1. (a) Certification that a firm meets the definition of a M/WBE pursuant to Sections 10115.1(e) and 10115.1(f) of the Public Contract Code shall be accepted when completed by federal, state or local agencies designated by the Department as acceptable for issuing such certification verifying that a specific firm is a M/WBE. These agencies shall include but not be limited to:

   1. (1) State Department of Transportation
   2. (2) U.S. Small Business Administration
2. (b) A bidder shall be considered to have made a good faith effort upon showing, within the time limits specified in the bidding requirements, to the satisfaction of the Department, that the requirements set forth in Section 10115.2(b) of the Public Contract Code or any other requirements described in the bidding requirements were met.

Bidders shall either (1) meet the M/WBE goals as set forth in Section 10115 of the Public Contract Code and specified in the bid package released by the Department, and shall provide within the time frames specified in the bidding requirements the names of their M/WBE subcontractors and suppliers of services, material and equipment, together with certification of their M/WBE status as described in Section 393(a) and their indicated dollar participation, or (2) provide within the time frames specified in the bidding requirements the required documentation demonstrating that they have made a good faith effort as described in Section 393(b) to meet the specified goals.

Note: Authority cited: Section 10115.3, Public Contract Code. Reference: Section 10115.2(c), Public Contract Code.

History

1. New section filed 10-30-92; operative 10-30-92 (Register 92, No. 44).