Before execution of any contract or issuance of any purchase order for which a MWSBE
goal has been established, a bidder or potential contractor shall submit a plan setting
forth how it intends to meet the contract MWSBE goal or documentation demonstrating
its proof of good faith efforts to meet the contract MWSBE goal. After execution of
a contract or receipt of a purchase order, the contractor shall comply with the submitted
plan, unless it has received approval from the OBO director for a deviation therefrom.
Approval shall not be unreasonably withheld. While it is not a requirement that a
contractor meet its goal, it is required that the contractor objectively demonstrate
to the office of business opportunity that it has made good faith efforts to meet
the goal. To this end, the contractor shall maintain records as prescribed by the
office of business opportunity demonstrating its efforts at compliance. The contractor
shall be required to submit to the office of business opportunity reports of its efforts
under this article in such form or manner as shall be prescribed by the OBO director.