WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document

WYC—PEP Information For Bidders and Supply & Service Agreement (Rev, n/93)

the foliowing grounds:

fi) The contractor could not, after faavizig made all reasxaUe efforts and suinnitting documentation of such efforts to die agency, identify sufficient certified MBEs and/x WBEs to meet die requirement; x (ii) The cootracKK- has demxstrated diat die prices offered by aU certified MBEs and/or WBEs were exploitative in that they sigrtificantiy exceed wices offered by non M/WBE’s of oonqaraUe size thereby indicating that die certified firms are attempting to earn a profit diat exceeds die levd typical in die particular industry. The contractx shall identify in writiiig die certified firms from which it stditehed-Itids x proposals, hi determining whedixthe price offered by a certified firm is exploitative, die agency shall consider die nature of die jxoduct X service ofiered by die certified finn; die geogr^ibic locatix of the ate where the work is to be perfismed and die ate where die certified firm is located; juices of similar products X services in die marka are; whether die juice offered by die oertfiied firm reflects the certified firm’s cost cti" dxng business; and evidence that discriminatix affects M/WBEs costs of doing busness in die maike involved.

D. In reviewing a request for a post award modificaUOT, die cxmtracting agency shall consider whiter it is possible for the contractcx' to adiieve the xaiii ioc requirement established for the omoact substituting pomoos of die scope of work diat diali be used for such purpose.

£. If. after having considered die contractor’s efforts to achieve the requirement. and any other efforts diat could be used to adiieve the reqnizesnent in accordarus widi die originai contractor utilization plan or a revised contractor utilizatix plan, the agency finds ment in the request for a post award modificatix. and die City Chief Procurement Officer has approved such determinatix. the agency shall reduce die requirement establidied for the extract to the extern necessary in light of the infonnatix upon which the d^erminatix to grant a modification is based.

F. The comracting agency shall make a detenninadon with re^ject to a request for a post award modification within die time set forth for such purpose in Schedule_ of this contract, provided that if the agency has not made a deienniiiation within sudi time and the parties have not agreed to extend the time for making such dettnninatiOTi, die extracting agency shall be deemed to have denied the request.

G. In determining whether a extractor has-made all reasonable efforts to obtain participatix of certified MBEs and WBEs, documenxatiext showing that die contractor has made the following efforts, as applicable, shall be considered, along with any other relevani factors:

(i) The connactor advertised oppxtunities to participaie in the contract, where appropriate, in general circulation media, trade and professional association publications and small business media, and publications of minority and women’s business organizations;

(ii) The contractor provided notice of specific opportunities to panirtpate in

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