Utilization Plans Sample Clauses

Utilization Plans a. The CONSULTANT shall submit to the OWNER a Statewide Utilization Management Plan (Utilization Plan) for each work authorization issued regardless of dollar value via the NYS Contract System. The Utilization Plan shall list all subconsultants the CONSULTANT intends to use on the contract and indicate which ones are MBE/WBE and SDVOB. The Utilization Plan shall be prepared to achieve the participation goals indicated in the Request for Proposal. b. Upon approval of the Utilization Plan, the CONSULTANT shall submit to the OWNER an original signed and notarized Utilization Plan Cover Sheet along with a copy of the approved Utilization Plan. c. The OWNER will review the Utilization Plan and will issue to the CONSULTANT a written notice of acceptance or deficiency within 20 days of its receipt. A notice of deficiency shall include (i) the name of any MBE/WBE/SDVOB which is not acceptable for the purpose of complying with the MBE/WBE/SDVOB participation goals and the reasons why it is not acceptable; (ii) elements of the CONSULTANT’s Required Services which the OWNER has determined can be reasonably structured by the CONSULTANT to increase the likelihood of participation in the Contract by MBE/WBE/SDVOBs; and (iii) other information which the OWNER determines to be relevant to the Utilization Plan. Although the MBE/WBE/SDVOB goals apply to the entire Term Contract for Professional Services, failure to achieve the required participation by work authorization could impact the receipt of future work authorizations. d. The CONSULTANT shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OWNER a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by the OWNER to be inadequate, the OWNER shall notify the CONSULTANT and direct the CONSULTANT to submit, within five (5) business days, a request for a partial or total waiver of MBE/WBE/SDVOB participation goals. Failure to file the acceptable waiver documentation in a timely manner may be grounds for disqualification of the proposal. e. The CONSULTANT who has made good faith efforts to obtain commitments from MBE/WBE/SDVOB subconsultants prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultants, may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 ...