(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. (1) twelve 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. (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. (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.