Specifications

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Solicitation XXX – Appendix _ - Sample Contract
Service Provided
Location
23. CONTRACTOR RESPONSIBILITY
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 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
her designee issues a written notice authorizing a resumption of performance under 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 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 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.