meet the percentages of M/WBE participation or make a "good faith effort" to meet these M/WBE participation goals and must document their efforts to do so. Additionally, a general contractor must submit both their Compliance Plan and Good Faith Efforts documentation prior to the due date and time specified in the solicitation documents or the bid will be deemed non-responsive and not be accepted for consideration. 

Of particular note is the documentation required to prove a "good faith effort" in the event a general contractor is unable to meet the project's M/WBE participation percentages. At a minimum, this documentation must include:

Fax logs, emails, and/or copies of documents sent to firms within the area. Copies of written correspondence to certified firms (include names, addresses, and other identifying information). Phone logs with responses (phone contacts, alone, will not be sufficient). Lists and copies of letters sent by mail, hand delivered, or e-mailed. Breakdown of negotiations made with certified firms. Copies of advertisements with local newspapers, trade associations, Chambers of Commerce and/or any other public media. Other communications regarding contacts with trade associations and Chambers of Commerce.