Good faith efforts.
Minneapolis Code of Ordinances § 423.90
in effect423.90. - Good faith efforts.
(a) The department shall develop such forms, affidavits and other documentation as the director deems appropriate for the showing by bidders or proposers of good faith efforts to meet contract goals. The director shall determine what information is required from the bidder or proposer, MBE, WBE or others as the director deems appropriate for such good faith efforts process, and shall determine what reviews, examinations and assessments of information are appropriate for such good faith efforts process.
(b) The director shall determine if a business has made adequate good faith efforts. If a bidder or proposer fails to meet the contract goals and does not demonstrate good faith efforts, the bid or proposal will be rejected and the bidder or proposer shall not be awarded the contract. The bidder or proposer has the burden of providing documentation and information to the department to demonstrate good faith efforts to meet the contract goals. The department's review of the bidder's or proposer's good faith efforts must be conducted prior to contract award.
(c) If a bidder or proposer has not fully met the contract goals, then it must demonstrate its good faith efforts. The bidder or proposer must make every necessary and reasonable effort to subcontract work to eligible MBEs/WBEs. The bidder or proposer must furnish to the director any forms that the director deems appropriate for the purposes of administering the provisions of this chapter. Bidders or proposers who have been previously designated as high risk by the director may be required to submit additional documentation.
The department may consider the following list of factors when reviewing whether a business demonstrated good faith efforts to meet the established MBE/WBE goals:
(1) Soliciting through all reasonable and available means (attendance at pre-bid meetings, advertising and/or written notices) the interest of all eligible MBEs/WBEs certified in the scopes of work of the contract. The bidder or proposer must solicit MBEs/WBEs in sufficient time prior to bid opening or the proposal deadline to allow MBEs/WBEs to respond to solicitations. The bidder or proposer must determine with certainty if the MBEs/WBEs are interested by taking appropriate steps to follow up on initial solicitations.
(2) Selecting portions of the work to be performed by eligible MBEs/WBEs in order to increase the likelihood that the contract goals will be achieved. This includes, where appropriate, breaking out contract work into smaller units to facilitate MBE/WBE participation, even when a contractor might otherwise prefer to perform these work items with its own forces.
(3) Providing interested eligible MBEs/WBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.
(4) The bidder or proposer must negotiate in good faith with interested eligible MBEs/WBEs and provide written documentation of such negotiation with each such business.
(5) A bidder or proposer should consider a number of factors in negotiating with potential MBE/WBE subcontractors, and should take into consideration an eligible MBE or WBE's price and capabilities and scheduling as well as established contract goals. However, the fact that there may be some additional costs involved in finding and using eligible MBE's/WBE's is not in itself sufficient reason for a bidder or proposer's failure to meet the established MBE/WBE goals, as long as such costs are reasonable. The ability or desire to perform the work of a contract with its own organization does not relieve the bidder or proposer of the responsibility to make good faith efforts. Bidders or proposers are not, however, required to accept higher quotes from eligible MBE's/WBE's if the price difference is excessive or unreasonable.
(6) The bidder or proposer must offer information regarding, and make reasonable efforts to assist, solicited eligible MBEs/WBEs in obtaining bonding, lines of credit or insurance as required by the city or by the bidder or proposer; provided that the bidder or proposer need not provide financial assistance toward this effort.
(7) Effectively using the services of minority/woman community organizations; minority/woman contractors' groups; local, state and federal business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the solicitation and placement of MBEs/WBEs.
(8) Whether the apparent successful bidder or proposer met or exceeded the average eligible MBE/WBE participation obtained by other bidders or proposers responding to the same solicitation. (2011-Or-020, § 1, 3-10-11; Ord. No. 2018-065, § 1, 11-2-18)
Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=MICOOR_TIT16PLDE_CH423SMUNBUENPR_423.90GOFAEFFetched: 11/2/2026