(a) In order to be eligible for award of the contract, the bidder must either meet the goals for minority business enterprise and women business enterprise participation, or provide information to establish that, prior to bidding, the bidder made good faith efforts to do so. The information submitted to establish the bidder's good faith efforts to meet the MBE and WBE goals shall be submitted by the time provided in the bid proposal, and shall include the information requested in the bid proposal.

(b) If the bidder does not meet the goals, the department will evaluate the efforts made by the bidder to meet the goals. If the department determines that the bidder has satisfied the elements of subdivision (b) of Public Contract Code section 10115.2, the bidder shall be deemed to have made good faith efforts. Based on this evaluation, the department may make a finding that the good faith effort requirement has been met.