NYC 9/11 Public Portal Document
(e) Notification of CORB Decision. The CORB shail send 2 copy of its decision to the supplier. the
ACCO, the Corporation Counsel, the Comprrolier, the CCPO, the Office of Construcnon, the PPR, and. in the case of
construction or construction-reiated services, tne Exgmeer. A decision in favor of the supplier shall be subject to the
Prompt payment provisions of the PPB Rules. The Required Payment Date shall be thirty (30) days after the date the
Parties are formaily notified of the CDRB’s decision.
® Fimaiity of CORB Decision. The CDRB’s decision shail be final anc binding on ail parties. Any party
may seek review of the CDRB’s decision soiety in the farm of a challenge, filed within four months of the date af the
CDRB’s decision, in a court of competent jurisdiction of the State of New York, County of New York pursuant to
Article 78 of the Civil Practice Law and Ruies. Such review by the court shall be limited to the question of whether or
not the CORB’s decision was mas= in violation of lawiui procedure, was affected by an error of law, or was arbitrary
and capricious or an abuse of discreuon. No evidence or mformation shall be imroduces or relied upan in such
proceeding that was not preseuted to the CORE im accorianece with Section 5-11 of the PPB Rules.
(8) Any termination. cancellation, or alieged breach of the comtract prior tour during the pendency of any
proceedings pursuant to this section shail not affect or mmpair the ability of the Agency Head or CORB to makes binding
ARTICLE 20- OMITTED WORK
If any contract work in a jump sum contract, or if any part of a lump sum item in a unit
price contract is omitied by the Commissioner, the contract price subject to audit by the
Comptroller, shall be reduced by an amount equal to the estimated cost of such omitted work,
computed in accordance with Items 1 through 9 of Article 17.1, unless the Contractor and
Commissioner can agree upon another method of fixing the value of such omitted work. if any
contract work in a unit price contract, whether the whole of 2 lump sum item or units of any
other item, is so omitted by the Commissioner, no payment will be made therefor.
ARTICLE 21 - MINORITY OWNED AND WOMEN OWNED BUSINESS ENTITY
PROGRAM
1. Contracts Subject to M/WBE Rules. If this contract has been awarded pursuant
to Chapter 3 of the Department of Business Services rules (M/WBE rules) the administration and
enforcement of M/WBE participation im this contract shall be subject to such rules.
2. Definitions. Terms used in this contract with reference to M/WBE requirements
are controlied by the definitions set out in the M/WBE rujes. For the convenience of the
contractor, three of the applicable terms are set out below.
A. Contractor Utilization Plan. The statement which must be submitted by 2
bidder, proposer or contractor to a contracting agency setting forth its pian to utilize certified
MBEs and/or WBEs in the performance of 2 City contract, as described in Sections 3-08 and
3-10 of the M/WBE rules.
B. Joint Venture. An association of limited scope and duration, berween two
or more persons who have entered a written agreement to act aS 2 contractor or subcontractor
and perform and provide services required by a contract, in which each such person contributes
property, capital, effort, skill and/or knowledge, and m which each such person is entitled to
Share in the profiss of the venture m reasonable proportion to the economic vatue of its
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