Common use of SDVOB Utilization Plan Clause in Contracts

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their bid. B. The Utilization Plan shall list the SDVOBs that the Bidder intends to use to perform the Contract, a description of the work that the Bidder intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to OGS. C. OGS will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of OGS acceptance or issue a notice of deficiency within 20 days of receipt. D. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGS, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. E. OGS may disqualify a Bidder’s bid or proposal as being non-responsive under the following circumstances: (a) If a Bidder fails to submit an SDVOB Utilization Plan; (b) If a Bidder fails to submit a written remedy to a notice of deficiency; (c) If a Bidder fails to submit a request for waiver; or (d) If OGS determines that the Bidder has failed to document good faith efforts. F. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above. G. further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- responsibility.

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders are Contractor was required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their its bid. B. . The Utilization Plan shall must list the SDVOBs that the Bidder Contractor intends to use to perform the Contract, a description of the work that the Bidder Contractor intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder acknowledges acknowledged that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract the Contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to OGS. C. OGS will review RIOC. RIOC has reviewed the submitted SDVOB Utilization Plan and advise advised the Bidder/Contractor of OGS RIOC’s acceptance or issue issued a notice of deficiency within 20 days of receipt. D. . If a notice of deficiency is was issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS RIOC a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS RIOC to be inadequate, OGS RIOC shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGSRIOC, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification termination of the bid or proposal. E. OGS Contract. RIOC may disqualify a Bidder’s bid or proposal as being non-responsive terminated the Contract under the following circumstances: (a) : If a Bidder Contractor fails to submit an SDVOB Utilization Plan; (b) ; If a Bidder Contractor fails to submit a written remedy to a notice of deficiency; (c) ; If a Bidder Contractor fails to submit a request for waiver; or (d) or If OGS RIOC determines that the Bidder Contractor has failed to document good faith efforts. F. If awarded a Contract, . Contractor hereby certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above. G. . Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS RIOC shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- non-responsibility.

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders Contractors are required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their bid. B. The Utilization Plan shall list the SDVOBs that the Bidder Contractor intends to use to perform the Contract, a description of the work that the Bidder Contractor intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder Contractor acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to OGSAGM. C. OGS AGM will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of OGS AGM acceptance or issue a notice of deficiency within 20 days of receipt. D. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS AGM a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS AGM to be inadequate, OGS AGM shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGSAGM, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. E. OGS AGM may disqualify a BidderContractor’s bid or proposal as being non-responsive under the following circumstances: (a) If a Bidder Contractor fails to submit an SDVOB Utilization Plan; (b) If a Bidder Contractor fails to submit a written remedy to a notice of deficiency; (c) If a Bidder Contractor fails to submit a request for waiver; or (d) If OGS AGM determines that the Bidder Contractor has failed to document good faith efforts. F. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above. G. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS AGM shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- non-responsibility.

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders Contractors are required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their bid. B. The Utilization Plan shall list the SDVOBs that the Bidder Contractor intends to use to perform the Contract, a description of the work that the Bidder Contractor intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work Contractwork the SDVOB will perform. By signing the Utilization Plan, the Bidder Contractor acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to OGSthe Department. C. OGS The Department will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of OGS the Department acceptance or issue a notice of deficiency within 20 days of receipt. D. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS the Department a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS the Department to be inadequate, OGS the Department shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGSthe Department, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. E. OGS The Department may disqualify a Bidderthe Contractor’s bid or proposal as being non-non- responsive under the following circumstances: (a) If a Bidder the Contractor fails to submit an SDVOB Utilization Plan; (b) If a Bidder the Contractor fails to submit a written remedy to a notice of deficiency; (c) If a Bidder the Contractor fails to submit a request for waiver; or (d) If OGS the Department determines that the Bidder Contractor has failed to document good faith efforts. F. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above. G. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS the Department shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- responsibility.

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders are required Contractor agrees to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their bidat such time as shall be required by the Department. B. The Utilization Plan shall list the SDVOBs that the Bidder Contractor intends to use to perform the ContractAgreement, a description of the work that the Bidder Contractor intends the SDVOB to perform to meet the goals on the ContractAgreement, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder Contractor acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract the Agreement for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract Agreement must be reported on a revised SDVOB Utilization Plan and submitted to OGSthe Department. C. OGS The Department will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of OGS the Department’s acceptance or issue a notice of deficiency within 20 days of receipt. D. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS the Department a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS the Department to be inadequate, OGS the Department shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGSthe Department, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification a determination of non- responsibility by the bid or proposalDepartment. E. OGS The Department may disqualify a Bidder’s bid or proposal as being deem Contractor non-responsive under the following circumstances: (a) 1. If a Bidder Contractor fails to submit an SDVOB Utilization Plan; (b) 2. If a Bidder Contractor fails to submit a written remedy to a notice of deficiency; (c) 3. If a Bidder Contractor fails to submit a request for waiver; or (d) 4. If OGS the Department determines that the Bidder Contractor has failed to document good faith efforts. F. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract Agreement pursuant to the prescribed SDVOB contract goals set forth above. G. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the ContractAgreement. Upon the occurrence of such a material breach, OGS the Department shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- responsibility.

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their bid. B. The Utilization Plan shall list the SDVOBs that the Bidder intends to use to perform the Contract, a description of the work that the Bidder intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to OGS. C. OGS will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of OGS acceptance or issue a notice of deficiency within 20 days of receipt. D. If a notice of deficiency is issued, BidderXxxxxx/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGS, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. E. OGS may disqualify a Bidder’s bid or proposal as being non-responsive under the following circumstances: (a) If a Bidder fails to submit an SDVOB Utilization Plan; (b) If a Bidder fails to submit a written remedy to a notice of deficiency; (c) If a Bidder fails to submit a request for waiver; or (d) If OGS determines that the Bidder has failed to document good faith efforts. F. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above. G. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- non-responsibility.

SDVOB Utilization Plan. A. i. In accordance with 9 NYCRR § 252.2(i), Bidders are Contractor was required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their its bid. B. ii. The Utilization Plan shall must list the SDVOBs that the Bidder Contractor intends to use to perform the Contract, a description of the work that the Bidder Contractor intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder acknowledges acknowledged that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract the Contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to OGSRIOC. C. OGS will review iii. RIOC has reviewed the submitted SDVOB Utilization Plan and advise advised the Bidder/Contractor of OGS RIOC’s acceptance or issue issued a notice of deficiency within 20 days of receipt. D. iv. If a notice of deficiency is was issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS RIOC a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS RIOC to be inadequate, OGS RIOC shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGSRIOC, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification termination of the bid or proposalContract. E. OGS v. RIOC may disqualify a Bidder’s bid or proposal as being non-responsive terminated the Contract under the following circumstances: (a1) If a Bidder Contractor fails to submit an SDVOB Utilization Plan; (b2) If a Bidder Contractor fails to submit a written remedy to a notice of deficiency; (c3) If a Bidder Contractor fails to submit a request for waiver; or (d4) If OGS RIOC determines that the Bidder Contractor has failed to document good faith efforts. F. If awarded a Contract, vi. Contractor hereby certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above. G. vii. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS RIOC shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- non-responsibility.

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders Contractors are required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 OCSD-4 with their bid. B. The Utilization Plan shall list the SDVOBs that the Bidder Contractor intends to use to perform the ContractAgreement, a description of the work that the Bidder Contractor intends the SDVOB to perform to meet the goals on the ContractAgreement, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder Contractor acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract Agreement award and during the term of the Contract Agreement must be reported on a revised SDVOB Utilization Plan and submitted to OGSESD. C. OGS ESD will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of OGS ESD’s acceptance or issue a notice of deficiency within 20 days of receipt. D. If a notice of deficiency is issued, Bidder/the Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS ESD a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS ESD to be inadequate, OGS ESD shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGSESD, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200OCSD-5. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. E. OGS ESD may disqualify a BidderContractor’s bid or proposal as being non-responsive under the following circumstances: (a) If a Bidder Contractor fails to submit an SDVOB Utilization Plan; (b) If a Bidder Contractor fails to submit a written remedy to a notice of deficiency; (c) If a Bidder Contractor fails to submit a request for waiver; or (d) If OGS ESD determines that the Bidder Contractor has failed to document good faith efforts. F. If awarded a Contract, the Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract Agreement pursuant to the prescribed SDVOB contract goals set forth above. G. The Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the ContractAgreement. Upon the occurrence of such a material breach, OGS ESD shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- non-responsibility.

SDVOB Utilization Plan. A. ‌ 1. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their bid. B. 2. The Utilization Plan shall list the SDVOBs that the Bidder intends to use to perform the ContractState Agency and Authority Authorized User Agreements in the Regions being bid, a description of the Contract scope of work that the Bidder intends the SDVOB to perform to meet the goals on the OGS Contract, the estimated or, if known, actual dollar amounts to be paid to an SDVOBthe SDVOBs, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the SDVOB Utilization Plan, the Bidder acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to OGS. C. 3. OGS will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of OGS acceptance or issue a notice of deficiency within 20 days of receipt. D. 4. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to OGS a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by OGS, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. E. 5. OGS may disqualify a Bidder’s bid or proposal as being non-responsive under the following circumstances: (a) a. If a Bidder fails to submit an SDVOB Utilization Plan; (b) b. If a Bidder fails to submit a written remedy to a notice of deficiency; (c) c. If a Bidder fails to submit a request for waiver; or (d) d. If OGS determines that the Bidder has failed to document good faith efforts. F. 6. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above. G. 7. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS shall be entitled to any remedy provided herein, including including, but not limited to, a finding of Contractor non- non-responsibility.

SDVOB Utilization Plan. A. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a completed SDVOB Utilization Plan (on Form AAP 19) within 10 calendar days after letting to the Office of Construction using the Department’s approved civil rights reporting software, Equitable Business Opportunity Solution (EBO). The SDVOB 100 Utilization Plan (AAP 19) shall include all commitments identified at the time of letting. For Design Build contracts, Proposers shall submit a completed SDVOB Utilization Plan (AAP 19) with their bidproposal. B. The SDVOB Utilization Plan (AAP 19) shall list the SDVOBs that the Bidder intends to use to perform the Contract, a description of the work that the Bidder intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing submitting the SDVOB Utilization PlanPlan (AAP 19), the Bidder acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a SDVOB Utilization Plan (AAP 19) is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan (AAP 19) and submitted to OGSthe Department for approval. C. OGS The Department will review the submitted SDVOB Utilization Plan (AAP 19) and advise the Bidder/Contractor of OGS Department acceptance or issue a notice of deficiency within 20 days of receipt. D. If a notice of deficiency is issued, Bidder/Contractor the Bidder agrees that it shall respond to the notice of deficiency, within seven 7 business days of receipt, by submitting to OGS the Department a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS the Department to be inadequate, OGS the Department shall notify the Bidder/Contractor and direct the Bidder/Contractor Bidder to submit, within five 5 business days of notification by OGSthe Department, a request for a partial or total waiver of SDVOB participation goals on the Department’s SDVOB 200waiver form. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. E. OGS The Department may disqualify a Bidder’s bid or proposal as being non-responsive under the following circumstances: (a) If a Bidder fails to submit an a SDVOB Utilization PlanPlan (AAP 19); (b) If a Bidder fails to submit a written remedy to a notice of deficiency; (c) If a Bidder fails to submit a request for waiver; or (d) If OGS the Department determines that the Bidder has failed to document good faith efforts. F. If awarded a Contract, the Contractor certifies that it will follow the submitted SDVOB Utilization Plan (AAP 19) for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth abovegoals. G. The Contractor further agrees that a failure to use SDVOBs as agreed in the SDVOB Utilization Plan (AAP 19) shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS the Department shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- non-responsibility.