W. Va. Code R. § 157-14-10

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 157-14-10 - Disadvantaged business enterprises (DBE)

10.1. When a proposal contains the requirement for participation by DBEs, the participation goal the contractor submits will be compared to the project goals contained in the proposal. If the contractor's goal meets or exceeds the stated goals in the proposal, the bid is considered responsive (with respect to the DBE special provision) and may be accepted. If the contractor's goals do not meet the stated goals in the proposal, the contractor may be asked to demonstrate that a good faith effort was made to subcontract work to DBE firms, but the efforts were unsuccessful. If the contractor's goals do not meet expectations and the contractor cannot demonstrate a good faith effort, the bid may be rejected and awarded to the next lowest bidder.

10.2. The Division considers the DBE goals for a project to be an essential component of the work and contractors who fail to make a reasonably good faith effort risk having their bids rejected.