Common use of MWBE Waiver Form, PROC-3 Clause in Contracts

MWBE Waiver Form, PROC-3. A. If the Contractor, after making good faith efforts, is unable to achieve the MWBE Contract Goals stated in the solicitation document and the Contract, the Contractor may submit a request for a waiver to the Agency(ies). Such waiver request must be supported by evidence of the Contractor’s good faith efforts to achieve the maximum feasible MWBE participation towards the applicable MWBE Contract Goals. If the documentation included with the waiver request is complete, the Agency(ies) shall evaluate the request and issue a written notice of approval or denial within twenty (20) business days of receipt. B. If the Agency(ies), upon review of the MWBE Utilization Plan, quarterly MWBE Cumulative Payment Statement Reports described in Section VI, or any other relevant information, determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals, and no waiver has been issued in regards to such non-compliance, the Agency(ies) may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals.