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Legal Resources | Title 5 |  T5  43873  

Good Faith Effort.   

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(a) The requirement to meet the DVBE goal or make a good faith effort to meet it must be satisfied, at the time of bid opening, by meeting the provisions of (b) or (c) below

(b) The requirement for meeting the DVBE goal shall be deemed to have been met if a bidder is a disabled veteran business enterprise and committed to performing not less than 3 percent of the dollar amount of the bid with its own forces, or is committed to use DVBEs for not less than 3 percent of the dollar amount of the bid.

(c) The requirement for making a good faith effort to meet the DVBE goal shall be determined as follows: the Trustees shall evaluate the effort made by the bidder to seek out and consider disabled veteran business enterprises as potential subcontractors, materials and equipment suppliers, or both in order to meet the requirement set forth in subdivision (b). In evaluating such effort, the Trustees shall consider written evidence of the actions specified in Public Contract Code, section 10115.2(b). Based on this evaluation, the Trustees, in its sole discretion, may make a finding that the good faith effort requirement has been met.

NOTE

Authority cited:

Education Code 89030

Public Contract Code 10115.3(b)

Reference:

Public Contract Code 10115 et seq.

Public Contract Code 10290 et seq.

Public Contract Code 10700 et seq.

Public Contract Code 12100 et seq.

Public Contract Code 12120 et seq.

(Amended By Register 98, No. 39)