21 CRR-NY 1004.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER XXI. METROPOLITAN TRANSPORTATION AUTHORITY
SUBCHAPTER A. ALL-AGENCY RULES AND REGULATIONS
PART 1004. DEBARMENT OF CONTRACTORS
21 CRR-NY 1004.2
21 CRR-NY 1004.2
1004.2 Definitions.
As used in this Part, the following terms shall have the following meanings unless otherwise specified:
(a) Authority means the Metropolitan Transportation Authority, the Long Island Rail Road Company, the Metro-North Commuter Railroad Company, the Staten Island Rapid Transit Operating Authority, MTA Bus Company, MTA Construction & Development Company, the New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority, or the Triborough Bridge and Tunnel Authority, or any combination thereof.
(b) Contract means an enforceable agreement including a task order entered into by a contractor and the authority for goods or services entered into after April 12, 2019, in connection with a capital element in an approved capital program plan or a non-capital related agreement, having a value in excess of $25 million. A contract does not include routine inventory purchases or any contract entered into by the authority with a participant in the Authority’s Small Business Mentoring Program.
(c) Contractor means any person, partnership, firm, corporation, or association, including any consultant, supplier or vendor, with whom the authority has directly entered into a contract, but shall not include the Federal government, a State agency, any public authority or public benefit corporation, or any unit of local government.
(d) Debar or debarment means the prohibition of a contractor from responding to any contract solicitation of or entering into any contract with the authority for five years from ratification of a debarment determination as provided in section 1004.6 of this Part.
(e) Contract modification means amendments, change orders, additional work orders, or modifications with respect to a contract that are executed in accordance with the terms and conditions of such contract including without limitation extensions of deadlines for excusable delay.
(f) Substantially complete, unless otherwise defined in the contract at issue, means the contractor’s completion of the work as necessary for the authority’s beneficial use of the applicable project or improvements or the authority’s acceptance of those goods or services required to be delivered by a deadline.
(g) Total adjusted time frame means the period that a contract provides for a contractor to substantially complete its obligations under the contract. With respect to a contract that includes both design and/or construction services and operation and /or maintenance services, the total adjusted time frame includes only the time that the contract provides for the contractor to substantially complete the design and/or construction services. With respect to contracts for services or for manufacture or supply of materials, equipment, or rolling stock, any of which must be delivered by a deadline, the total adjusted time frame applies to each period that the contract provides for such delivery. In all cases, the total adjusted time frame shall include any adjustments required by the contract for excusable delays, accelerations, scope increases and reductions, or unforeseen circumstances.
(h) Total adjusted contract value means the original awarded amount of the contract plus or minus the aggregate net amount of all contract modifications.
(i) Unforeseen circumstance means an unexpected event or situation that is not reasonably anticipated by a contractor exercising due diligence given existing knowledge of industry practice.
21 CRR-NY 1004.2
Current through May 15, 2021
End of Document