New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1004 - Debarment of Contractors › Section 1004.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
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 Capital Construction 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.