Common use of MWBE Utilization Plan Clause in Contracts

MWBE Utilization Plan. (a) The Contractor represents and warrants that Contractor has submitted an MWBE Utilization Plan prior to the execution of the contract. (b) MWBE Utilization Plan (Form 7557-107). Contractors are required to submit a Utilization Plan on Form 7557-107 with their bid or proposal. Complete the following steps to prepare the Utilization Plan: i. list NYS Certified minority- and women-owned business enterprises which the Contractor intends to use to perform the State contract; ii. insert a description of the contract scope of work which the Contractor intends to structure to increase the participation by NYS Certified minority- and women-owned enterprises on the State contract; iii. insert the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract which the Contractor intends to be performed by a NYS Certified minority- or women-owned business; and (c) Any modifications or changes to the agreed participation by NYS Certified MWBEs after the Contract Award and during the term of the contract must be reported on a revised MWBE Utilization Plan and submitted to the SUNY University- wide MWBE Program Office. (d) The University will review the MWBE Utilization Plan and will issue the Contractor a written notice of acceptance or deficiency within twenty (20) day of its receipt. A notice of deficiency shall include the: i. list NYS Certified minority- and women-owned business enterprises which the Contractor intends to use to perform the State contract; ii. name of any MWBE which is not acceptable for the purpose of complying with the MWBE participation goals; iii. reasons why it is not an acceptable element of the Contract scope of work which the MWBE Program Office has determined can be reasonably structured by the Contractor to increase the likelihood of participation in the Contract by MWBEs; and iv. other information which the MWBE Program Office determines to be relevant to the MWBE Utilization Plan. (e) The Contractor shall respond to the notice of deficiency within seven

MWBE Utilization Plan. (a) The Contractor represents and warrants that Contractor has submitted an MWBE Utilization Plan prior to the execution of the contract. (b) MWBE Utilization Plan (Form 7557-107). Contractors are required to submit a Utilization Plan on Form 7557-107 with their bid or proposal. Complete the following steps to prepare the Utilization Plan: i. list NYS Certified minority- and women-women- owned business enterprises which the Contractor intends to use to perform the State contract; ii. insert a description of the contract scope of work which the Contractor intends to structure to increase the participation by NYS Certified minority- and women-owned enterprises on the State contract; iii. insert the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract which the Contractor intends to be performed by a NYS Certified minority- or women-owned business; and (c) Any modifications or changes to the agreed participation by NYS Certified MWBEs after the Contract Award and during the term of the contract must be reported on a revised MWBE Utilization Plan and submitted to the SUNY University- University-wide MWBE Program Office. (d) The University will review the MWBE Utilization Plan and will issue the Contractor a written notice of acceptance or deficiency within twenty (20) day of its receipt. A notice of deficiency shall include the: i. list NYS Certified minority- and women-women- owned business enterprises which the Contractor intends to use to perform the State contract; ii. name of any MWBE which is not acceptable for the purpose of complying with the MWBE participation goals; iii. reasons why it is not an acceptable element of the Contract scope of work which the MWBE Program Office has determined can be reasonably structured by the Contractor to increase the likelihood of participation in the Contract by MWBEs; and iv. other information which the MWBE Program Office determines to be relevant to the MWBE Utilization Plan. (e) The Contractor shall respond to the notice of deficiency within sevenseven (7) business days of receipt by submitting to the University a written remedy in response to the notice of deficiency. i. If the written remedy that is submitted is not timely or is found to be inadequate, the University-wide MWBE Program Office shall notify the Contractor and direct the Contractor to submit, within five (5) business days, a request for partial or total waiver of MWBE participation goals on forms provided by the University-wide MWBE Program Office. ii. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. (f) The University may disqualify a Contractor as being non-responsive under the following circumstances: i. If a Contractor fails to submit a MWBE Utilization Plan; ii. If a Contractor fails to submit a written remedy to a notice of deficiency in a MWBE Utilization Plan; iii. If a Contractor fails to submit a request for waiver; or iv. If the MWBE Program Office determines that the Contractor has failed to document Good Faith Efforts. (g) Contractor agrees to use such MWBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in Section III-A of this Appendix. (h) 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, SUNY shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsiveness.