(a) If the contractor is unable to meet the SBE goal, the contractor must document the good faith efforts taken to meet the SBE goal and to obtain SBE participation.
(b) The department will consider as good faith efforts all documented explanations that are submitted and that describe a contractor's failure to meet an SBE goal or obtain SBE participation, including:
  (1) advertising in general circulation, trade association, or minority or women focus media concerning subcontracting opportunities;
  (2) providing written notice to at least five qualified SBEs allowing sufficient time for SBEs to participate effectively;
  (3) dividing the contract work into reasonable portions in accordance with standard industry practices;
  (4) documenting reasons for rejection or meeting with the rejected SBE to discuss the rejection;
  (5) providing qualified SBEs with adequate information about bonding, insurance, plans, specifications, scope of work, and the requirements of the contract;
  (6) negotiating in good faith with qualified SBEs, not rejecting qualified SBEs who are also the lowest responsive bidder; and
  (7) using the services of available minorities and women, community organizations, contractor groups, local, state, and federal business assistance offices, and other organizations that provide support services to SBEs.

Source Note: The provisions of this §9.320 adopted to be effective September 1, 2012, 37 TexReg 5320