WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document NYC~DEP Information Por Bidders and Supply & Service Agreement (Rev._ 11/93) C. Qualified Jomt Venture. A joint venture between one or more certified MBEs or WBEs and another person, in which the percentage of profit to which the certified firm or firms is entitled for participation in the comract, as set forth in the written joint venture agreement, is at least 25% of the total profit. 3. M/WRE rss A. A contractor shall not make any change in the participation of certified MBEs and/or WBEs set forth in its contractor utilization pian except with the approval of the agency as set forth in section four below. Application to the contracting agency for permission to make any change or substitution in 2 contractor utilization plan shall be made in writing and shall provide an explanation for such request. The contractor shall certify that 2 copy of such request plan for which it is requesting permission to award jess work than was indicated in such plan. period established for such purpose in Schedule _ of the Contract, provided that if the contracting agency has failed to make a determination within such time and the parties have not agreed to extend the nme allowed for such purpose, the contractor’s request shall be deemed to have been denied. If a contractor’s request has been- denied, the contractor may seek further consideration by following the procedure for dispute resolution set forth in the rules of the Procurement Policy Board. - B. The contractor shall submit compliance reports in a form required by the agency at the following points during performance of the contract. 2372. 20%, 73% 3% ©. If this contract was awarded subject to a requirement that the contractor identify after the date of award the certified firms that will participate in the contract, no credit Shall be given to the contractor for the participation of an MBE or WBE that is not certified before the date that such firms must be identified, as specified in the contract. 4. Post A Modificati . A. Post award modifications shall not be granted absent clear and convincing evidence that the contractor has made all reasonable efforts to obtain participation of certified MBEs and WBEs to meet the utilization requirements set forth in its contractor utilization plan. B. A request for a post award modification shall not be granted or denied without the approval of the City Chief Procurement Officer. C. A contractor may request the contracting agency to grant a post award modification of the utilization requirements established in its contractor utilization plan, upon 56 NYC-WTGC_000154189