Common use of Disqualification as Non-Responsive Clause in Contracts

Disqualification as Non-Responsive. ITS may disqualify a Bidder or Contractor as being non-responsive under the following circumstances: a) If such Bidder or Contractor fails to submit a MWBE Utilization Plan; b) If such Bidder or Contractor fails to submit a written remedy to a notice of deficiency; c) If such Bidder or Contractor fails to submit a request for waiver; or d) If ITS determines that such Bidder or Contractor has failed to document good faith efforts. Contractor further agrees that a failure to submit and/or use such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, ITS shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsiveness.