Common use of Utilization Plans Clause in Contracts

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 of the submittal in the NYS Contract System.. Additional documentation of good faith efforts may be required upon review by the OWNER. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER at that time, the provisions of clauses 11.2.2 and 11.2.3, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT may submit a second request for waiver as directed by the OWNER. f. If the CONSULTANT does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER determines that the Utilization Plan does not indicate that the MBE/WBE/SDVOB participation goals will be met and/or that the CONSULTANT has failed to document good faith efforts, the OWNER may disqualify the CONSULTANT as being not- responsible. g. The CONSULTANT shall make every effort to utilize, in good faith, any MBE/WBE/SDVOB identified within its Utilization Plan, as approved by the OWNER, at least to the extent indicated in the approved Plan.

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 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 ServicesContract, 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 MBEM/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 Subconsultants prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultantsSubconsultants, may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 of the submittal in the NYS Contract System.. Additional documentation of good faith efforts may be required upon review by the OWNERXXXXX. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER at that time, the provisions of clauses 11.2.2 and 11.2.3, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT may submit a second request for waiver as directed by the OWNER. f. If the CONSULTANT does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER determines that the Utilization Plan does not indicate that the MBE/WBE/SDVOB participation goals will be met and/or that the CONSULTANT has failed to document good faith efforts, the OWNER may disqualify the CONSULTANT as being not- not-responsible. g. The CONSULTANT shall make every effort to utilize, in good faith, any MBE/, WBE/, or SDVOB identified within its Utilization Plan, as approved by the OWNER, at least to the extent indicated in the approved Plan.

Utilization Plans. a. 11.2.1. The CONSULTANT Professional shall submit to the OWNER Owner a Statewide final Utilization Management Plan (Utilization Plan) for each work authorization issued regardless on forms provided in the RFP by the Owner within ten days of dollar value via the NYS Contract Systemnotification of selection. The Utilization Plan shall list all subconsultants Subconsultants and suppliers the CONSULTANT Professional intends to use on the contract Contract For Professional Services and indicate which ones are MBEM/WBE and SDVOBWBEs. 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. 11.2.2. The OWNER Owner will review the Utilization Plan and will issue to the CONSULTANT Professional a written notice of acceptance or deficiency within 20 days of its receipt. A notice of deficiency shall include (i) the name of any MBEM/WBE/SDVOB WBE which is not acceptable for the purpose of complying with the MBEM/WBE/SDVOB WBE participation goals and the reasons why it is not acceptable; (ii) elements of the CONSULTANTProfessional’s Required Services which the OWNER Owner has determined can be reasonably structured by the CONSULTANT Professional to increase the likelihood of participation in the Contract For Professional Services by MBEM/WBE/SDVOBsWBEs; and (iii) other information which the OWNER 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. 11.2.3. The CONSULTANT Professional shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OWNER 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 Owner to be inadequate, the OWNER Owner shall notify the CONSULTANT Professional and direct the CONSULTANT Professional to submit, within five (5) business days, a request for a partial or total waiver of MBEM/WBE/SDVOB WBE participation goalsgoals on forms provided by the Owner. Failure to file the acceptable waiver documentation form in a timely manner may be grounds for disqualification of the proposal. e. 11.2.4. The CONSULTANT Professional who has made good faith efforts to obtain commitments from MBEM/WBE/SDVOB subconsultants WBE Subconsultants and suppliers prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultants, Plan may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 of the submittal in the NYS Contract System.. Additional documentation of good faith efforts may be required upon review by the OWNERPlan. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER Owner at that time, the provisions of clauses 11.2.2 and 11.2.3, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT Professional may submit a second request for waiver as directed by the OWNEROwner. f. 11.2.5. If the CONSULTANT Professional does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER Owner determines that the Utilization Plan does not indicate that the MBEM/WBE/SDVOB WBE participation goals will be met and/or that the CONSULTANT Professional has failed to document good faith efforts, the OWNER Owner may disqualify the CONSULTANT Professional as being not- not-responsible. g. 11.2.6. The CONSULTANT Professional shall make every effort attempt to utilize, in good faith, any MBE/WBE/SDVOB MBE or WBE identified within its Utilization Plan, as approved by the OWNER, at least to the extent indicated in the approved Plan.

Utilization Plans. a. The CONSULTANT PROFESSIONAL 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 sub-consultants the CONSULTANT PROFESSIONAL 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 PROFESSIONAL shall submit to the OWNER OWENR 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 PROFESSIONAL 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 CONSULTANTPROFESSIONAL’s Required Services which the OWNER has determined can be reasonably structured by the CONSULTANT PROFESSIONAL to increase the likelihood of participation in the Contract by MBE/WBE/SDVOBs; and (iii) other information which the OWNER OWENR determines to be relevant to the Utilization Plan. Although the MBE/WBE/SDVOB goals apply to the entire Term Contract for Professional ServicesContract, failure to achieve the required participation by work authorization could impact the receipt of future work authorizations. d. The CONSULTANT PROFESSIONAL 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 PROFESSIONAL and direct the CONSULTANT PROFESSIONAL to submit, within five (5) business days, a request for a partial or total waiver of MBEM/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 PROFESSIONAL who has made good faith efforts to obtain commitments from MBE/WBE/SDVOB subconsultants sub-consultants prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultantssub-consultants, may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 of the submittal in the NYS Contract System.. Additional documentation of good faith efforts may be required upon review by the OWNERDASNY. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER at that time, the provisions of clauses 11.2.2 and 11.2.3, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT PROFESSIONAL may submit a second request for waiver as directed by the OWNER. f. If the CONSULTANT PROFESSIONAL does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER determines that the Utilization Plan does not indicate that the MBE/WBE/SDVOB participation goals will be met and/or that the CONSULTANT PROFESSIONAL has failed to document good faith efforts, the OWNER may disqualify the CONSULTANT PROFESSIONAL as being not- not-responsible. g. The CONSULTANT PROFESSIONAL shall make every effort to utilize, in good faith, any MBE/, WBE/, or SDVOB identified within its Utilization Plan, as approved by the OWNER, at least to the extent indicated in the approved Plan.

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 sub-consultants 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 ServicesContract, 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 MBEM/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 sub-consultants prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultantssub-consultants, may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 of the submittal in the NYS Contract System.. . Additional documentation of good faith efforts may be required upon review by the OWNERDASNY. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER at that time, the provisions of clauses 11.2.2 and 11.2.3, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT may submit a second request for waiver as directed by the OWNER. f. . If the CONSULTANT does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER determines that the Utilization Plan does not indicate that the MBE/WBE/SDVOB participation goals will be met and/or that the CONSULTANT has failed to document good faith efforts, the OWNER may disqualify the CONSULTANT as being not- not-responsible. g. . The CONSULTANT shall make every effort to utilize, in good faith, any MBE/, WBE/, or SDVOB identified within its Utilization Plan, as approved by the OWNER, at least to the extent indicated in the approved Plan.

Utilization Plans. a. The CONSULTANT shall submit to the OWNER 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 sub-consultants 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 Owner an original signed and notarized Utilization Plan Cover Sheet along with a copy of the approved Utilization Plan. c. The OWNER 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 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 Owner determines to be relevant to the Utilization Plan. Although the MBE/WBE/SDVOB goals apply to the entire Term Contract for Professional ServicesContract, 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 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 Owner to be inadequate, the OWNER 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 MBEM/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 sub-consultants prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultantssub-consultants, may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 of the submittal in the NYS Contract System.. . Additional documentation of good faith efforts may be required upon review by the OWNERDASNY. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER Owner at that time, the provisions of clauses 11.2.2 and 11.2.3, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT may submit a second request for waiver as directed by the OWNEROwner. f. If the CONSULTANT does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER Owner determines that the Utilization Plan does not indicate that the MBE/WBE/SDVOB participation goals will be met and/or that the CONSULTANT has failed to document good faith efforts, the OWNER Owner may disqualify the CONSULTANT as being not- not-responsible. g. The CONSULTANT shall make every effort to utilize, in good faith, any MBE/, WBE/, or SDVOB identified within its Utilization Plan, as approved by the OWNEROwner, at least to the extent indicated in the approved Plan.

Utilization Plans. a. The CONSULTANT shall submit to the OWNER 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 sub-consultants 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 Owner an original signed and notarized Utilization Plan Cover Sheet along with a copy of the approved Utilization Plan. c. . The OWNER 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 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 Owner determines to be relevant to the Utilization Plan. Although the MBE/WBE/SDVOB goals apply to the entire Term Contract for Professional ServicesContract, 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 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 Owner to be inadequate, the OWNER 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 MBEM/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 sub-consultants prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultantssub-consultants, may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 of the submittal in the NYS Contract System.. . Additional documentation of good faith efforts may be required upon review by the OWNERXXXXX. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER Owner at that time, the provisions of clauses 11.2.2 17.D.1,c and 11.2.317.D.1.d, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT may submit a second request for waiver as directed by the OWNER. f. Owner. If the CONSULTANT does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER Owner determines that the Utilization Plan does not indicate that the MBE/WBE/SDVOB participation goals will be met and/or that the CONSULTANT has failed to document good faith efforts, the OWNER Owner may disqualify the CONSULTANT as being not- not-responsible. g. . The CONSULTANT shall make every effort to utilize, in good faith, any MBE/, WBE/, or SDVOB identified within its Utilization Plan, as approved by the OWNEROwner, at least to the extent indicated in the approved Plan.

Utilization Plans. a. The CONSULTANT Professional shall submit to the OWNER 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 sub-consultants the CONSULTANT Professional 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 Professional shall submit to the OWNER Owner an original signed and notarized Utilization Plan Cover Sheet along with a copy of the approved Utilization Plan. c. The OWNER Owner will review the Utilization Plan and will issue to the CONSULTANT Professional 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 CONSULTANTProfessional’s Required Services which the OWNER Owner has determined can be reasonably structured by the CONSULTANT Professional to increase the likelihood of participation in the Contract by MBE/WBE/SDVOBs; and (iii) other information which the OWNER Owner determines to be relevant to the Utilization Plan. Although the MBE/WBE/SDVOB goals apply to the entire Term Contract for Professional ServicesContract, failure to achieve the required participation by work authorization could impact the receipt of future work authorizations. d. The CONSULTANT Professional shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OWNER 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 Owner to be inadequate, the OWNER Owner shall notify the CONSULTANT Professional and direct the CONSULTANT Professional to submit, within five (5) business days, a request for a partial or total waiver of MBEM/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 Professional who has made good faith efforts to obtain commitments from MBE/WBE/SDVOB subconsultants sub-consultants prior to submitting its Utilization Plan, but was unsuccessful in securing any, or sufficient commitments from MBE/WBE/SDVOB subconsultantssub- consultants, may submit a request for waiver at the same time it submits its Utilization Plan by adding a justification statement in step 3 of the submittal in the NYS Contract System.. Additional documentation of good faith efforts may be required upon review by the OWNERXXXXX. If a request for waiver is submitted with the Utilization Plan and is not accepted by the OWNER Owner at that time, the provisions of clauses 11.2.2 and 11.2.3, regarding the notice of deficiency and written remedy will apply. In this case, the CONSULTANT Professional may submit a second request for waiver as directed by the OWNEROwner. f. If the CONSULTANT Professional does not submit a Utilization Plan, remedy deficiencies in a Utilization Plan, submit a request for waiver, or if the OWNER Owner determines that the Utilization Plan does not indicate that the MBE/WBE/SDVOB participation goals will be met and/or that the CONSULTANT Professional has failed to document good faith efforts, the OWNER Owner may disqualify the CONSULTANT Professional as being not- not-responsible. g. The CONSULTANT Professional shall make every effort to utilize, in good faith, any MBE/, WBE/, or SDVOB identified within its Utilization Plan, as approved by the OWNEROwner, at least to the extent indicated in the approved Plan.