5 CRR-NY 142.9NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 5. DEPARTMENT OF ECONOMIC DEVELOPMENT
CHAPTER XIV. DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT
PART 142. REQUIREMENTS AND PROCEDURES REGARDING PARTICIPATION BY CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES ON STATE CONTRACTS
5 CRR-NY 142.9
5 CRR-NY 142.9
142.9 Contractor disqualification.
(a) Where a State agency determines, after having given notice of deficiency pursuant to section 142.6(c) of this Part, that a contractor has failed to submit an acceptable utilization plan or satisfactorily document its good faith efforts, the State agency may proceed with the next ranked bidder:
(1) twelve days after sending a written notice of deficiency, as specified in section 142.6 of this Part, to the contractor, and the State agency has not received a request for an administrative hearing from the contractor;
(2) after the mailing of a notice of disqualification, specifying the grounds for such disqualification, provided that the contractor has not filed a complaint with the director; or
(3) after receiving a written notification of a resolution from the director, or a decision of the division’s hearing officer. The State agency shall serve a copy of its complaint upon the contractor by personal service or certified mail, return receipt requested.
(b) A contractor who has received a written notice of disqualification may, within five days of receipt of such a notice, file a complaint with the director pursuant to section 316 of the Executive Law. The contractor shall serve a copy of its complaint upon the director and the State agency by personal service or certified mail, return receipt requested.
5 CRR-NY 142.9
Current through October 15, 2021
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