Specifications

Page 11 of 15
Solicitation XXX – Appendix _ - Sample Contract
Service Provided
Location
B. If the OGS, upon review of the MWBE Utilization Plan and updated Quarterly MWBE
Contractor Compliance Reports determines that Contractor is failing or refusing to
comply with the Contract goals and no waiver has been issued in regards to such
non-compliance, the OGS may issue a notice of deficiency to the Contractor. The
Contractor must respond to the notice of deficiency within seven (7) business days of
receipt. Such response may include a request for partial or total waiver of MWBE
Contract Goals.
VI. Monthly MWBE Contractor Compliance Report
Contractor is required to submit a Monthly MWBE Contractor Compliance Report (Form
MWBE 102) to OGS by the 10th day of the month during the term of the Contract
documenting the progress made towards achievement of the MWBE goals of the
Contract.
VII. Liquidated Damages - MWBE Participation
A. Where OGS determines that Contractor is not in compliance with the requirements of
the Contract and Contractor refuses to comply with such requirements, or if
Contractor is found to have willfully and intentionally failed to comply with the MWBE
participation goals, Contractor shall be obligated to pay to the OGS liquidated
damages.
B. Such liquidated damages shall be calculated as an amount equaling the difference
between:
1. All sums identified for payment to MWBEs had the Contractor achieved the
contractual MWBE goals; and
2. All sums actually paid to MWBEs for work performed or materials supplied
under the Contract.
C. In the event a determination has been made, after Contractor has been afforded the
process that it is due, which requires the payment of liquidated damages and such
identified sums have not been withheld by the OGS, Contractor shall pay such
liquidated damages to the OGS within sixty (60) days after such determination
unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint
with the Director of the Division of Minority and Woman Business Development
pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the
liquidated damages shall be payable if Director renders a decision in favor of the
OGS.