Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 49 of 54
In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the
State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as
a result of such termination.
6.14 Ethics Compliance
All proposers/contractors and their employees must comply with the requirements of §§73 and 74 of the
Public Officers Law, other state codes, rules, regulations, and executive orders establishing ethical
standards for the conduct of business with New York State. In signing the Contract, the Contractor
certifies full compliance with those provisions for any present or future dealings, transactions, sales,
contracts, services, offers, relations, etc., involving New York State and/or its employees. Failure to
comply with those provisions may result in disqualification from the bidding process, termination of
contract, and/or other civil or criminal proceedings as required by law.
6.15 Indemnification
The Contractor shall assume all risks of liability for its performance, or that of any of its officers,
employees, subcontractors or agents, of any contract resulting from this Solicitation and shall be solely
responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney's fees,
arising from any claim, action or proceeding relating to or in any way connected with the performance of
this Agreement and covenants and agrees to indemnify and hold harmless the State of New York, its
agents, officers and employees, from any and all claims, suits, causes of action and losses of whatever
kind and nature, arising out of or in connection with its performance of any contract resulting from this
Solicitation, including negligence, active or passive or improper conduct of the Contractor, its officers,
agents, subcontractors or employees, or the failure by the Contractor, its officers, agents, subcontractors
or employees to perform any obligations or commitments to the State or third parties arising out of or
resulting from any contract resulting from this Solicitation. Such indemnity shall not be limited to the
insurance coverage herein prescribed.
6.16 Appendices and Exhibits
The Proposer‘s attention is directed to the appendices and exhibit documents attached hereto and hereby
incorporated by reference and made part hereto as fully as if it were set forth at length herein. They are
part of this solicitation and will be part of the subsequent contract. The proposer is responsible for
adhering to all requirements of the appendices and exhibits.
6.17 Force Majeure
Neither party hereto will be liable for losses, defaults, or damages under any contract resulting from this
solicitation which result from delays in performing, or inability to perform, all or any of the obligations or
responsibilities imposed upon it pursuant to the terms and conditions of this solicitation, due to or
because of acts of God, the public enemy, acts of government, earthquakes, floods, strikes, civil strife,
fire or any other cause beyond the reasonable control of the party that was so delayed in performing or so
unable to perform provided that such party was not negligent and shall have used reasonable efforts to
avoid and overcome such cause. Such party will resume full performance of such obligations and
responsibilities promptly upon removal of any such cause.
6.18 Iran Divestment Act
By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded
hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the ―Entities Determined To Be
Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012‖ list
(―Prohibited Entities List‖) posted on the OGS website at:
http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such
Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor