(a) Pre-Award. A bidder or respondent may request a full or partial waiver of a SLBE subcontracting requirement by submitting the MBE/SLBE unavailability form with the appropriate documentation contained in the solicitation and written request with appropriate documentation. Bidders and respondents are required to submit the MBE/SLBE unavailability form and the required supporting documentation simultaneously with bid or proposal submission, if the bidder or respondent is unable to obtain a WSSC-approved SLBE firm or meet the minimum SLBE participation subcontracting requirement and presents adequate evidence of its good faith efforts, as defined in WSSC 6.35.260, to meet the subcontracting requirement. All subcontractors (SLBE and majority subcontracting firms) must be approved by WSSC’s SLMBE Office and all subcontracting (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 SLBE subcontracting requirement as soon as reasonably possible (timely manner) after the prime contractor becomes aware that it will be unable to comply with an approved SLBE/MBE subcontracting and supplier certification (subcontracting plan). The written request shall detail the prime contractor’s good faith efforts to execute the SLBE/MBE subcontracting and supplier certification (subcontracting plan) and shall include a revised SLBE/MBE subcontracting and supplier certification (subcontracting plan) and documentation of the prime’s good faith efforts. A prime is required to notify and obtain written approval from the SLMBE Office in advance of any reduction in subcontract scope, termination, substitution or any other changes for a designated SLBE subcontractor and accompanied by supporting documentation. All subcontractors (SLBE, MBE and majority subcontracting firms) must be approved by WSSC’s SLMBE Office and all subcontracting (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 in writing and shall be submitted to the SLMBE Office and to the Procurement Office for resolution by the SLMBE Director. Should the SLMBE Director determine that the bidder, respondent or prime contractor has demonstrated good faith efforts, then the waiver may 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.

(d) A bidder, respondent or prime contractor may request a full or partial waiver of this subcontracting requirement from the SLMBE Office for good cause by submitting in writing the reason for this inability to satisfy the SLBE subcontracting requirement to the SLMBE Office at the time of bid, along with a written waiver request outlining the good cause and good faith efforts employed by the bidder, respondent and prime contractor to satisfy the minimum SLBE subcontracting requirements. Under no circumstances shall a waiver of a subcontracting requirement be granted without submission of adequate documentation of good faith efforts as defined in this chapter by the bidder, respondent and prime contractor and careful review by the SLMBE Office. The SLMBE Office shall base its determination, at a minimum, on a waiver request on the following criteria: