Common use of Xxxxxx's Failure to Comply Clause in Contracts

Xxxxxx's Failure to Comply. The Department's acceptance of the Apparent Low Bidder's proposal is conditioned upon the Apparent Low Bidder's fulfillment of the D/M/WBE utilization requirements. If the Apparent Low Bidder fails to submit a complete D/M/WBE utilization package within 7 calendar days after the bid opening and/or fails to attain the D/M/WBE utilization goal(s) and to satisfactorily document its good faith efforts, the bid may be declared incomplete and the deposit may be subject to forfeiture pursuant to §103-02 Execution of Contract. The Apparent Low Bidder, upon receipt of written notification of its failure to comply with the D/M/WBE utilization requirements shall have 5 work days to carry out the corrective action(s) described in the notification. If the Department determines that the Apparent Low Bidder has failed to meet the good faith effort requirements, the Department will, before awarding the contract, provide the Apparent Low Bidder an opportunity for administrative reconsideration by an official who did not take part in the original determination that the Apparent Low Bidder failed to meet the goal(s) or make adequate good faith efforts to do so. As part of this reconsideration, the Apparent Low Bidder shall have the opportunity to provide written documentation or argument and to meet in person with the Department=s reconsideration official concerning the issue of whether it met the goal(s) or made adequate good faith efforts to do so. The Department will send the Apparent Low Bidder a written decision on reconsideration, explaining the basis for finding that the Apparent Low Bidder did or did not meet the goal(s) or make adequate good faith efforts to do so.