Common use of Request for Waiver Clause in Contracts

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 131 contracts

Samples: Contract Pb153aa, Agreement for Photovoltaic Systems and Installation Services, Agreement for Photovoltaic Systems and Installation Services

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Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports Reports, determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) 7 business days of receipt. Such response may include a request for partial or total waiver of MWBE contract goals.

Appears in 104 contracts

Samples: Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for the Acquisition of Information Technology Commodities and/or Services

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Businesses and Community Relations for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 54 contracts

Samples: Contract Pb153aa, Fuel Supply Agreement, Fuel Supply Agreement

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Diversity for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333333.1, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If X. Xx OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports Reports, determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) 7 business days of receipt. Such response may include a request for partial or total waiver of MWBE contract goals.

Appears in 49 contracts

Samples: Fourth Amendment to Contract Number Pm20920, Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for Information Technology Commodities and/or Services

Request for Waiver. A. Prior X. Xxxxx to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the at OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333333.1S, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If X. Xx OGS, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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 SDVOB contract goals.. Waiver requests should be sent to XXX.xx.XXXXxxxxxxxxx@xxx.xx.xxx

Appears in 49 contracts

Samples: Fourth Amendment to Contract Number Pm20920, Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for Information Technology Commodities and/or Services

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If X. Xx OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 12 contracts

Samples: Contract Pb177aa, Contract Pb094aa, Contract Pb096aa

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If X. Xx OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports Reports, determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) 7 business days of receipt. Such response may include a request for partial or total waiver of MWBE contract goals.

Appears in 11 contracts

Samples: Contract for the Acquisition of Information Technology Commodities and/or Services, Contract Amendment, Contract Amendment

Request for Waiver. A. 1. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. 2. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII 2.32.7. below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C2.32.5(3), (D4) & (E5) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. 3. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. 4. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 9 contracts

Samples: Contract for Security Guard Services and Fire Safety Directors, Contract for Security Guard Services and Fire Safety Directors, Contract for Security Guard Services and Fire Safety Directors

Request for Waiver. A. Prior X. Xxxxx to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the at OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If X. Xx OGS, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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 SDVOB contract goals. Waiver requests should be sent to XXX.xx.XX_XxxxxxxxxxXxxxxxxxxx@xxx.xx.xxx .

Appears in 7 contracts

Samples: Agreement for Industrial and Commercial Supplies and Equipment, Agreement for Industrial and Commercial Supplies and Equipment, Agreement for Industrial and Commercial Supplies and Equipment (Statewide)

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Businesses and Community Relations for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If X. Xx OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 6 contracts

Samples: Solar Power Purchase Agreement, Contract Pb096aa, Contract Pb143aa

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Diversity for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333333.1, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports Reports, determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) 7 business days of receipt. Such response may include a request for partial or total waiver of MWBE contract goals.

Appears in 6 contracts

Samples: Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for Information Technology Commodities and/or Services

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the at OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333333.1S, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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 SDVOB contract goals.. Waiver requests should be sent to XXX.xx.XXXXxxxxxxxxx@xxx.xx.xxx

Appears in 6 contracts

Samples: Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for Information Technology Commodities and/or Services

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises at RIOC for guidance. B. . In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who contractor that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentation. A Bidder contractor may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS RIOC at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS RIOC shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. . Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGSRIOC, but must be made no later than prior to the submission of a request for final payment on the Contract. D. . If OGSRIOC, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS RIOC 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 SDVOB contract goals. Waiver requests should be sent to RIOC.

Appears in 5 contracts

Samples: Standard Form Contract for Services, Construction Contract, Standard Form Contract for Services

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Businesses and Community Relations for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days Business Days of receipt. Such response may include a request for partial or total waiver of MWBE contract goals.

Appears in 4 contracts

Samples: Media Buying Services Agreement, Media Buying Services Agreement, Media Buying Services Agreement

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Diversity for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor landlord, licensor, permittor, tenant, lessee, licensee or permittee who is able to document good faith efforts Good Faith Efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder landlord, licensor, permittor, tenant, lessee, licensee or permittee may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS the Lessor at that time, the provisions of clauses V(CV (C), (D) & (E) of this section will apply. If the documentation included with the Bidder’s/Contractorlandlord, licensor, permittor, tenant, lessee, licensee or /permittee’s waiver request is complete, OGS the Lessor shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contractthis Lease, License, Permit or other transfer of interests in real property. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award the execution of this Lease, License, Permit or other transfer of interests in real property may be made at any time during the term Term of this Lease, License, Permit or other transfer of interests in real property to the Contract to OGSLessor, but must be made no later than prior to the submission of a request for final payment on the Contractthis Lease, License, Permit or other transfer of interests in real property. D. If OGSthe Lessor, upon review of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports Reports, determines that Contractor the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee is failing or refusing to comply with the contract goals stated in this Lease, License, Permit or other transfer of interests in real property and no waiver has been issued in regards to such non-compliance, OGS the Lessor may issue a notice of deficiency to the ContractorLandlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee. The Contractor Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee 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 goalsgoals stated in this Lease, License, Permit or other transfer of interests in real property.

Appears in 3 contracts

Samples: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to contact the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises SDVOB liaison at Xxxxxx.Xxxxxxxxx@xxxxxxxxxxx.xx.xxx for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentation. A Bidder Contractor may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS AGM at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS AGM shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGSAGM, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGSAGM, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-non- compliance, OGS AGM 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 SDVOB contract goals. Xxxxxx requests should be sent at the time of bid submission.

Appears in 3 contracts

Samples: Marketing and Advertising Agreement, Marketing, Advertising, and Public Relations Services Agreement, Parking Management Services Agreement

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to contact the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises SDVOB liaison at Xxxxxx.Xxxxxxxxx@xxxxxxxxxxx.xx.xxx for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentation. A Bidder Contractor may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS AGM at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS AGM shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGSAGM, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGSAGM, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-non- compliance, OGS AGM 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 SDVOB contract goals. Waiver requests should be sent at the time of bid submission.

Appears in 2 contracts

Samples: Contract Agreement, Emergency Medical and Infirmary Services Agreement

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Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports Reports, determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 2 contracts

Samples: Piggyback Contract for Commodities, Contract Ps66689

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Department’s Supplier Diversity Liaison for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentation. A Bidder Contractor may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS the Department at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS the Department shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the ContractAgreement. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract Agreement to OGS, the Department but must be made no later than prior to the submission of a request for final payment on the ContractAgreement. D. If OGSthe Department, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101), determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS the Department 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 SDVOB contract goals. Waiver requests should be sent to the Department.

Appears in 2 contracts

Samples: Emergency Medical and Infirmary Services Agreement, Lawn Care Services Agreement

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall must speak to the Designated Contacts of in the OGS Office of Minority- and Women-Owned Business Enterprises Division for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentationDocumentation. A Bidder may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation Documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall must evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. Contractor shall must attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract Contract goals and no waiver has been issued in regards regard to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days Business Days of receipt. Such response may include a request for partial or total waiver of MWBE contract SDVOB Contract goals. Waiver requests musts be sent to xxx.xx.xx_xxxxx@xxx.xx.xxx.

Appears in 1 contract

Samples: Hourly Based Information Technology Services Agreement

Request for Waiver. A. ‌ 1. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. 2. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII 2.32.7. below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C2.32.5(3), (D4) & (E5) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. 3. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. 4. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 1 contract

Samples: Contract for Security Guard Services and Fire Safety Directors

Request for Waiver. A. 1. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. 2. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII 2.32.7. below, may submit a request for a partial or total waiver on Form BDC BOC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C2.32.5(3), (D4) & (E5) will apply. If the documentation included with the Bidder’sBidder's/Contractor’s 's waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt. C. 3. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. 4. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no Group 71011 Award 23106 Security Guard SeNices (Statewide) and Fire Safety/EAP Directors (Region 1) First Alert Security Services, Inc. Contract #PS68262 PAGE 25 waiver has been issued in regards to such non-compliance, OGS 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.

Appears in 1 contract

Samples: Contract for Security Guard Services and Fire Safety Directors

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises Department’s Supplier Diversity Liaison for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentation. A Bidder Contractor may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS the Department at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS the Department shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the ContractAgreement. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract Agreement to OGS, the Department but must be made no later than prior to the submission of a request for final payment on the ContractAgreement. D. If OGSthe Department, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101), determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS the Department 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 SDVOB contract goals. Waiver requests should be sent to the Department’s Supplier Diversity Liaison.

Appears in 1 contract

Samples: Marketing and Advertising Agreement

Request for Waiver. A. i. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises at RIOC for guidance. B. ii. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who contractor that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333SDVOB 200, accompanied by supporting documentation. A Bidder contractor may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS RIOC at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS RIOC shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. iii. Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGSRIOC, but must be made no later than prior to the submission of a request for final payment on the Contract. D. iv. If OGSRIOC, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS RIOC 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 SDVOB contract goals. v. Waiver requests should be sent to RIOC.

Appears in 1 contract

Samples: Construction Contract

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/the Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises OCSD at ESD for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333OCSD-5, accompanied by supporting documentation. A Bidder Contractor may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization Plan. If a request for waiver is submitted with the MWBE SDVOB Utilization Plan and is not accepted by OGS ESD at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS ESD shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. The Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization Plan, during the performance of the ContractAgreement. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract Agreement to OGSESD, but must be made no later than prior to the submission of a request for final payment on the ContractAgreement. D. If OGSESD, upon review of the MWBE SDVOB Utilization Plan and Monthly MWBE Contractor SDVOB Compliance Reports Report (OCSD-6) determines that the Contractor is failing or refusing to comply with the contract Agreement goals and no waiver has been issued in regards to such non-compliance, OGS ESD 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 SDVOB contract goals. Waiver requests should be sent to OCSD.

Appears in 1 contract

Samples: Short Form Contract for Materials/Services

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, the Bidder/Contractor shall speak to contact the Designated Contacts of the OGS Department’s Office of Minority- and Women-Owned Business Enterprises Civil Rights for guidance. B. In accordance with 5 9 NYCRR § 142.7252.2(m), a Bidder/Contractor who that is able to document good faith efforts to meet the goal requirements, as set forth in clause VII IV below, may submit a request for a partial or total waiver on Form BDC 333the Department’s SDVOB waiver form, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE SDVOB Utilization PlanPlan (AAP 19). If a request for waiver is submitted with the MWBE SDVOB Utilization Plan (AAP 19) and is not accepted by OGS the Department at that time, the provisions of clauses V(CII (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS the Department shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business 20 days of receipt. C. The Contractor shall attempt to utilize, in good faith, any MBE or WBE the SDVOBs identified within its MWBE SDVOB Utilization PlanPlan (AAP 19), during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGSthe Department, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGSthe Department, upon review of the MWBE SDVOB Utilization Plan (AAP 19) and Monthly MWBE monthly SDVOB Contractor Compliance Reports report(s) as documented in EBO, determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-non- compliance, OGS the Department may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) 7 business days of receipt. Such response may include a request for partial or total waiver of MWBE SDVOB contract goals. The Department’s SDVOB waiver form and other SDVOB program information can be found at: xxxxx://xxx.xxx.xx.xxx/main/business-center/civil-rights/sdvob-program.

Appears in 1 contract

Samples: Design Build Contract

Request for Waiver. A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office of Minority- and Women-Owned Business Enterprises for guidance. B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written Written notice of acceptance or denial within twenty (20) business days Business Days of receipt. C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports Reports, determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days Business Days of receipt. Such response may include a request for partial or total waiver of MWBE contract goals.

Appears in 1 contract

Samples: Piggyback Contract

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