Common use of Request for Waiver Clause in Contracts

Request for Waiver. 1. In accordance with 5 NYCRR § 142.7, a Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause D below, may submit a request for a partial or total waiver to a State Agency Authorized User on that State Agency Authorized User’s waiver form for Mini-bid Project Definitions, accompanied by supporting documentation, at the same time it submits its MWBE Utilization Plan in response to a Mini-bid Project Definition. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by the State Agency Authorized User at that time, the provisions of clauses B(2)(c) & (d) and C(3) will apply. 2. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its State Agency Authorized User Mini-bid MWBE Utilization Plan, during the performance of the State Agency Authorized User Mini-bid Agreement. Requests for a partial or total waiver of established goal requirements made subsequent to State Agency Authorized User Mini-bid Agreement may be made at any time during the term of the State Agency Authorized User Mini-bid Agreement to the State Agency Authorized User (not OGS), but must be made no later than prior to the submission of a request for final payment on the State Agency Authorized User Mini-bid Agreement. 3. Prior to submission of a request for a partial or total waiver on this Solicitation, Bidder/Contractor shall speak to the Designated Contacts of the OGS Office for Minority- and Women-Owned Businesses and Community Relations identified on the front page of the solicitation for guidance.