Common use of Utilization Plan Clause in Contracts

Utilization Plan. a. In accordance with 5 NYCRR § 142.4, Contractors are required to submit a completed Utilization Plan on Form MWBE 100 with their proposal in response to the Solicitation for the Centralized Contract and in response to each State Agency Authorized User Mini-bid Project Definition. b. The Utilization Plan submitted in response to the Solicitation shall list the MWBEs the Contractor intends to use throughout the life of the Centralized Contract and a general description of the Contract scope of work or supplies the Contractor intends the MWBE to provide to meet the goals on the State Agency Authorized User Mini-Bid Project definition. In addition, for each Mini-Bid Project Definition issued by a State Agency Authorized User, Contractor shall provide to the State Agency Authorized User a Utilization Plan listing the MWBEs the Contractor intends to use throughout the life of the Mini-bid Agreement, a general description of the Mini-bid scope of work or supplies the Contractor intends each MWBE to provide to meet the 10% MWBE goal on the Mini-bid Agreement, the estimated or, if known, actual dollar amounts to be paid to each MWBE, and performance dates of each component of the Mini-bid Agreement that the Contractor intends to be performed by a MWBE. By signing the Utilization Plan, the Contractor acknowledges that making false representations or including information evidencing 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 NYS Certified MWBEs after a State Agency Authorized User Mini-bid Agreement is awarded and during the term of a State Agency Authorized User Mini-bid Agreement must be reported on a revised MWBE Utilization Plan and submitted to the applicable State Agency Authorized User. c. OGS will review the MWBE Utilization Plan submitted in response to this Solicitation and advise the Bidder of OGS’ acceptance or issue a notice of deficiency within twenty (20) days of receipt. A State Agency Authorized User will review the MWBE Utilization Plan submitted with a Mini-bid and advise the Contractor of its acceptance or issue a notice of deficiency within twenty (20) days of receipt d. If a notice of deficiency is issued, Contractor agrees that it shall respond to the notice of deficiency, within seven (7) business days of receipt, by submitting to OGS (or State Agency Authorized User on a Mini-bid Agreement) 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 or applicable State Agency Authorized User to be inadequate, OGS or the State Agency Authorized User on a Mini-bid Agreement will notify the Contractor and direct the Contractor to submit, within five (5) business days of notification, a request for a partial or total waiver of MWBE participation goals. For OGS, Bidder shall submit OGS Form BDC 333. For State Agency Mini-bid Project Definitions, Contractor shall submit that State Agency Authorized User’s waiver form. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.