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New York Codes, Rules and Regulations
Title 21 - MiscellaneousChapter LXXIV - New York City School Construction AuthorityPart 9605 - Regulations Governing Participation By Locally Based Enterprises And Graduate Locally Based Enterprises In Construction Contracts Awarded By The New York City School Construction Authority
Locally Based Enterprise Program
Section 9605.10 - Post award monitoring

N.Y. Comp. Codes R. & Regs. tit. 21 § 9605.10

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 9605.10 - Post award monitoring
(a) The authority shall conduct on-site reviews of the contractor's compliance with the LBE/GLBE requirements. Such review may include interviews, visits to the actual construction site and an inspection of any records relevant to the contractor's performance.
(b) The contractor shall cooperate fully with these reviews. Failure or refusal to furnish information or to cooperate may be deemed a breach of contract and a violation of this Part.
(c) The authority shall review total payments of prime contractors to LBE/GLBE subcontractors to insure that the amount equals the LBE/GLBE percentage required by the contract. If the sum of LBE/GLBE payments is less than the required amount, the contractor may be found in breach of contract and sanctions may be applied in an amount commensurate with the magnitude of noncompliance.
(d) If the authority receives notification, or otherwise has knowledge that an LBE/GLBE is experiencing difficulties with satisfactorily completing a contract/subcontract, it shall refer the applicable LBE/GLBE to a technical assistance program.
(e) The authority shall conduct a final LBE/GLBE compliance review once a contract is 95 percent complete. After review of the contractor's performance, the authority shall make one of the following determinations with respect to the contractor's compliance with the LBE/GLBE requirements:
(1) the contractor is in compliance and may requisition final payment when all other contract requirements have been satisfied; or
(2) there is reasonable cause to believe the contractor is in noncompliance.
(f) If the authority determines that a prime contractor has failed to comply with the applicable legal requirements and this Part, the authority shall impose any or all of the following sanctions:
(1) decreasing the contractor's work by an amount equal to the dollar value of the LBE/GLBE required percentage not complied with; and/or
(2) declaring the contractor in default under the contract and imposing any remedy the contract allows; and/or
(3) suspension of contractors prequalification for a minimum period of 90 days.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9605.10