Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 46 of 54
the specifications are not being met, the Commissioner of the Office of General Services may
terminate the contract and employ another contractor to fulfill the requirements of the contract.
The existing Contractor shall be liable to the State of New York for costs incurred on account
thereof.
k. STOP WORK ORDER - The Commissioner of General Services reserves the right to stop the
work covered by this RFP and any contract(s) resulting there from at any time that it is deemed
the successful proposer is unable or incapable of performing the work to the state‘s satisfaction.
In the event of such stopping, the Office of General Services shall have the right to arrange for
the completion of the work in such manner as it may deem advisable and if the cost thereof
exceeds the amount of the proposal, the Contractor shall be liable to the State of New York for
any such costs on account thereof. In the event that the Office of General Services issues a stop
work order for the work as provided herein, the Contractor shall have ten (10) working days to
respond thereto before any such stop work order shall become effective.
l. It is the Contractor's responsibility to maintain the equipment and materials provided for the work
consistent with applicable safety and health codes.
m. The Office of General Services reserves the right to reject and bar from the facility any employee
hired by the Contractor.
6.8 Contract Terms
All provisions and requirements of, Appendix A Standard Clauses for New York State Contracts, which is
attached hereto and forms a part hereof, will be incorporated into any contract resulting from this
Solicitation, and will be binding upon the parties to such contract.
All provisions and requirements, which are attached hereto and form a part hereof, will be incorporated
into any contract resulting from this Solicitation, and will be binding upon the parties to such contract.
It is stipulated and agreed by the parties that the law of the State of New York shall solely and in all
respects govern with relation to any dispute, litigation, or interpretation arising out of or connected with
any contract resulting from this Solicitation.
Any contract resulting from this Solicitation shall not be deemed executed, valid or binding unless and
until approved in writing by the Attorney General and the Comptroller of the State of New York.
6.9 Procurement Rights
The State of New York reserves the right to:
a. Reject any and all proposals received in response to this RFP.
b. Disqualify a Proposer from receiving the award if the Proposer, or anyone in the Proposer's
employ, has previously failed to perform satisfactorily in connection with public bidding or
contracts.
c. Waive or modify minor irregularities in proposals received, after prior notification to the Proposer.
d. Adjust any Proposer's expected costs of the bid price based on a determination of the evaluation
committee that the selection of the said Proposer will cause the State to incur additional costs.
e. Utilize any and all ideas submitted in the proposals received.
f. Negotiate with Proposers responding to this RFP within the RFP requirements to serve the best
interests of the State.
g. The State may begin contract negotiations with another bidding Contractor(s) in order to serve
the best interests of the State of New York should the State of New York be unsuccessful in
negotiating a contract with the selected Contractor within 21 days of selection notification.
h. The State is not liable for any cost incurred by a Proposer in the preparation and production of a
proposal or for any work performed prior to the issuance of a contract.