Common use of Vendor Responsibility Clause in Contracts

Vendor Responsibility. The NYS Department of Transportation has undertaken an affirmative review of the proposed consultant’s responsibility in accordance with the applicable standards outlined in Comptroller’s ‘Guide to Financial Operations’, and based upon such review, reasonable assurance that the proposed Consultant is responsible has been determined. 37.1 The Consultant shall at all times during the Contract term remain responsible. The CONSULTANT agrees, if requested by the Commissioner of Transportation 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. 37.2 The Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Consultant. In the event of such suspension, the Consultant will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Consultant must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 37.3 Upon written notice to the Consultant and a reasonable opportunity to be heard with appropriate NYSDOT officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Consultant’s expense where the Consultant is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation 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.

Vendor Responsibility. 39.1 The NYS Department of Transportation has undertaken an affirmative review of the proposed consultantCONTRACTOR’s responsibility in accordance with the applicable standards outlined in Comptroller’s ‘Guide to Financial Operations’, and based upon such review, review and representations made by the CONTRACTOR; reasonable assurance that the proposed Consultant CONTRACTOR is responsible has been determineddetermined at the time of this Contract’s award. 37.1 39.2 The Consultant CONTRACTOR shall at all times during the Contract term remain responsible. The CONSULTANT CONTRACTOR agrees, if requested by the Commissioner of Transportation 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. 37.2 39.3 The Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the ConsultantCONTRACTOR. In the event of such suspension, the Consultant CONTRACTOR will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Consultant CONTRACTOR must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 37.3 39.4 Upon written notice to the Consultant CONTRACTOR and a reasonable opportunity to be heard with appropriate NYSDOT officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Consultant’s CONTRACTOR’S expense where the Consultant CONTRACTOR is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation 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.

Vendor Responsibility. 1. The NYS Department of Transportation has undertaken an affirmative review of the proposed consultant’s responsibility in accordance with the applicable standards outlined in Comptroller’s ‘Guide to Financial Operations’, and based upon such review, reasonable assurance that the proposed Consultant is responsible has been determined. 37.1 The Consultant Contractor shall at all times during the Contract contract term remain responsible. The CONSULTANT Contractor agrees, if requested by the Commissioner of Transportation 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. 37.2 The 2. In addition to any and all other suspension rights provided elsewhere in this Contract, the Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the ConsultantContractor. In the event of such suspension, the Consultant Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Consultant Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 37.3 Upon 3. In addition to any and all other termination rights provided elsewhere in this Contract, upon written notice to the Consultant Contractor and a reasonable opportunity to be heard with appropriate NYSDOT Department officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the ConsultantContractor’s expense where the Consultant Contractor is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation 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.