WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document NYC-—DEP information For Bidders and Supply & Service Agreement {Rev._171 /93) noncompliance, and offering an oppornmity to be heard. B. In the event that the contractor-has been found to be in noncompliance with determine whether any of the following actions should be taken: . (1) Enter an agreement with the contractor allowing the contractor to cure the violation; (2) Revoke the contractor’s prequalification to bid or make proposais for future contracts for cause: {3) Petition the Office of Administrative Trials and Hearings to sespend or debar the contractor; (4) Make a finding that the contractor is in default; (5) Terminate the comract for cause: (6) Dectare the contractor to be in breach of contract; (7) Withhoid payment or reirnbursement for work done in violation of the M/WBE rules and this contract; (8) Determine not to renew the contract: (9) Assess actual and consequential damages; (10) Assess liquidated darnages or reduction of fees; liquidated damages may be based on amounts representing costs of delays in carryig out the purposes of the program established by the M/WBE rules, or in meeting the purposes of the contract, the Costs of meeting utilization goais through additional procurements, the admimistrative costs of investigation and enforcement, or other factors set forth in the contract; (11) Exercise rights under the contract to procure goods, services or construction from another contractor and charge the cost of such contract to the contractor that has been found to be in noncompliance. C. The making of any statement in any instrument submitted to a contracting agency pursuant to the M/WBE rules which contains false or misleading statement or omission shall be cause for a determination of noncompliance with the M/WBE mules, and shall be grounds for application of any applicable criminal and/or civil penalties for submitting a false imstrument or making a false statement under oath. The making of such a statement by a certified MBE or. WBE shall, in addition, be grounds for revocation of its certification. 59 NYC-WTC_000154192