If a prime contractor, at any time during the term of the contract, fails to maintain
the MWBE subcontractor participation percentages contained in its bid, proposal or
contract, chooses to subcontract work that it proposed to self-perform to a non-MWBE,
or chooses not to utilize the MWBE subcontractors identified in its proposal or subcontractor
utilization plan, the procurement official shall, upon receiving knowledge of such
noncompliance, provide written notice of the noncompliance to the prime contractor
with copy to the contract project manager and the contractor's surety, if applicable.
If the prime contractor fails to come into compliance or fails to obtain a waiver
for such noncompliance from the procurement official within 30 days of notification
of noncompliance, the procurement official, upon a finding of noncompliance, may then
impose penalties upon the prime contractor pursuant to this section 66-269 of this article.
(Ord. No. 4679-18, § 3, 12-17-2018)
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