Good Faith Effort
What is a Good Faith Effort?
There are certain immutable requirements to making "Good Faith Efforts". Though they may be similar in most aspects, there are some differences between the requirements for Federally Funded Projects and State Funded Projects.
What is a Third Party Challenge?
Any individual, business enterprise, state, federal, local entity or employee may challenge a firm that they believe to be ineligible for the Disadvantaged Business Enterprise (DBE) program.
The Civil Rights Program must receive a written communique from the challenging party and must identify both parties (challenged and challenger) and include the challenger's name, address and a summary of the issues (lack of ownership, and/or control, inextricable ties, etc.). This summary must contain relevant information supporting the challenger's contention that the challenged firm does not meet the eligibility standards set forth in Code of Federal Regulations under 49CFR 23.53.
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What is Reciprocity?
Reciprocity means that one participating certifying agency or department accepts another participating certifying agency or department's certification for its Disadvantaged Business Enterprise (DBE) contracting opportunities. Participating certifying agencies (State of California .pdf) and departments share a common interest -- to reduce the paperwork and certification burden to applicants by standardizing the application process between the participating agencies. The process of reciprocity requires that each participating certifying agency have an approved letter of agreement to participate as a certifying agency on file with Caltrans Civil Rights Program. This letter is assurance that the participating agency follows the certification guidelines detailed in Code of Federal Regulations under 49CFR 23 and Chapter 2.5 of the California Public Contract Code. Caltrans Civil Rights Program also performs a review of the agency's certification program to ensure that it meets those same guidelines.
For more detailed information, please contact Allan McCarty.