(b) Each grant recipient shall be responsible for requiring each contractor to submit a minority and women-owned business enterprise utilization plan prior to the award of a contract.

1. (1) The goals for the participation of minority and women-owned business enterprises on projects under this Subchapter shall be as follows:

   1. (i) for minority-owned business enterprises, a goal of at least 12 percent of the total dollar value of contracts awarded; and
   2. (ii) for women-owned business enterprises, a goal of at least five percent of the total dollar value of contracts awarded.

2. (2) These goals may be adjusted on the basis of the following criteria:

   1. (i) relevant demographic data;
   2. (ii) availability of minority and women-owned business enterprises selling services or goods needed for contract performance;
   3. (iii) possibilities for solicitation of minority and women-owned business enterprises;
   4. (iv) past performance in regard to minority and women-owned business programs;
   5. (v) the office's ability to identify minority and women-owned businesses which can be used by contractors to comply with the goal requirements of the office; and
   6. (vi) other relevant facts or circumstances.

(c) Goals.

(d) The grant recipient shall include and require that all contracts pursuant to this Subchapter and all documents soliciting bids or proposals therefor shall contain and make reference to the following provisions:

1. (1) that the contractor comply with the recordkeeping, reporting and notice requirements of this section; and
2. (2) that sanctions will be imposed for a contractor's failure to comply with the requirements of this section.

(e) Every grant recipient and its contractors and subcontractors shall be required to make good faith efforts to meet goal requirements. Good faith efforts may include:

1. (1) advertisement in appropriate general circulation, trade and minority and women-oriented media;
2. (2) timely notice of contract opportunities;
3. (3) the development and maintenance of lists for purposes of notifying minorities and women of contracting opportunities; and
4. (4) maintenance of records required by the office for documenting the contractor's actions, which identify minority and women contract opportunities.

(f) Sanctions may be imposed by the office for failure to meet goal requirements unless the office determines that goal requirements should be waived because a grant recipient has made a good faith effort to comply with such requirements. Sanctions may include the following:

1. (1) reduction of the agreement price;
2. (2) suspension or termination of the agreement;
3. (3) retention of payments until compliance is achieved; and
4. (4) other penalties of which a grant recipient has notice in writing prior to or during the performance of an agreement.