Common use of Summary of Policy and Prohibitions on Procurement Lobbying Clause in Contracts

Summary of Policy and Prohibitions on Procurement Lobbying. Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: OGS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances that the Bidder is responsive and responsible. A Questionnaire is used for non-construction contracts and is designed to provide information to assess a Bidder’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bid, Xxxxxx agrees to fully and accurately complete the “Questionnaire.” The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire when making its responsibility determination. OGS recommends each Bidder 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, xxxx://xxx.xxx.xxxxx.xx.xx./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at xxxxx://xxxxxx.xxx.xxxxx.xx.xx. 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. Bidders opting to complete 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 Bidder, the Bidder should complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid opening date. A Bidder’s Questionnaire cannot be viewed by OGS until the Bidder has certified the Questionnaire. It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire. The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract. In no case shall such termination of the 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.

Summary of Policy and Prohibitions on Procurement Lobbying. Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder Bidder during the procurement process. An Offerer/bidder Bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder Bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; the Offerer/bidder Bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: OGS conducts xxxx://xxx.xxx.xx.xxx/aboutOgs/regulations/defaultAdvisoryCouncil.html. Section 5-a review of prospective contractors (“Bidders”) to provide reasonable assurances that the Bidder is responsive and responsible. A Questionnaire is used for non-construction contracts and is designed to provide information to assess a Bidder’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bid, Xxxxxx agrees to fully and accurately complete the “Questionnaire.” The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsibleTax Law, as amended, effective April 26, 2006, requires certain contractors awarded state contracts for commodities, services and that the State will be relying upon the Bidder’s responses technology valued at more than $100,000 to certify to the Questionnaire when making its responsibility determination. OGS recommends each Bidder file the required Questionnaire online via the Department of Taxation and Finance (DTF) that they are registered to collect New York State VendRep Systemand local sales and compensating use taxes. To enroll The law applies to contracts where the total amount of such contractors’ sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made. This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax and contractors must certify to DTF that each affiliate and subcontractor exceeding such sales threshold is registered with DTF to collect New York State and local sales and compensating use taxes. The law prohibits the VendRep SystemState Comptroller, or other approving agency, from approving a contract awarded to a contractor meeting the registration requirements but who is not so registered in accordance with the law. Contractor certification forms and instructions for completing the forms are attached to this Contract Document. Form No. ST-220-TD must be filed with and returned directly to DTF. Unless the information upon which the ST-220-TD is based changes, this form only needs to be filed once with DTF. If the information changes for the contractor, its affiliate(s), or its subcontractor(s), a new Form No. ST-220-TD must be filed with DTF. Form ST-220-CA must be filed with this Contract certifying that the contractor filed the ST-220-TD with DTF. Failure to make either of these filings may render a bidder non-responsive and non-responsible. Bidders shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law. Vendors may call DTF at 0-000-000-0000 for any and all questions relating to Section 5-a of the Tax Law and relating to a company's registration status with the DTF. For additional information and frequently asked questions, please refer to the VendRep System Instructions and User Support for Vendors available at the Office of the State Comptroller’s (OSC) website, xxxx://xxx.xxx.xxxxx.xx.xx./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at xxxxx://xxxxxx.xxx.xxxxx.xx.xx. 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. Bidders opting to complete the paper questionnaire can access this form and associated definitions via the OSC website atDTF web site: xxxx://xxx.xxx.xxxxx.xx.xx/vendrep/forms_vendor.htm. In order to assist the State in determining the responsibility of the Bidder, the Bidder should complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid opening date. A Bidder’s Questionnaire cannot be viewed by OGS until the Bidder has certified the Questionnaire. It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire. The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract. In no case shall such termination of the 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 terminationxxxx://xxx.xxxxxx.xxx.

Summary of Policy and Prohibitions on Procurement Lobbying. Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: OGS conducts a review On February 12, 2007 the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new §19-0323 of prospective contractors the N.Y. Environmental Conservation Law (“BiddersNYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12, 2007. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART. As a contract vendor the Law may be applicable to vehicles used by contract vendors “on behalf of” State agencies and public authorities. Thirty-three percent (33%) of affected vehicles must have BART by December 31, 2008, sixty-six percent (66%) by December 31, 2009 and one-hundred percent (100%) by December 31, 2010. The Law provides a list of exempted vehicles. Regulations currently being drafted will provide reasonable assurances that further guidance as to the Bidder is responsive and responsible. A Questionnaire is used for non-construction contracts and is designed to provide information to assess a Bidder’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bid, Xxxxxx agrees to fully and accurately complete effects of the “Questionnaire.” The Bidder acknowledges that Law on contract vendors using heavy duty diesel vehicles on behalf of the State’s execution . The Law also permits waivers of ULSD and XXXX under limited circumstances at the discretion of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire when making its responsibility determination. OGS recommends each Bidder 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 Commissioner of the State Comptroller’s (OSC) website, xxxx://xxx.xxx.xxxxx.xx.xx./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at xxxxx://xxxxxx.xxx.xxxxx.xx.xx. OSC provides direct support for the VendRep System through user assistance, documents, online help, and a help deskEnvironmental Conservation. The OSC Help Desk contact information is located at xxxx://xxx.xxx.xxxxx.xx.xx/portal/contactbuss.htm. Bidders opting to complete the paper questionnaire can access this form Law will also require reporting from State agencies and associated definitions via the OSC website at: xxxx://xxx.xxx.xxxxx.xx.xx/vendrep/forms_vendor.htm. In order to assist the State from contract vendors in determining the responsibility of the Bidder, the Bidder should complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid opening date. A Bidder’s Questionnaire cannot be viewed by OGS until the Bidder has certified the Questionnaire. It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire. The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract. In no case shall such termination of the 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 terminationaffected contracts.

Summary of Policy and Prohibitions on Procurement Lobbying. Pursuant to State Finance Law §§139-j and 139-k, this solicitation Piggyback Contract includes and imposes certain restrictions on communications between OGS and an Offererofferer/bidder during the procurement process. An Offererofferer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract procurement contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (aj(3)(a). Designated staff, as of the date hereof, is identified on the first page of this solicitationPiggyback Contract. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offererofferer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and and, in the event of two findings within a four-year period; , the Offererofferer/bidder is debarred from obtaining governmental Procurement ContractsContracts for four years. Further information about these requirements can be found on the OGS website: xxxx://xxx.xxx.xx.xxx/acpl/ I. OGS conducts a review of prospective contractors (“Biddersofferers”) to provide reasonable assurances that the Bidder 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 a Bidderan offerer’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bidIf interested in contracting with New York State, Xxxxxx an offerer must agree and hereby agrees to fully and accurately complete the “Questionnaire.” . The Bidder offerer acknowledges that the State’s execution of the Contract a contract will be contingent upon the State’s determination that the Bidder offerer is responsible, responsible and that the State will be relying upon the Bidderofferer’s responses to the Questionnaire Questionnaire, in addition to all other information the State may obtain from other sources, when making its responsibility determination. OGS recommends each Bidder 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, xxxx://xxx.xxx.xxxxx.xx.xx./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at xxxxx://xxxxxx.xxx.xxxxx.xx.xx. 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. Bidders 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 at xxxx://xxx.xxx.xxxxx.xx.xx/vendrep/forms_xxxxxx.xxx.Xx order to assist the State in determining the responsibility of the Bidderofferer prior to contract award, the Bidder should offerer must complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid opening dateOGS’ transmittal to you of this Piggyback Contract. A BidderAn offerer’s Questionnaire cannot be viewed by OGS until the Bidder offerer has certified the Questionnaire. It is recommended that all Bidders 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 her designee, to present evidence of its continuing legal authority to do business in advance New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS 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 bid opening to provide sufficient 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 to complete as the QuestionnaireCommissioner of OGS or her designee issues a written notice authorizing a resumption of performance under the Piggyback Contract. The Bidder Contractor agrees that if it is found by the State that the BidderContractor’s responses to the Vendor Responsibility Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS 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 her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or her designee to be non-responsible. In such event, the Commissioner of OGS 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.

Summary of Policy and Prohibitions on Procurement Lobbying. Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder Bidder during the procurement process. An Offerer/bidder Bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on in the first page IFB as Inquiries/Issuing Office/Designated Contacts of this solicitationsolicitation and in this Contract. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder Bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; , the Offerer/bidder Bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: xxxx://xxx.xxx.xx.xxx/aboutOgs/regulations/defaultSFL_139j-k.asp OGS conducts a review of prospective contractors (“Bidders”) a Bidder to provide reasonable assurances that the Bidder is responsive and responsible. A Questionnaire is used for non-construction contracts and is designed to provide information to assess a Bidder’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bid, Xxxxxx agrees to fully and accurately complete the “Questionnaire.” The Bidder Contractor acknowledges that the State’s execution of the Contract will be is contingent upon the State’s determination that the Bidder Contractor is responsible, and that the State will be relying upon the BidderContractor’s responses to the Questionnaire when making its responsibility determination. OGS recommends each Bidder 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, xxxx://xxx.xxx.xxxxx.xx.xx./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at xxxxx://xxxxxx.xxx.xxxxx.xx.xx. 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. Bidders opting to complete 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 Bidder, the Bidder should complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid opening date. A Bidder’s Questionnaire cannot be viewed by OGS until the Bidder has certified the Questionnaire. It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire. The Bidder Contractor agrees that if it is found by the State that the BidderContractor’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract. In no case shall such termination of the 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.

Summary of Policy and Prohibitions on Procurement Lobbying. Pursuant to State Finance Law §§139-j and 139-k, this solicitation Piggyback Contract includes and imposes certain restrictions on communications between OGS and an Offererofferer/bidder during the procurement process. An Offererofferer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract procurement contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (aj(3)(a). Designated staff, as of the date hereof, is identified on the first page of this solicitationPiggyback Contract. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offererofferer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and and, in the event of two findings within a four-year period; , the Offererofferer/bidder is debarred from obtaining governmental Procurement ContractsContracts for four years. Further information about these requirements can be found on the OGS website: xxxx://xxx.xxx.xx.xxx/acpl/ I. OGS conducts a review of prospective contractors (“Biddersofferers”) to provide reasonable assurances that the Bidder 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 a Bidderan offerer’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bidIf interested in contracting with New York State, Xxxxxx an offerer must agree and hereby agrees to fully and accurately complete the “Questionnaire.” . The Bidder offerer acknowledges that the State’s execution of the Contract a contract will be contingent upon the State’s determination that the Bidder offerer is responsible, responsible and that the State will be relying upon the Bidderofferer’s responses to the Questionnaire Questionnaire, in addition to all other information the State may obtain from other sources, when making its responsibility determination. OGS recommends each Bidder 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) websitew ebsite, xxxx://xxx.xxx.xxxxx.xx.xx./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at xxxxx://xxxxxx.xxx.xxxxx.xx.xx. 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. Bidders 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 at xxxx://xxx.xxx.xxxxx.xx.xx/vendrep/forms_xxxxxx.xxx.Xx order to assist the State in determining the responsibility of the Bidderofferer prior to contract award, the Bidder should offerer must complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid opening dateOGS’ transmittal to you of this Piggyback Contract. A BidderAn offerer’s Questionnaire cannot be viewed by OGS until the Bidder offerer has certified the Questionnaire. It is recommended that all Bidders 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 her designee, to present evidence of its continuing legal authority to do business in advance New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS 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 bid opening to provide sufficient 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 to complete as the QuestionnaireCommissioner of OGS or her designee issues a written notice authorizing a resumption of performance under the Piggyback Contract. The Bidder Contractor agrees that if it is found by the State that the BidderContractor’s responses to the Vendor Responsibility Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS 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 her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or her designee to be non-responsible. In such event, the Commissioner of OGS 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.