(a) Pre-Award. A bidder, respondent or prime contractor may request a full or partial waiver of a MBE subcontracting goal by submitting either the MBE/SLBE unavailability form contained in the solicitation or a written request and appropriate documentation. Bidders and respondents are required to submit the MBE/SLBE unavailability form, with the required supporting good faith efforts documentation, simultaneously with bid or proposal submission, if the bidder is unable to obtain a certified eligible MBE or meet the minimum MBE participation subcontracting goal and presents adequate evidence of its good faith efforts, as defined herein, to meet the subcontracting goal. All subcontractors (MBE, WSSC-approved SLBE, and majority subcontracting firms) must be approved by WSSC’s OSDI and all subcontracting (MBE, WSSC-approved SLBE, and majority subcontracting firms) must be reported to WSSC via the WSSC Web-Based Compliance System.

(b) Post-Award. A prime contractor shall promptly request in writing a full or partial waiver of the MBE subcontracting goal as soon as possible (timely manner) after prime contractor becomes aware that it will be unable to comply with an approved SLBE or MBE subcontracting and supplier certification (subcontracting plan). The written request shall detail the prime contractor’s good faith efforts (as outlined in the Good Faith Efforts Guide or successor) to execute the MBE subcontracting plan and shall include a revised MBE subcontracting plan(s), if applicable. The prime contractor must submit all documentation related to its good faith efforts to maximize the utilization of eligible MBE subcontractors. A prime contractor is required to notify and obtain written approval from the OSDI in advance of any reduction in subcontract scope, termination, substitution or any other changes for a designated eligible MBE subcontractor and accompanied by supporting documentation. All subcontractors (WSSC-approved SLBE, MBE and majority subcontracting firms) must be approved by WSSC’s OSDI and all subcontracting (WSSC-approved SLBE, MBE and majority subcontracting firms) must be reported to WSSC via the WSSC Web-Based Compliance System.

(c) Procedure. All waiver requests shall be submitted to the OSDI and to the Procurement Office for resolution by the OSDI Director. Should the OSDI Director determine that the bidder (or prime) has demonstrated good faith efforts, then the waiver will be granted. If the waiver is denied, the Chief Procurement Officer shall respond within 60 calendar days of the receipt of any notice of appeal to a waiver request. The decision shall be issued by the Chief Procurement Officer and shall constitute the final decision of the Commission. (Res. 2023-2325; REG-PROC-SD-2017-004 § VII(C))