PARTICIPATION IN CENTRALIZED CONTRACTS a. Agencies All State Agencies may utilize and purchase under any Centralized Contract let by the Commissioner, unless the Bid Documents limit purchases to specific State Agencies.
b. Non-State Agency Authorized Users Authorized Users other than State Agencies are permitted to make purchases through Centralized Contracts where permitted by law, the Contract or the Commissioner.
c. Voluntary Extension Purchase Orders issued against a Centralized Contract by any Authorized User not provided for in the Bid Specifications shall be honored by the Contractor at its discretion and only with the approval of the OGS Commissioner and any other approvals required by law. Contractors are encouraged to voluntarily extend service Contracts to those additional entities authorized to utilize commodity Contracts under Section 163(3)(a)(iv) of the State Finance Law.
d. Responsibility for Performance Participation in Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-State Agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by the non-State Agency Authorized User’s
PARTICIPATION IN CENTRALIZED CONTRACTS. The following shall not limit or inhibit the OGS Commissioner’s authority under State Finance Law, Section 163 (10) (e) (Piggybacking):
PARTICIPATION IN CENTRALIZED CONTRACTS. For purchase orders issued by the Port Authority of New York and New Jersey (or any other Authorized User that may have delivery locations adjacent to New York State), services to be provided may include delivery to locations adjacent to New York State. Upon request, all eligible non-State agencies must furnish Contractors with the proper tax exemption certificates and documentation certifying eligibility to use State Contracts. Questions regarding an organization’s eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Customer Services at 000-000-0000.
PARTICIPATION IN CENTRALIZED CONTRACTS a. Agencies All State Agencies may utilize and purchase under any Centralized Contract let by the Commissioner, unless the Bid Documents limit purchases to specific State Agencies.
b. Non-State Agency Authorized Users Authorized Users other than State Agencies are permitted to make purchases through Centralized Contracts where permitted by law, the Contract or the Commissioner.
c. Voluntary Extension Purchase Orders issued against a Centralized Contract by any Authorized User not provided for in the Bid Specifications shall be honored by the Contractor at its discretion and only with the approval of the OGS Commissioner and any other approvals required by law. Contractors are encouraged to voluntarily extend service Contracts to those additional entities authorized to utilize commodity Contracts under Section 163(3)(a)(iv) of the State Finance Law.
d. Responsibility for Performance Participation in Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a
PARTICIPATION IN CENTRALIZED CONTRACTS. For Purchase Orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the Price clause shall be modified to include delivery to locations adjacent to New York State. Upon request, all eligible non-State agencies must furnish Contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site (xxxxx://xxxxxx.xxx.xx.xxx/purchase/snt/othersuse.asp). Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to NYS Procurement Services Customer Services at 000-000-0000.
PARTICIPATION IN CENTRALIZED CONTRACTS. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New York State.
PARTICIPATION IN CENTRALIZED CONTRACTS. Contract Migration Authorized Users holding individual Contracts with a Contractor at the time that Contractor is awarded a Centralized Contract for the same Products or services shall be permitted to migrate to that Centralized Contract effective with its commencement date. This Contract migration opportunity is restricted exclusively to existing individual Authorized User Contracts which contain hardware and/or services as offered under this Contract. Individual Authorized User Contracts which contain bundle procurements or any other procurement option not identified in this Contract Price Schedule are not eligible for migration prior to the termination of the Period of Performance on the existing individual Contract. Appendix B, Clause 35 (Shipping / Receipt of Product), Subsection b (Shipping Charges) is hereby deleted and replaced with the following: 35. SHIPPING/RECEIPT OF PRODUCT
PARTICIPATION IN CENTRALIZED CONTRACTS. The following shall not limit or inhibit the authority of the OGS Commissioner and the NYS Board of Elections under State Finance Law, Section 163 (10) (e) (Piggybacking):
a. Agencies All State Agencies may utilize and purchase under any state Centralized Contract let by the Commissioner,
b. Non-State Agency Authorized Users Authorized Users other than State Agencies are permitted to make purchases through state Centralized Contracts where permitted by law, the Contract or the Commissioner, in conjunction with the NYS Board of Elections.
c. Voluntary Extension Purchase Orders issued against a State Centralized Contract by any Authorized User not provided for in the Bid Specifications shall be honored by the Contractor at its discretion and only with the approval of the
d. Responsibility for Performance Participation in state
PARTICIPATION IN CENTRALIZED CONTRACTS. This Contract is available for use by all Authorized Users (See Appendix B – Definitions) and may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract and Contractor agrees to hold them solely responsible for such liability and performance.
PARTICIPATION IN CENTRALIZED CONTRACTS. Numerous factors could cause the actual quantities of Products purchased under the Contract to vary substantially from the estimates in Solicitation 23168. Such factors include, but are not limited to, the following: • This Contract May be a non-exclusive Contract. • There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases. • The individual value of this Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the Contract period. • The State reserves the right to terminate this Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract could vary substantially from the estimates provided in Solicitation 23168.
