Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 47 of 54
i. Waive any non-material requirement not met by all Proposers.
j. Not make an award from this RFP.
k. If two or more offers are found to be substantially equivalent, the Commissioner of OGS, at his
sole discretion, will determine award.
l. The State reserves the right to make multiple contract awards pursuant to the RFP.
m. OGS retains the right to have any service completed via separate competitive bid or other means,
as determined to be in the best interest of the State.
n. Seek clarifications of proposals.
o. Make an award under this RFP in whole or in part.
Please Note: 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.
6.10 Extent of Services
OGS reserves the right to re-negotiate at its discretion, to reduce the amount of services provided under
any contract resulting from this solicitation. This reduction in services shall be effectuated by written
amendment to the contract and subject to approval by the Office of the State Comptroller.
6.11 Debriefings
Proposers will be accorded fair and equal treatment with respect to their opportunity for debriefing. Prior
to contract award, OGS shall, upon request, provide a debriefing which would be limited to review of that
proposer's bid or proposal. After contract award, OGS shall, upon request, provide a debriefing to any
bidder that responded to the solicitation, regarding the reason that the proposal or proposal submitted by
the unsuccessful bidder was not selected for a contract award. The post award debriefing should be
requested by the bidder within thirty days of contract approval as posted on the OSC website (web
address below).
http://wwe1.osc.state.ny.us/transparency/contracts/contractsearch.cfm
6.12 Termination
A) Termination
The Office of General Services may, upon thirty (30) days notice, terminate the contract resulting from
this RFP/IFB in the event of the awarded Bidder‘s failure to comply with any of the proposal‘s
requirements unless the awarded Bidder obtained a waiver of the requirement.
In addition, OGS may also terminate any contract resulting from this RFP/IFB upon ten (10) days written
notice if the Contractor makes any arrangement or assignment for the benefit of the creditors.
Furthermore, OGS shall have the right, in its sole discretion, at any time to terminate a contract resulting
from this RFP/IFB, or any unit portion thereof, with or without cause, by giving thirty (30) days written
notice of termination to the Contractor.
Any termination by OGS under this Section shall in no event constitute or be deemed a breach of any
contract resulting from this RFP/IFB and no liability shall be incurred by or arise against the Office of
General Services, its agents and employees therefore for lost profits or any other damages.
B.) Procurement Lobbying Termination
The Office of General Services reserves the right to terminate this Agreement in the event it is found that
the certification filed by the Contractor in accordance with New York State Finance Law §139-k was
intentionally false or intentionally incomplete. Upon such finding, the Office of General Services may