Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 39 of 54
6. Contract Clauses and Requirements
6.1 Appendix A / Order of Precedence
Appendix A — Standard Clauses for New York State Contracts, dated December 2012, attached hereto,
is hereby expressly made a part of this solicitation document as fully as if set forth at length herein.
Appendix A is a separate document to this RFP and shall be retained for reference by the proposer.
The agreement resulting from a successful award will include the following documents. Conflicts between
these documents will be resolved in the following descending order of precedence:
1. Appendix A
2. The Contract
3. Solicitation Number 1767 (This Document)
4. Selected Contractor‘s Proposal
6.2 Procurement Lobbying Requirement
Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain
restrictions on communications between OGS and an Offerer/Proposer during the procurement process.
An Offerer/Proposer is restricted from making contacts from the earliest notice of intent to solicit
offers/proposals 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/Proposer 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/Proposer is debarred from obtaining governmental Procurement
Contracts. Further information about these requirements can be found on the OGS website:
http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html
6.3 Contractor Insurance Requirements
Prior to the commencement of the work to be performed by the Contractor hereunder, the Contractor
shall file with The People of the State of New York, Office of General Services (hereinafter referred to as
―OGS‖), Certificates of Insurance (hereinafter referred to as ―Certificates‖), evidencing compliance with all
requirements contained in this Contract. Such Certificates shall be of a form and substance acceptable to
OGS.
Certificate acceptance and/or approval by OGS does not and shall not be construed to relieve Contractor
of any obligations, responsibilities or liabilities under the Contract.
All insurance required by the Contract shall be obtained at the sole cost and expense of the Contractor;
shall be maintained with insurance carriers acceptable to OGS; shall be primary and non-contributing to
any insurance or self insurance maintained by OGS; shall be endorsed to provide written notice be given
to OGS, at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such
policies, which notice, evidenced by return receipt of United States Certified Mail; shall be sent to Office
of General Services, Purchasing Unit, Corning Tower, 40
th
Floor, Empire State Plaza, Albany, New York
12242 and shall name The People of the State of New York, its officers, agents, and employees as
additional insureds there under (General Liability Additional Insured Endorsement shall be on Insurance
Service Office‘s (ISO) form number CG 20 10 11 85). The additional insured requirement does not apply
to Workers Compensation, Disability or Professional Liability coverage.