Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 45 of 54
6.6 Freedom of Information Law / Trade Secrets
During the evaluation process, the content of each proposal/proposal will be held in confidence and
details of any proposal/proposal will not be revealed (except as may be required under the Freedom of
Information Law or other State law). The Freedom of Information Law provides for an exemption from
disclosure for trade secrets or information the disclosure of which would cause injury to the competitive
position of commercial enterprises. This exception would be effective both during and after the evaluation
process.
SHOULD YOU FEEL YOUR FIRM‘S PROPOSAL/PROPOSAL CONTAINS ANY SUCH TRADE
SECRETS OR OTHER CONFIDENTIAL OR PROPRIETARY INFORMATION, YOU MUST SUBMIT A
REQUEST TO EXCEPT SUCH INFORMATION FROM DISCLOSURE. SUCH REQUEST MUST BE IN
WRITING, MUST STATE THE REASONS WHY THE INFORMATION SHOULD BE EXCEPTED FROM
DISCLOSURE AND MUST BE PROVIDED AT THE TIME OF SUBMISSION OF THE SUBJECT
INFORMATION.
REQUESTS FOR EXEMPTION OF THE ENTIRE CONTENTS OF A PROPOSAL/PROPOSAL FROM
DISCLOSURE HAVE GENERALLY NOT BEEN FOUND TO BE MERITORIOUS AND ARE
DISCOURAGED. KINDLY LIMIT ANY REQUESTS FOR EXEMPTION OF INFORMATION FROM
DISCLOSURE TO BONA FIDE TRADE SECRETS OR SPECIFIC INFORMATION, THE DISCLOSURE
OF WHICH WOULD CAUSE A SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF YOUR
FIRM.
6.7 General Requirements
a. The Proposer agrees to adhere to all State and Federal laws and regulations in connection with
the contract.
b. The Proposer agrees to notify the Office of General Services of any changes in the legal status or
principal ownership of the firm, forty five (45) days in advance of said change.
c. The Proposer agrees that in any contract resulting from this RFP it shall be completely
responsible for its work, including any damages or breakdowns caused by its failure to take
appropriate action.
d. The Proposer agrees that any contract resulting from this RFP may not be assigned, transferred,
conveyed or the work subcontracted without the prior written consent of the Commissioner of
General Services.
e. For reasons of safety and public policy, in any contract resulting from this RFP, the use of illegal
drugs and/or alcoholic beverages by the Contractor or its personnel shall not be permitted while
performing any phase of the work herein specified.
f. For purposes of any contract resulting from this RFP, the State will not be liable for any expense
incurred by the Contractor for any parking fees or as a consequence of any traffic infraction or
parking violations attributable to employees of the Contractor.
g. The Commissioner‘s interpretation of specifications shall be final and binding upon the
Contractor.
h. The Commissioner of General Services will make no allowance or concession to the Proposer for
any alleged misunderstanding because of quantity, quality, character, location or other conditions.
i. Should it appear that there is a real or apparent discrepancy between different sections of
specifications concerning the nature, quality or extent of work to be furnished, it shall be assumed
that the Proposer has based its proposal on the more expensive option. Final decision will rest
with the Commissioner of General Services.
j. INSPECTION – For purposes of any contract resulting from this RFP, the quality of service is
subject to inspection and may be made at any reasonable time by the State of New York. Should
it be found that quality of services being performed is not satisfactory and that the requirements of