(1) Unless a contracting party can demonstrate that it has made every good faith effort to comply, any contracting party that fails to comply with the certification required by § 17-1002 shall be subject to suspension of contract payments, termination of its contract and a bar on participation in future covered construction contracts. Suspension, termination, and the extent and duration of any contract bar, shall be subject to the discretion of the Procurement Commissioner or the Director of Finance, as appropriate, in light of the severity or frequency of any violation and the extent of the contracting party's good faith.

(2) The Procurement Commissioner or the Director of Finance, as appropriate, in assessing a contracting party's good faith compliance efforts, shall take into account the extent to which the contracting party has in place, and has attempted to comply with, the plans called for by § 17-1003(c); and the extent to which the contracting party has made use of appropriate job training, apprenticeship and recruitment programs similar to those set forth in § 17-1003(c).