Sample Past GFE Determinations
In this review, the CRBRC determined the bidder failed to make good faith efforts because it chose to self perform areas with significant DBE availability and relied solely upon areas with minimal DBE availability to meet the goal. The bidder's plan did not allow for diversification and the bidder did not reconsider its strategy when it was apparent the goal might not be met. This determination was upheld by the Chief Engineer.
In this review, the CRBRC determined the bidder failed to make good faith efforts because the bidder solicited and received quotes from DBEs, but ultimately decided to proceed with non-DBEs because their quotes were lower. Although the bidder presented additional information in its appeal stating that cost was not the only factor, no evidence was provided and this decision was upheld by the Chief Engineer.
In this review, the CRBRC determined that the bidder made good faith efforts to meet the contract goal. While the bidder did not create a plan that allowed for much diversification to meet the goal, upon review of all of the documentation from the apparent low bidder and the other bidders, the CRBRC recognized that there appeared to be few opportunities for ready, willing and able DBEs and that, although mistakes were made in the solicitation, the bidder did demonstrate good faith efforts. When the CRBRC determines the bidder made good faith efforts, there is no appeal process.
In this review, the CRBRC determined the bidder failed to meet the contract goal because the bidder selected a firm that had previously been but was no longer DBE certified. The firm had claimed to the bidder that it was a DBE, but was not listed on the DBE directory and had not been certified for close to two years. However, upon review of the circumstances of the morning of the bid submission, and due to the reliance on the word of the previously certified firm, the Chief Engineer reversed the decision of the CRBRC.
