Reasonableness of Price. The Contractor demonstrated that all the New York maximum not to exceed rates are reasonable. In accordance with Appendix B, section 17, Pricing, Contractor shall notify OGS when it provides pricing for its consulting services upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity.
Reasonableness of Price. An Authorized User will be required to demonstrate reasonableness of price for each project as part of the evaluation prior to the execution of an Authorized User Agreement. The OGS Centralized Contract includes a NYS Contract pricelist, which was assessed to determine that the “Not-to-Exceed” hourly rates offered to New York State are at or below the Not-To-Exceed hourly rates offered to other Government customers. The Contractor acknowledges that any mini-bid under this Centralized Contract which includes pricing in excess of the maximum Not-To-Exceed hourly rate shall be rejected by the Authorized User. In accordance with Appendix B, section 32, Purchase Orders, OGS encourages an Authorized User to negotiate for better pricing than is listed on the Price list, as the total hourly rates established by OGS Centralized Contracts are Not-to-Exceed total hourly rates. An Authorized User must follow the internal procurement guidelines of their organization and obtain all required control agency approvals when purchasing from OGS Centralized Contracts.
Reasonableness of Price. Contractor must demonstrate to OGS’ satisfaction that the NYS Net Price offered in Attachment 5 – Price List Modifications for each Product offered in a Contract Price List modification request is equal to or better than pricing offered to other Government Entities. OGS reserves the right to conduct additional research and request additional information to verify the information provided and/or assess the reasonableness of pricing. If verification shows that pricing is incorrect, a Product may not be offered on Contract. If reasonableness of pricing is not demonstrated to OGS’s satisfaction, Products may not be offered on Contract. Acceptable documentation of reasonableness of price includes any of the following: NYS Contract: • Contract must have been approved and executed (submit entire agreement) • NYS contract price list must be the most currently approved or the price list in effect at contract expiration • NYS Contract price list must be included with all Contract Price List modification requests Federal Contract: • Contract must have been approved and executed (submit entire agreement) • Federal contract price list must be the most currently approved or the price list in effect at contract expiration • Federal contract price list must be included with all Contract Price List modification requests Other US Government Entity Contract (state, local, county, etc.) • Contract must have been approved and executed (submit entire agreement) • Other US government entity contract price list must be the most currently approved or the price list in effect at contract expiration • Other US government entity contract price list must be included with all Contract Price List modification requests Paid invoices from US Government Entities: • Paid invoices of Products from the same Lot(s) offered under Contract • Sufficient information must be included on the invoice to identify the qualifying Lot Product(s) including the following: o US Government Entity o Description of Qualifying Lot Product(s) o Manufacturer Part Number (SKU) o Net price of each qualifying item • All paid invoices must be included with all Contract Price List modification requests
1. Type of Documentation provided for reasonableness of price (NYS Contract, Federal Contract, etc.); 2. Contract or Invoice Number for the documentation provided for reasonableness of price; and 3. Net Contract or Invoice Price as indicated in the documentation provided for reasonableness of price.
Reasonableness of Price a. Examples of acceptable sources to prove Reasonableness of Price (ROP) may include but are not limited to:
i. A contract with a Federal government agency (e.g., General Services Administration (GSA));
ii. A contract with a State government agency;
iii. A contract with a Cooperative purchasing organization (e.g., National Association of State Procurement Officials (NASPO Valuepoint) or Sourcewell);
iv. Contractor-Published Price List
1. Will only be accepted if the Bidder offers a NYS Contract Price that has a forty percent (40%) (or higher) Total Discount percentage off the Contractor Published Price List.
v. OEM Price List
1. Will only be accepted if the Contractor offers a NYS Contract Price that has a forty percent (40%) (or higher) Total Discount percentage off an OEM Price List.
b. The determination of what is an acceptable source to prove ROP is at the sole discretion of the state.
c. Acceptable formats of ROP documents include:
i. Microsoft Excel
ii. Microsoft Word
iii. Adobe Acrobat PDF that has been converted to allow for Optical Character Recognition (OCR)
d. ROP will be determined by comparing the NYS Contract Price with the comparable price for each Product.
Reasonableness of Price. In accordance with Appendix B, section 32, Purchase Orders, OGS encourages an Authorized User to negotiate for better pricing than is listed on the Price list, as the total hourly rates established by OGS Centralized Contracts are Not-to-Exceed total hourly rates. An Authorized User must follow the internal procurement guidelines of their organization and obtain all required control agency approvals when purchasing from OGS Centralized Contracts. Payment Schedule Payment schedule shall be based on the final Authorized User Agreement as negotiated by the Authorized User and Contractor. Payment is only to be made after the deliverable within the Authorized User Agreement is accepted by the Authorized User. A Contractor is encouraged to submit no more than one invoice per month. Invoices must include cumulative retainage holdback. Invoices submitted to an Authorized User must include backup documentation as defined in the negotiated Authorized User Agreement. Mini-Bid Proposal Validity
Reasonableness of Price. An Authorized User will be required to demonstrate reasonableness of price for each project as part of the evaluation prior to the execution of a Power Purchase Agreement. The Centralized Contract includes “Not-to-Exceed” rates which were evaluated during the Centralized Contract award phase. The Contractor acknowledges that rates proposed in response to any Mini-Bid RFP may not exceed the maximum Not-To-Exceed rates of the Centralized Contract, and that any response to a Mini-Bid RFP which includes rates exceeding the applicable maximum Not-To-Exceed rate of the Centralized Contract shall be rejected by the Authorized User. Authorized Users are encouraged to negotiate for better pricing than is listed in the Centralized Contract, as the rates established in the Centralized Contracts are Not-to-Exceed rates only. An Authorized User must follow all internal procurement guidelines of their organization and obtain all required control agency approvals when purchasing from Centralized Contracts. The following New York State Procurement Rights identified in the Solicitation are also applicable to and reserved by the Authorized User when conducting a Mini-Bid RFP: New York State or other Authorized User reserves the right to:
Reasonableness of Price. The Contractor demonstrated that all the New York maximum not to exceed rates are reasonable. In accordance with Appendix B, section 17, Pricing, Contractor shall notify OGS when it provides pricing for its consulting services upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity. The Contractor shall at all times during the 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 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 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. Contract activity may resume at such time as the Commissioner of OGS or his or her designee issues a written notice authorizing a resumption of performance under the 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 Contract. Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the 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 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.
Reasonableness of Price. An Authorized User will be required to demonstrate reasonableness of price for each project as part of the evaluation prior to the execution of a Power Purchase Agreement. The Centralized Contract includes “Not-to-Exceed” rates which were evaluated during the Centralized Contract award phase. The Contractor acknowledges that rates proposed in response to any Mini-Bid RFP may not exceed the maximum Not-To-Exceed rates of the Centralized Contract, and that any response to a Mini-Bid RFP which includes rates exceeding the applicable maximum Not-To-Exceed rate of the Centralized Contract shall be rejected by the Authorized User. The following New York State Procurement Rights identified in the Solicitation are also applicable to and reserved by the Authorized User when conducting a Mini-Bid RFP: New York State or other Authorized User reserves the right to:
Reasonableness of Price. Pricing must not include industrial funding fees (IFF) or other contract administration or use fees. Where Procurement Services determines a Contractor has included the IFF or other contract administration or use fees in its pricing, Procurement Services will either require the Contractor to reduce the particular pricing to reflect removing the fees, or remove the item from Contractor’s Pricelist or Contract Modification Request. Final determination for whether pricing complies with this requirement resides solely with Procurement Services.
Reasonableness of Price. Mini-Bid Procurement Rights
