Common use of NEW YORK STATE VENDOR RESPONSIBILITY Clause in Contracts

NEW YORK STATE VENDOR RESPONSIBILITY. I. OGS conducts a review of prospective contractors (“offerers”) to provide reasonable assurances that an offerer is responsive and responsible. A For-Profit Business Entity Questionnaire (hereinafter “Questionnaire”) is used for non-construction contracts and is designed to provide information to assess an offerer’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. If interested in contracting with New York State, an offerer must agree and hereby agrees to fully and accurately complete the Questionnaire. The offerer acknowledges that the State’s execution of a contract will be contingent upon the State’s determination that the offerer is responsible and that the State will be relying upon the offerer’s responses to the Questionnaire, in addition to all other information the State may obtain from other sources, when making its responsibility determination. OGS recommends each offerer file the required Questionnaire online via the New York State VendRep System. To enroll in and use the VendRep System, please refer to the VendRep System Instructions and User Support for Vendors available at the Office of the State Comptroller’s (OSC) website at xxxx://xxx.xxx.xxxxx.xx.xx/vendors/index.htm or to enroll, go directly to the VendRep System online at xxxxx://xxx.xxx.xxxxx.xx.xx/state-vendors/vendrep/vendrep-system. Vendors must provide their New York State Vendor Identification Number when enrolling. For information on how to request assignment of a Vendor ID, see the NYS Vendor File Registration section. OSC provides direct support for the VendRep System through user assistance, documents, online help, and a help desk. The OSC Help Desk contact information is located at xxxx://xxx.xxx.xxxxx.xx.xx/portal/contactbuss.htm. Offerers opting to complete and submit the paper questionnaire can access this form and associated definitions via the OSC website at xxxx://xxx.xxx.xxxxx.xx.xx/vendrep/forms_vendor.htm. In order to assist the State in determining the responsibility of the offerer prior to contract award, the offerer must complete and certify (or recertify) the Questionnaire no more than six (6) months prior to OGS’ transmittal to you of this Piggyback Contract. An offerer’s Questionnaire cannot be viewed by OGS until the offerer has certified the Questionnaire. It is recommended that all offerers become familiar with all of the requirements of the Questionnaire and complete as soon as possible to allow sufficient time for OGS review prior to Piggyback Contract execution. II. The Contractor shall at all times during the Piggyback Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS, or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS, or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Piggyback Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Activity under the Piggyback Contract may resume at such time as the Commissioner of OGS or her designee issues a written notice authorizing a resumption of performance under the Piggyback Contract. The Contractor agrees that if it is found by the State that the Contractor’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, the Commissioner may terminate the Piggyback Contract. Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Piggyback Contract may be terminated by the Commissioner of OGS, or his or her designee, at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS, or his or her designee, to be non-responsible. In such event, the Commissioner of OGS, or his or her designee, may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Piggyback Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.