Good Faith Efforts (GFEs) Administrative Reconsideration Process

If ODOT determines that the apparent successful consultant/bidder has failed to meet the requirements, prior to awarding the project/contract, ODOT will provide the consultant/bidder an opportunity for administrative reconsideration.

1. If ODOT determines that the consultant/bidder did not demonstrate Good Faith Efforts (GFEs) to meet the project/contract goal, the DBELO and/or designee shall notify the consultant/bidder in writing, via the email address provided from the contact(s) listed in the LOI/BidX.

2. The notice shall state that the consultant/bidder is entitled to administrative reconsideration. ODOT’s independent Administrative Reconsideration Official (ARO) is the General Counsel and/or designee, provided that such designee did not participate in the original determination. The DBELO and/or designee shall provide the ARO with a copy of the notice to the consultant/bidder.

3. The consultant/bidder has three business days from the date of the notice from the DBELO and/or designee to submit a request for administrative reconsideration to the email addresses provided in the notice.

a.   The request shall include the consultant’s/bidder’s basis for the appeal and documentation submitted at the time of bid that the consultant/bidder would like considered as part of the reconsideration.

b.   The request shall also include a statement as to whether the consultant/bidder would like reconsideration or a hearing.

• If the consultant/bidder requests reconsideration, then the ODOT ARO and/or designee will review the documentation provided with the bid along with any relevant correspondence received from the consultant/bidder following the opening of the bid in order to independently determine whether or not the consultant/bidder demonstrated Good Faith Efforts.
• If the consultant/bidder requests a hearing, then the consultant/bidder will be allowed to meet with the ARO and/or designee in-person, by telephone, or by virtual platform in order to defend their Good Faith Effort.  Only the documentation that was presented with the bid will be considered at the hearing.
• Hearings, for the purpose of administrative reconsideration, are not open to the public.  The DBELO and/or designee may attend in the interest of the Department, although it is not required.

c.    If the consultant/bidder does not include a request for a hearing, the right to a hearing is waived.

4. If the consultant/bidder has requested a hearing, the ARO will establish a date, time and format for the hearing, and send written notice via email to the DBELO and/or designee, and the consultant/bidder at least two business days in advance of the hearing. If schedules permit, the parties may waive the two-day requirement.

5. The ARO shall issue the final determination as to whether the consultant/bidder made GFE to meet the project/contract goal within five days. The determination of the ARO and/or designee is not appealable.