New York Codes, Rules and Regulations
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
Section 142.9 - Contractor disqualification

Universal Citation: 5 NY Comp Codes Rules and Regs § 142.9

Current through Register Vol. 46, No. 12, March 20, 2024

(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 (12) 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 (5) 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.

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