Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 20 of 54
3.8 Past Practice
The failure to exercise any right hereunder in the past shall not operate as a waiver of such right. No
breach of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by
the party claimed to have waived. No waiver of any breach of the Agreement at any time in the past shall
constitute a waiver of subsequent breach.
3.9 Proposal Exceptions
The Issuing Office will consider all requests to waive any proposal requirement. However, proposers
should be aware that failure to obtain a waiver of any proposal requirement in advance of proposal
submission could result in rejection of Proposer‘s proposal and disqualification from the process.
Proposers wishing to obtain an exemption or waiver for any part of this solicitation must contact the
Issuing Office in writing by the ‗Questions Due Date‘ as identified in Key Events (Section 1.5). The
request must cite the specific section and requirement in question, and clearly identify any proposed
alternative. Requests will be considered and responded to in writing, either with the ‗Answers to
Questions‘ as identified in Key Events (if the response results in a change to the Solicitation), or directly
to the requesting Proposer.
3.10 Dispute Resolution
It is the policy of the Office of General Services‘ Financial Administration to provide Proposers with an
opportunity to administratively resolve disputes, complaints or inquiries related to proposal solicitations or
contract awards. OGS Financial Administration encourages vendors to seek resolution of disputes
through consultation with OGS Financial Administration staff. All such matters will be accorded impartial
and timely consideration. Interested parties may also file formal written disputes. A copy of the OGS
Financial Administration Dispute Resolution Procedures for Vendors may be obtained by contacting the
designated contact person identified on the front of the solicitation document.
3.11 Examination of Contract Documents
a. Each Proposer is under an affirmative duty to inform itself by personal examination of the
specifications of the proposed work and by such other means as it may select, of the character,
quality and extent of the work to be performed and the conditions under which the contract is to
be executed.
b. Each Proposer shall examine specifications and all other data or instruction pertaining to the
work. No pleas of ignorance of conditions that may be encountered or of any other matter
concerning the work to be performed in the execution of the contract will be accepted by the
state as an excuse for any failure or omission on the part of the Proposer to fulfill every detail of
all the requirements of the documents governing the work. The Proposer, if awarded the
contract, will not be allowed any extra compensation by reason of any matter or thing
concerning which such proposer might have fully informed itself prior to proposing.
c. Any addendum issued prior to the proposal due date must be acknowledged by signature,
dated and be submitted on or before the proposal due date with six (6) originals. In awarding a
contract any addenda will become a part thereof.
d. Any verbal information obtained from, or statements made by, representatives of the
Commissioner of General Services at the time of examination of the documents or site visit
shall not be construed as in any way amending contract documents. Only such corrections or
addenda as are issued, in writing, to all Proposers shall become a part of the contract.