Common use of MWBE Utilization Plan, PROC-2 Form Clause in Contracts

MWBE Utilization Plan, PROC-2 Form. A. The Contractor represents and warrants that the Contractor has submitted an MWBE Utilization Plan, PROC-2 form, hyperlinked herein, or shall submit an MWBE Utilization Plan at such time as shall be required by the Agency(ies), provided, however, that the Contractor may arrange to provide such evidence via a non-electronic method to the Agency(ies), either prior to, or at the time of, the execution of the Contract. B. The Contractor agrees to adhere to such MWBE Utilization Plan in the performance of the Contract. C. The Contractor further agrees that failure to submit and/or adhere to such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, the Agency(ies) shall be entitled to any remedy provided herein, including but not limited to, a finding that the Contractor is non-responsive.