Common use of RESPONSIBILITY REQUIREMENTS Clause in Contracts

RESPONSIBILITY REQUIREMENTS. A. OVS is required to undertake an affirmative review of the responsibility of any vendor to which it proposes to make a contract award. Such review shall be designed to provide reasonable assurances that the proposed contractor is responsible. In undertaking such review, OVS must comply with the following standards: 1. In all cases, OVS must consider any information that has come to its attention from the proposed contractor or any other source that would raise issues concerning the proposed contractor’s responsibility. 2. In the case of any contract valued at $100,000 or more, OVS must affirmatively require disclosure by the proposed contractor of all information that OVS reasonably deems relevant to a determination of responsibility by completing a Vendor Responsibility Questionnaire. B. The Contractor shall at all times during the Agreement term remain responsible. The Contractor agrees, if requested by OVS, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. C. OVS at its discretion, reserves the right to suspend any or all activities under this Agreement, at any time, if information is discovered that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Agreement must comply with the terms of the suspension order. Agreement activity may resume at such time as OVS issues a written notice authorizing a resumption of performance under the Agreement. D. Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OVS staff, the Agreement may be terminated by OVS at the Contractor’s expense where the Contractor is determined by the Director or his or her designee to be non- responsible. In such event, the Director or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach.