(a) The MIR date shall be adjusted whenever, in the case of final payments on highway construction contracts, the Commissioner of Transportation determines that the contractor has failed to properly submit the necessary documents and other submissions prescribed by the contract specifications and requirements, by the provisions of subdivision 8 of section 38 of the Highway Law, and all other applicable State and Federal laws in order to enable the Department of Transportation to process the final payment properly and expeditiously.

(b) The Commissioner of Transportation shall send written notice to the contractor of his failure to submit the necessary documents and material. The notice shall indicate all documents and other submissions required by the agency.

(c) The MIR date shall be the original MIR date increased by a number of days equal to the number of days between the date that the Commissioner of Transportation sends written notice to the contractor of his failure to submit the necessary documents and material and the date that the agency receives the necessary documents and submissions.