MWBE Waiver Form, PROC-3 Sample Clauses

The MWBE Waiver Form, PROC-3, is a contractual provision that allows a contractor or vendor to formally request an exemption from meeting the established Minority and Women-owned Business Enterprise (MWBE) participation goals on a project. To utilize this clause, the contractor must submit documentation demonstrating good faith efforts to comply with MWBE requirements, such as evidence of outreach to certified MWBE firms or explanations of why participation was not feasible. This clause serves to provide flexibility in procurement processes, ensuring that contractors are not unfairly penalized when MWBE goals cannot be met despite diligent efforts, while still upholding the intent of promoting diversity in contracting.
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MWBE Waiver Form, PROC-3. A. If the Contractor, after making good faith efforts, is unable to achieve the MWBE Contract Goals stated in the solicitation document and the Contract, the Contractor may submit a request for a waiver to the Agency(ies). Such waiver request must be supported by evidence of the Contractor’s good faith efforts to achieve the maximum feasible MWBE participation towards the applicable MWBE Contract Goals. If the documentation included with the waiver request is complete, the Agency(ies) shall evaluate the request and issue a written notice of approval or denial within twenty (20) business days of receipt. B. If the Agency(ies), upon review of the MWBE Utilization Plan, quarterly MWBE Cumulative Payment Statement Reports described in Section VI, or any other relevant information, determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals, and no waiver has been issued in regards to such non-compliance, the Agency(ies) 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.
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