Common use of EVIDENCE OF ABILITY TO PERFORM Clause in Contracts

EVIDENCE OF ABILITY TO PERFORM. To qualify as a Vendor, a Bidder must, upon the Authority's request, demonstrate to the Authority's satisfaction that it has the skill and experience, as well as the necessary facilities and financial resources to meet the requirements of a contract. Upon the Authority's request, the Bidder shall submit evidence that will establish to the satisfaction of the Authority that the Bidder (i) is qualified and able to furnish the merchandise on which it bids and to deliver them in the manner and time specified in the RFQ; (ii) is actively engaged in the regular sale and distribution of the merchandise specified in the RFQ and has been so engaged for at least one year; (iii) maintains at its place of business sufficient stock of the items solicited so that it is able to meet the Authority's requirements in the specified time frame; (iv) has secured the necessary licenses, permits or certificates required by any legislative or regulatory body having jurisdiction, to carry on the business of furnishing the merchandise on which the bid was submitted; and (v) is adequately financed and has sufficient resources and trade credit to fulfill the terms of the contract. Before or after making an award of a contract, the Authority may choose to inspect the premises where merchandise are manufactured, prepared or stored. When the source of production is outside the City of New York, the Authority may require the Bidder to submit satisfactory evidence that the merchandise proposed for delivery is in every respect what it is represented to be. If the evidence required in the paragraphs above, is not furnished within the required time or if, upon examination of such evidence or other inspection of the Bidder's plant or premises, the Authority, in its sole discretion, determines that the Bidder does not comply with the requirements set forth in the RFQ, the Authority shall have the right to reject the bid as non-responsive. Should such non-compliance be discovered after a contract has been issued, the Authority shall have the right to cancel and terminate the contract and/or declare the Vendor in default, in addition to any other remedies provided for in the contract or at law or in equity.