SOURCE CODE ESCROW FOR LICENSED PRODUCT Sample Clauses: 240 Samples

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. B Bid Contents Bid Evaluation Bid Opening Bid Submission 12 29 7 8 D Default - Authorized User Definitions Disqualification for Past Performance Drawings 63 5 35 25 E Emergency Contracts Employees/Subcontractors/Agents Equivalent or Identical Bids Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 43 55 33 42 3 19 13 F Facsimile Submissions Freedom of Information Law 9 16 I Indemnification Indemnification Relating to Third Party Rights Independent Contractor Installation Insurance Interest on Late Payments International Bidding 74 75 68 52 77 64 6 L Late Bids Legal Compliance Limitation of Liability 11 73 76 New York State Office of General Services, as part of its responsibility, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.

Appears in 17 contracts

Sources: Hourly Based Information Technology Services Contract, Hourly Based Information Technology Services Contract, Hourly Based Information Technology Services Contract

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part of its responsibility~~Recycled, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities~~ Recyclable or Recovered Materials 22 Remedies for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid Breach 65 Repaired or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: Replaced Product/Components ▇▇ ▇ ▇▇▇▇~~://~~▇▇▇ ▇▇ ▇▇▇.▇▇▇.▇~~▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror~~/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇~~▇▇ ▇61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 1 1 Region 1 NOCO Erie $2.7596 $0.0112 1 1 Region 1 NOCO Niagara $2.7596 $0.0112 2 1 Region 2 NOCO Genesee $2.7957 $0.0000 2 1 Region 2 ▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇~~ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.$2.8557 $0.0000 D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇2 1 Region 2 ▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇▇~~▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.$2.7956 $0.0000

Appears in 9 contracts

Sources: Gasoline and E 85 Supply Agreement, Gasoline and E 85 Supply Agreement, Gasoline and E 85 Supply Agreement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract Billings 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 M No. Modification of Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components 53 S Samples 28 Savings/Force Majeure 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 In accordance with Article 15-A of the New York State ~~Office~~ Executive Law (Participation by Minority Group Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the Minority and Women’s Business Development Division of ~~General Services~~the New York State Department of Economic Development set forth at 5 NYCRR Parts 140-144, ~~as part of its responsibility, recognizes~~ the ~~need~~ Offerer/Contractor agrees to be bound by the following to promote ~~the employment~~ equality of economic opportunities for minority group members and ~~women~~ women, and ~~to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in~~ the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation facilitation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with enterprise participation on all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to covered OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇contracts.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.

Appears in 9 contracts

Sources: Centralized Contract for the Acquisition of Microcomputer Systems and Related Services, Contract for the Acquisition of Assistive Technology for Persons With Disabilities, Centralized Contract for the Acquisition of Microcomputer Systems and Related Services

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. ~~B Bid Contents Bid Evaluation Bid Opening Bid Submission 12 29 7 8~~ D Default - Authorized User Definitions Disqualification for Past Performance Drawings 63 5 35 25 E Emergency Contracts Employees/Subcontractors/Agents Equivalent or Identical Bids Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 43 55 33 42 3 19 13 F Facsimile Submissions Freedom of Information Law 9 16 I Indemnification Indemnification Relating to Third Party Rights Independent Contractor Installation Insurance Interest on Late Payments International Bidding 74 75 68 52 77 64 6 L Late Bids Legal Compliance Limitation of Liability 11 73 76 New York State Office of General Services, as part of its responsibility, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.seven

Appears in 8 contracts

Sources: Hourly Based Information Technology Services Contract, Hourly Based Information Technology Services Contract, Hourly Based Information Technology Services Contract

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 No. Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part~~ Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~its responsibility~~Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 I, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the (title) of (Contractor) agree that Contractor will make good faith efforts to achieve the M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps: (1) Actively and affirmatively soliciting bids for subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWBE contractor associations. (2) Request a list of ~~New York commissioned a disparity study~~ State-certified MWBEs from OGS and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to ~~evaluate whether minority~~ secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by MWBEs and ~~women-owned business enterprises had a full~~ encourage the formation of joint venture and ~~fair opportunity~~ other partnerships among MWBE contractors to ~~participate in state contracting. The findings~~ enhance their participation. (5) Document and maintain records of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid ~~or proposal in response to this~~ solicitation, including those to MWBEs and the ~~Offerer agrees with all of the terms~~ results thereof. (6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided and ~~conditions of Appendix A~~ provide appropriate support, including ~~Clause 12 - Equal Employment Opportunities~~ waiving bonding and other credit requirements where permissible, to encourage MWBE participation. (a) Contractor will not discriminate against any employee or applicant for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment ~~opportunities without discrimination~~ because of race, creed, color, national origin, sex, age, disability or marital status~~. For these purposes~~, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal ~~opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination~~employment opportunities without discrimination, and ~~rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated~~ shall make and document its conscientious and active efforts to ~~this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated~~ employ and utilize minority group members and women in its work force ~~to be utilized~~ on ~~the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report~~ state contracts. (~~Form EEO 101~~b) ~~identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11%~~ Contractor shall state in all solicitation or advertisements for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers employees that in the performance of ~~this Contract and Contractor agrees that OGS may withhold payment pending receipt~~ the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the ~~required MWBE documentation. The directory~~ contracting agency, Contractor shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of ~~New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS~~ race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will ~~determine a~~ affirmatively cooperate in the implementation of Contractor’s ~~“good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/~~obligations herein. (d) Contractor ~~acknowledges that if it is found to have willfully and intentionally failed to~~ shall comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description provisions of the ~~Contract scope~~ Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of ~~work~~ race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non- discrimination on the basis of prior criminal conviction and prior arrest. (e) Contractor will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the ~~Contractor intends~~ requirements of the subdivisions will be binding upon each subcontractor as to ~~structure to meet the goals on~~ work in connection with the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.

Appears in 5 contracts

Sources: Vendor and Supplier Contracts, Vendor and Supplier Contracts, Vendor and Supplier Contracts

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part of its responsibility~~Recycled, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities~~ Recyclable or Recovered Materials 22 Remedies for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid Breach 65 Repaired or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: Replaced Product/Components ▇▇ ▇ ▇▇▇▇~~://~~▇▇▇ ▇▇ ▇▇▇.▇▇▇.▇~~▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror~~/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇~~▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror~~ Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and ~~direct the Offeror to submit, within five (5) business days, a request~~ Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for ~~a partial or total waiver~~ Offers 37 Title and Risk of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan Loss 48 Toxic Substances 67 W Weekend and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.Holiday Deliveries 46

Appears in 3 contracts

Sources: Contract Agreement, Enterprise Systems Base Agreement, Contract Agreement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part of its responsibility~~Recycled, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities~~ Recyclable or Recovered Materials 22 Remedies for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid Breach 65 Repaired or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: Replaced Product/Components ▇▇ ▇ ▇▇▇▇~~://~~▇▇▇ ▇▇ ▇▇▇.▇▇▇.▇~~▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror~~/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇~~▇▇ ▇▇61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 Lot I, Item 2 Sedan, Compact, Gasoline or FFV Ford Focus (P3E) Lot I, Item 7 Sedan, Mid-Size; FWD, Plug-in Hybrid Ford C-Max (P5C) Vehicle Description Sedan; Compact; Gasoline or FFV Year / Make / Model 2014 Ford Focus (P3E) Contractor ▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇▇▇, ▇▇~~▇ ~~▇▇▇▇ ▇▇▇▇▇ Phone:~~ Ford Inc. Unit Price $14,241.00 Option Discount 8.00% Pickup Credit (~~▇▇▇~~per vehicle) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.$50.00

Appears in 3 contracts

Sources: Contract, Contract for Light Duty Vehicles Including Law Enforcement, Light Duty Vehicle Agreement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part~~ Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~its responsibility~~Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 I, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the of (title) of Superior Plus Energy Services Inc. (Contractor) agree Superior Plus Energy Services Inc. (Contractor) has adopted the following policies with respect to Contract Number PC66180 Contractor will make good faith efforts to achieve the (a) Contractor will not discriminate M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps: 1) Actively and affirmatively soliciting bids for subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWBE contractor associations. 2) Request a list of ~~New York commissioned~~ State-certified MWBEs from OGS and solicit bids from them directly. 3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. 4) Where feasible, divide the work into smaller portions to enhanced participations by MWBEs and encourage the formation of joint venture and other partnerships among MWBE contractors to enhance their participation. 5) Document and maintain records of bid solicitation, including those to MWBEs and the results thereof. 6) Ensure that progress payments to M/WBEs are made on a ~~disparity study~~ timely basis so that undue financial hardship is avoided and provide appropriate support, including waiving bonding and other credit requirements where permissible, to ~~evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting~~encourage MWBE participation. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response Agreed to this ~~solicitation~~day of , ~~the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities~~ 2013 By Print: Title: against any employee or applicant for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment ~~opportunities without discrimination~~ because of race, creed, color, national origin, sex, age, disability or marital status~~. For these purposes~~, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal ~~opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination~~employment opportunities without discrimination, and ~~rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated~~ shall make and document its conscientious and active efforts to ~~this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated~~ employ and utilize minority group members and women in its work force ~~to be utilized~~ on ~~the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report~~ state contracts. (~~Form EEO 101~~b) ~~identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11%~~ Contractor shall state in all solicitation or advertisements for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers employees that in the performance of ~~this Contract and Contractor agrees that OGS may withhold payment pending receipt~~ the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the ~~required MWBE documentation. The directory~~ contracting agency, Contractor shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of ~~New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS~~ race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will ~~determine a~~ affirmatively cooperate in the implementation of Contractor’s ~~“good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/~~obligations herein. (d) Contractor ~~acknowledges that if it is found to have willfully and intentionally failed to~~ shall comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description provisions of the ~~Contract scope~~ Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of ~~work~~ race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. (e) Contractor will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the ~~Contractor intends~~ requirements of the subdivisions will be binding upon each subcontractor as to ~~structure to meet the goals on~~ work in connection with the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. ~~B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt.~~1 1 2 (0.0015%) Region 1 NOCO Niagara $3.2998 ~~C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven~~ 2 1 2 (70.0015%) ~~business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇~~Region 2 Tra-▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ $3.2673 $3.1749 2 1 2 (0.0015%) Region 2 Tra-▇▇▇ ▇▇▇▇▇▇ $3.2673 $3.1749 2 1 2 (0.0015%) Region 2 Tra-Lin Ontario $3.2673 2 1 2 (0.0015%) Region 2 Tra-Lin Orleans $3.2673 2 1 2 (0.0015%) Region 2 Tra-▇▇▇ ▇▇▇▇▇ $3.2673 2 1 2 (0.0015%) Region 2 Tra-Lin Wyoming 4 1 2 (0.0015%) Region 4 ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.Cayuga $3.2772 $3.1291

Appears in 2 contracts

Sources: Fuel Supply Agreement, Fuel Supply Agreement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part of its responsibility~~Recycled, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities~~ Recyclable or Recovered Materials 22 Remedies for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid Breach 65 Repaired or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: Replaced Product/Components ▇▇ ▇ ▇▇▇▇~~://~~▇▇▇ ▇▇ ▇▇▇.▇▇▇.▇~~▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror~~/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇~~▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 Lot I, Item 3 SUV, Small; 5 Passenger, FWD, FFV Chevrolet Captiva (1LE26) Lot I, Item 6 Sedan, Compact; FWD, Plug-in Hybrid Chevrolet Volt (1RC68) Vehicle Description SUV, Small; 5 Passenger, FWD, FFV Year / Make / Model 2014 Chevrolet Captiva (1LE26) Contractor ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ~~▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone:~~ Chevrolet Unit Price $20,350.13 Option Discount 12.00% Pickup Credit (~~▇▇▇~~per vehicle) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.$50.00

Appears in 2 contracts

Sources: Contract for Light Duty Vehicles Including Law Enforcement, Light Duty Vehicle Agreement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part of its responsibility~~Recycled, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities~~ Recyclable or Recovered Materials 22 Remedies for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid Breach 65 Repaired or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: Replaced Product/Components ▇▇ ▇ ▇▇▇▇~~://~~▇▇▇ ▇▇ ▇▇▇.▇▇▇.▇~~▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror~~/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 Lot II, ▇Item 1 Dodge Charger (LDEE48) 4dr AWD Sedan Police Dodge Charger (LDEE48) Lot II, Item 2 Dodge Charger (LDEE48) 4dr AWD Sedan Police; Street Dodge Charger (LDEE48) Lot II, Item 3 Dodge Charger (LDEE48) 4dr AWD Sedan Police Dodge Charger (LDEE48) Vehicle Description Sedan; Large; 4 dr, AWD, Police Year / Make / Model 2014 Dodge Charger (LDEE48) Contractor ▇▇▇▇▇ ~~▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone:~~ CDJR Unit Price $24,258.28 Option Discount 10.00% Pickup Credit (~~▇▇▇~~per vehicle) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.$100.00

Appears in 2 contracts

Sources: Light Duty Vehicle Agreement, Contract for Light Duty Vehicles Including Law Enforcement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract ~~term~~ A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 13 43 53 67 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and ~~shall certify annually that the escrow remains~~ Building Services Contracts Pricing Procurement Card Product Acceptance Product Delivery Product References Product Version Products Manufactured in ~~effect in compliance with the terms~~ Public Institutions Prompt Payments Proof of ~~this paragraph. The State may release the~~ License Purchase Orders Q R Rejected Product Remanufactured, Recycled, Recyclable or Recovered Materials Remedies for Breach Repaired or Replaced Product/Components S Savings/Force Majeure Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code ~~to Licensees under this Contract who have licensed~~ Escrow for Licensed Product ~~or obtained services, who may use such copy~~ Subcontractors and Suppliers Suspension of ~~the Source Code to maintain the Product~~Work T Taxes Termination Title and Risk of Loss Toxic Substances W Warranties Weekend and Holiday Deliveries No. 27 45 10 17 20 66 33 14 70 16 51 69 32 39 15 52 41 48 56 19 35 65 73 44 46 11 47 36 54 59 34 B Bid Contents ~~Bid Evaluation Bid Opening Bid Submission 12 29~~ 7 8 C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Term - Renewal Cooperation with Third Parties 71 9 49 26 58 57 D Default - Authorized User Definitions ~~Disqualification for Past Performance~~ Disputes Drawings 63 5 35 25 E Emergency Contracts Employees/Subcontractors/Agents Equivalent or Identical Bids Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 43 55 33 42 3 19 13 F Facsimile Submissions Freedom of Information Law 9 16 50 2 64 18 I Indemnification Indemnification Relating ~~to Third Party Rights~~ toInfringement Independent Contractor Installation ~~Insurance Interest on Late Payments~~ International Bidding ~~74 75 68 52 77 64 6~~ 61 62 55 40 3 L ~~Late Bids~~ Legal Compliance Limitation of Liability ~~11 73 76 New York State Office~~ 60 63, 63A, 63B M Modification of ~~General Services, as part of its responsibility, recognizes the need~~ Contract Terms 28 N No Hardstop/Passive License Monitoring 72 O Ownership/Title to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "Project Deliverables 68 The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A permit Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the ~~MWBE participation goals set forth~~ following insurance requirements in the ~~Contract, such finding constitutes a breach~~ manner indicated below. Nothing herein shall diminish (i) the right of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the ~~Contract must be reported on a revised M/WBE Utilization Plan~~ Contract, in its sole judgment and ~~submitted~~ upon notice to ~~OGS. B. OGS will review~~ Contractor, to require the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond Contractor to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form comply with these requirements in a ~~timely manner may be grounds for disqualification~~ different fashion, or (ii) the right of ~~the bid or proposal. D. OGS may disqualify~~ an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilizeAuthorized User, in ~~good faith~~an Authorized User Agreement, ~~any MBE or WBE identified within its MWBE Utilization Plan, during~~ to require the ~~performance of the Contract. Requests for~~ Contractor to comply with these requirements in a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contractdifferent fashion.

Appears in 2 contracts

Sources: Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for the Acquisition of Information Technology Commodities and/or Services

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part of its responsibility~~Recycled, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities~~ Recyclable or Recovered Materials 22 Remedies for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid Breach 65 Repaired or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: Replaced Product/Components ▇▇ ▇ ▇▇▇▇~~://~~▇▇▇ ▇▇ ▇▇▇.▇▇▇.▇~~▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror~~/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 Vehicle Description Sedan; Large; 4 dr, AWD, Base, Police Year / Make / Model 2014 Ford Police Interceptor (P2M) Contractor ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ~~▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone:~~ Ford/MV-1 of Rochester Unit Price $35,859.96 Option Discount 8.00% Pickup Credit (~~▇▇▇~~per vehicle) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.$50.00

Appears in 2 contracts

Sources: Contract, Light Duty Vehicle Agreement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part~~ Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~its responsibility~~Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 Sub-Category ITEM# DESCRIPTION PACK/SIZE BRAND NYS NET DELIVERED PRICE Baked Goods 120800 APPLE DANISH 1/DZ ROCKLAND $ 11.23 Baked Goods 120175 BAGEL CINNAMON RAISIN 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120193 BAGEL EVERYTHING 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120173 BAGEL GARLIC 1/DOZ ROCKLAND $ 3.93 Baked Goods 120342 BAGEL MINI PLAIN 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120168 BAGEL ONION 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120165 BAGEL PLAIN 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120166 BAGEL POPPY 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120167 BAGEL SESAME 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120171 BAGEL WW 1/DOZ ROCKLAND $ 3.93 Baked Goods 120125 BAGELS ASSORTED 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120340 BAGELS MINI ASSORTED 1/DOZEN ROCKLAND $ 3.93 Baked Goods 120662 BREAD 8 GRAIN HOMESTYLE 1/LOAF ROCKLAND $ 4.32 Baked Goods 120111 BREAD ▇▇▇▇▇▇▇, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women~~PLAIN 1/LOAF ROCKLAND $ 1.83 Baked Goods 12048 BREAD CHALLAH 5# 1/5# ROCKLAND $ 28.94 Baked Goods 120159 BREAD CHALLAH TWIST 1LB 1/1 LB ROCKLAND $ 3.50 Baked Goods 12355 BREAD ▇▇▇▇▇▇▇, ▇▇ SLICE 1/LOAF ROCKLAND $ 4.86 Baked Goods 120146 BREAD CINNAMON RAISIN, SLICED 1/LOAF ROCKLAND $ 5.10 Baked Goods 120647 BREAD FOR STUFFING 1/BOX ROCKLAND $ 13.72 Baked Goods 120108 BREAD FRENCH, PLAIN 29" 1/EACH ROCKLAND $ 1.37 Baked Goods 120339 BREAD GARLIC 14" 1/LOAF ROCKLAND $ 1.94 Baked Goods 120130 BREAD HERO 10" 1/EACH ROCKLAND $ 0.51 Baked Goods 120121 BREAD HERO WW 3" 1/DOZEN ROCKLAND $ 3.04 Baked Goods 120120 BREAD HERO WW, 6" 1/DOZEN ROCKLAND $ 3.07 Baked Goods 120082 BREAD IRISH ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇/▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ $ 3.42 Baked Goods 120119 BREAD ITALIAN SLICED, 3LB 1/LOAF ROCKLAND $ 3.89 Baked Goods 120042 BREAD MARBLE RYE 3# 1/1 LOAF ROCKLAND $ 4.90 Baked Goods 120058 BREAD MTG 8 GRAIN SLICED 1/LOAF ROCKLAND $ 4.32 Baked Goods 120683 BREAD POTATO SLICED 1/LOAF ROCKLAND $ 2.83 Baked Goods 120078 BREAD PULLMAN WHEAT 1/LOAF ROCKLAND $ 3.59 Baked Goods 120072 BREAD PULLMAN WHITE 1/1 LOAF ROCKLAND $ 3.55 Baked Goods 120060 BREAD PUMPERNICKEL 3# SLICED 1/LOAF ROCKLAND $ 4.73 Baked Goods 12067 BREAD PUMPERNICKEL 3# UNSLICED 1/LOAF ROCKLAND $ 4.67 Baked Goods 120009 BREAD PUMPERNICKEL COCKTAIL 1/1 LOAF ROCKLAND $ 2.42 Baked Goods 120020 BREAD RYE 2#, 16 SLICE 1/LOAF ROCKLAND $ 3.65 Baked Goods 120023 BREAD RYE 3#, 34 SLICE 1/LOAF ROCKLAND $ 4.73 Baked Goods 120006 BREAD RYE COCKTAIL SLICED 1/1 LOAF ROCKLAND $ 2.42 Baked Goods 120515 BREAD RYE HOMESTYLE SLICED 1/LOAF ROCKLAND $ 4.62 Baked Goods 120504 BREAD RYE SLICED LONG 1/3 LB ROCKLAND $ 5.81 Baked Goods 120081 BREAD SEMOLINA ROUND 1/LOAF ROCKLAND $ 2.08 Baked Goods 120241 BREAD SOURDOUGH 3LB SLICED 1/LOAF ROCKLAND $ 4.11 Baked Goods 120220 BREAD WHEAT LITE WW 1/LOAF ROCKLAND $ 3.24 Baked Goods 120805 BREAD WHEAT SINGLE WRAPPED WW 1/100CT ROCKLAND $ 15.89 Baked Goods 120160 BREAD WHITE BUTTON 1/1LOAF ROCKLAND $ 1.11 Baked Goods 120051 BREAD WHITE, SLICED LONG 1/3 LB ROCKLAND $ 5.20 Baked Goods 120223 BREAD ▇▇ ▇▇▇▇▇▇ 1/1LOAF ROCKLAND $ 1.79 Baked Goods 120512 BREAD WW HOMESTYLE SLICED 1/LOAF ROCKLAND $ 4.32 Baked Goods 120184 BUN HAMBURGER 4" 1/DOZEN ROCKLAND $ 1.56 Baked Goods 120185 BUN HAMBURGER 4" SEEDED 1/DZ ROCKLAND $ 2.05 Baked Goods 120211 BUN HAMBURGER 5" NO SEEDS 1/DOZEN ROCKLAND $ 3.06 Baked Goods 120189 BUN HAMBURGER 5" SEEDED 1/12 EACH ROCKLAND $ 3.06 Baked Goods 932510 BUN HAMBURGER MINI 1/24CT ROCKLAND $ 3.51 Baked Goods 120187 BUN HAMBURGER POTATO 1/8 PACK ROCKLAND $ 2.69 Baked Goods 120240 BUN HAMBURGER WHEAT 1/DOZEN ROCKLAND $ 1.69 Baked Goods 120300 CROISSANT PLAIN 1/DZ ROCKLAND $ 9.43 Baked Goods 120231 CUPCAKE CHOCOLATE 1/12 CT ROCKLAND $ 9.57 Baked Goods 120233 CUPCAKE VANILLA 1/12 CT ROCKLAND $ 9.57 Baked Goods 120099 DANISH ASSORTED 1/DOZEN ROCKLAND $ 11.23 Baked Goods 120302 DANISH MINI ASSORTED ▇▇▇▇▇/▇▇▇ ▇/▇▇▇▇ ▇▇▇▇▇▇▇▇ $ 6.31 Baked Goods 120252 DINNER ROLLS WW,IW (DOZEN) 1/DOZEN ROCKLAND $ 2.03 Baked Goods 120593 DONUT ASSORTED 1/DZ ROCKLAND $ 6.59 Baked Goods 120942 DONUT CHOCOLATE 1/DZ ROCKLAND $ 8.35 Baked Goods 120947 DONUT JELLY 12/DZ ROCKLAND $ 8.35 Baked Goods 120938 DONUT POWDERED CAKE 1/DZ ROCKLAND $ 8.35 Baked Goods 120950 DONUTS APPLE CIDER 1/DOZEN ROCKLAND $ 8.35 Baked Goods 120204 DONUTS CHOCOLATE FROSTED W/SPR 1/DOZEN ROCKLAND $ 8.35 Baked Goods 120301 DONUTS MINI ASSORTED 1/24CT ROCKLAND $ 9.89 Baked Goods 120205 DONUTS VANILLA FROSTED W/SPRNK 1/DOZEN ROCKLAND $ 8.35 Baked Goods 12051 ENGLISH MUFFIN WW 2/6CT ROCKLAND $ 2.39 Baked Goods 12049 ENGLISH MUFFINS 2/6 CT ROCKLAND $ 3.12 Baked Goods 120092 HERO 6 FOOT 1-~~owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts~~Jan ROCKLAND $ 20.48 Baked Goods 120327 HERO ROLL 12" 1/EACH ROCKLAND $ 0.74 Baked Goods 120846 MUFFIN APPLE CINNAMON 12/1 EACH ROCKLAND $ 10.08 Baked Goods 120842 MUFFIN BANANA 12/1 EACH ROCKLAND $ 10.08 Baked Goods 120298 MUFFIN BLUEBERRY 12/1 EACH ROCKLAND $ 10.08 Baked Goods 120254 MUFFIN CARROT 12/1 EACH ROCKLAND $ 10.08 Baked Goods 121182 MUFFIN CHOCOLATE CHIP WRAPPED 12/1 EACH ROCKLAND $ 14.48 Baked Goods 120297 MUFFIN CORN 12/1 EACH ROCKLAND $ 10.08 Baked Goods 120844 MUFFINS LARGE ASSORTED 1/12 CT ROCKLAND $ 10.08 Baked Goods 120490 MUFFINS MINI ASSORTED 1/DOZEN ROCKLAND $ 6.05 Baked Goods 120244 PREMIUM WHEAT BREAD (1.5#) WW 1/LOAF ROCKLAND $ 1.76 Baked Goods 120243 PREMIUM WHITE BREAD(1.5#) 1/LOAF ROCKLAND $ 1.76 Baked Goods 120085 ROLL BRIOCHE 1/12 CT ROCKLAND $ 7.19 Baked Goods 121556 ROLL CIABATTA 1/DOZ ROCKLAND $ 7.10 Baked Goods 120131 ROLL CLUB 6" 1/DOZEN ROCKLAND $ 3.20 Baked Goods 120118 ROLL CLUB 6" SLICED 1/DOZ ROCKLAND $ 3.42 Baked Goods 120134 ROLL CLUB 8" 1/DOZEN ROCKLAND $ 3.65 Baked Goods 120148 ROLL DINNER ASSORTED 1/DZ ROCKLAND $ 2.39 Baked Goods 120158 ROLL DINNER PLAIN 1/DZ ROCKLAND $ 3.42 Baked Goods 120452 ROLL DINNER SPLIT TOP 1/16 CT ROCKLAND $ 2.90 Baked Goods 120248 ROLL HOAGIE 4" SLICED 1/DOZEN ROCKLAND $ 3.12 Baked Goods 120247 ROLL HOAGIE 4" SOFT CRUST 12/1DZ ROCKLAND $ 3.12 Baked Goods 120183 ROLL HOTDOG 1/DOZEN ROCKLAND $ 1.56 Baked Goods 120186 ROLL HOTDOG FOOT LONG 6/12 INCH ROCKLAND $ 2.57 Baked Goods 120188 ROLL HOTDOG POTATO 1/8PK ROCKLAND $ 2.69 Baked Goods 120402 ROLL KAISER 5" SLICED 1/DOZEN ROCKLAND $ 3.12 Baked Goods 120249 ROLL KAISER MEDIUM 4" 1/DOZ ROCKLAND $ 2.90 Baked Goods 120250 ROLL KAISER MEDIUM SLICED 1/DZ ROCKLAND $ 2.90 Baked Goods 120141 ROLL ONION SMALL 1/12 CT ROCKLAND $ 2.39 Baked Goods 120140 ROLL PLAIN SMALL 1/1 DZ ROCKLAND $ 2.39 Baked Goods 120814 ROLL PORTUGUESE 1/1 DOZ ROCKLAND $ 4.32 Baked Goods 110251 ROLL SPLIT TOP DINNER, WRAPPED 12-Jan ROCKLAND $ 3.24 Baked Goods 120161 ROLLS DINNER WW, NOT WRAPPED 1/DOZ ROCKLAND $ 2.39 Baked Goods 12055 ROLLS HOT DOG WW 1/DOZEN ROCKLAND $ 1.69 Baked Goods 120299 ROLLS KAISER ▇▇▇▇▇ ▇▇ 12/1EACH ROCKLAND $ 2.69 Baked Goods 120772 STRUDEL APPLE LARGE 22" 1/EACH ROCKLAND $ 21.79 Baked Goods 120410 WHITE BREAD GTF ZTF 8/14oz RICH $ 31.72 Baked Goods 120100 WW SPLIT TOP DINNER ROLLS 1/16 CT ROCKLAND $ 2.39 Sub-Lot Markup Percentage Ambient, Canned, Dry 8.75% Baked Goods 30.00% Dairy 8.50% Frozen 9.50% Meat, Poultry & Fish 9.00% Non-food 9.75% Produce 25.00% CONTRACTOR: METROPOLITAN FOODS, INC. ~~In 2006~~D/B/A ▇▇▇▇▇▇▇▇ FOODS ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇▇▇, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the ▇▇ ▇▇▇▇▇ Commercial Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed atAdministrator: ▇▇▇▇~~://~~▇ ▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇-▇▇▇ (M-F 8am-5pm) E-Mail: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇~~▇.▇▇.~~▇ Mailing Address: ▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇ Foods ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇▇~~▇ ▇~~▇▇▇▇ ▇▇▇▇▇,~~ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ Emergency Contact: ▇▇▇ ▇▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ~~Fax~~(24 hr. emergency) Alternate Emergency Contact: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇ (▇▇▇) ▇▇▇-▇▇▇▇ Service & Delivery, Unresolved Issues: ▇▇▇▇ ▇~~▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇~~ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ~~Fax~~(M-F, 8am-5pm) E-Mail: ▇▇▇▇▇▇▇@▇▇.▇▇▇ Toll Free Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Phone Orders: (▇]▇▇) ▇▇▇-▇▇▇▇ Fax Orders: (▇▇▇) ▇▇▇-▇▇▇▇ Email Orders: ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, by ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ cc: ▇▇▇▇▇▇▇@▇▇.▇▇▇ Online Orders: ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/order.html Note: Online ordering requires an initial setup, please contact ▇▇▇▇ ▇▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ Ordering: -Contractor offers Electronic Access Ordering (EDI). -Contractor accepts the ~~10th day~~ NYS Procurement Card for orders not to exceed $15,000.00. Contractor does not offer additional discounts for purchases made with the NYS Procurement Card. -Contractor does not offer a prompt payment discount for payment within 15 days and/or receipt of ~~each month during the term~~ voucher. -Contractor does not offer a prompt payment discount for payment within 30 days and/or receipt of ~~the Contract documenting the progress made toward achievement~~ voucher. Distribution Center: -Clifton Warehouse ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ St. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Essex ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Oswego Niagara Orleans ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Genesee Onondaga Ontario ▇▇▇▇▇▇▇▇▇▇ Madison Erie Cayuga ▇▇▇▇▇ Otsego Cortland Albany ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Cattaraugus Allegany Steuben Tioga ▇▇▇▇▇▇ Delaware Ulster = Western Region = Central Region = Eastern Region = Downstate Region ▇▇▇▇▇▇▇▇ Orange ▇▇▇▇▇▇ 60 km Kings Suffolk 40 mi Richmond Queens Seneca Chenango 6/2/2014 Number 3 -NYS Regions map, Preferred Source and Market Basket Products List Page 1 of ~~the MWBE goals of the Contract.~~6 Appendix C Number 3 NYS Regions map, Preferred Source and Market Basket Products List ▇▇▇▇▇▇▇▇ Foods Commercial Eastern Region

Appears in 2 contracts

Sources: Food Contract, Contract for Food Acquisition

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 No. Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part~~ Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~its responsibility~~Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 I, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the (title) of (Contractor) agree that Contractor will make good faith efforts to achieve the M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps: (1) Actively and affirmatively soliciting bids for subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWBE contractor associations. (2) Request a list of ~~New York commissioned a disparity study~~ State-certified MWBEs from OGS and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to ~~evaluate whether minority~~ secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by MWBEs and ~~women-owned business enterprises had a full~~ encourage the formation of joint venture and ~~fair opportunity~~ other partnerships among MWBE contractors to ~~participate in state contracting. The findings~~ enhance their participation. (5) Document and maintain records of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid ~~or proposal in response to this~~ solicitation, including those to MWBEs and the ~~Offerer agrees with all of the terms~~ results thereof. (6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided and ~~conditions of Appendix A~~ provide appropriate support, including ~~Clause 12 - Equal Employment Opportunities~~ waiving bonding and other credit requirements where permissible, to encourage MWBE participation. (a) Contractor will not discriminate against any employee or applicant for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment ~~opportunities without discrimination~~ because of race, creed, color, national origin, sex, age, disability or marital status~~. For these purposes~~, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal ~~opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination~~employment opportunities without discrimination, and ~~rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated~~ shall make and document its conscientious and active efforts to ~~this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated~~ employ and utilize minority group members and women in its work force ~~to be utilized~~ on ~~the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report~~ state contracts. (~~Form EEO 101~~b) ~~identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11%~~ Contractor shall state in all solicitation or advertisements for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers employees that in the performance of ~~this Contract and Contractor agrees that OGS may withhold payment pending receipt~~ the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the ~~required MWBE documentation. The directory~~ contracting agency, Contractor shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of ~~New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS~~ race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will ~~determine a~~ affirmatively cooperate in the implementation of Contractor’s ~~“good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/~~obligations herein. (d) Contractor ~~acknowledges that if it is found to have willfully and intentionally failed to~~ shall comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description provisions of the ~~Contract scope~~ Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of ~~work~~ race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non- discrimination on the basis of prior criminal conviction and prior arrest. (e) Contractor will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the ~~Contractor intends~~ requirements of the subdivisions will be binding upon each subcontractor as to ~~structure to meet the goals on~~ work in connection with the State contract. March 2012 Agreed to this day of , and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the 2 By: Print: Title: March 2012 Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇Administrator: ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ E-Mail: ▇]▇▇▇▇▇_▇▇▇▇▇▇@▇▇.▇▇▇▇▇.▇▇▇ Awarded Lots: -Lots 1, by 3, and 4 Delivery: -Guaranteed delivery within 30 days A/R/O Ordering: -Products are available directly from the ~~10th day of each month during~~ Resellers approved under the ~~term~~ Contract. -The minimum order amount is $50.00. -Authorized Users should contact individual Resellers regarding the acceptance of the New York State Procurement Card. -Contractor does not offer a prompt payment discount for payment within 15 days and/or receipt of voucher. -Contractor does not offer a prompt payment discount for payment within 30 days and/or receipt of voucher. -Contractor offers Energy Star compliant products. Please contact the Contractor for details. Volume Discounts: -Contractor does not offer additional discount(s) for Authorized User’s aggregate purchases. -Contractor does not offer additional discount(s) for Statewide aggregate purchases. C11CB29201 Epson WP-4090 Workgroup Color Printer $249.99 27.28% $181.79 C11CB30231 Epson WP-4023 Workgroup Color Printer $299.99 27.28% $218.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CA61201-VM Epson Stylus Pro 3880 Photo Printer $1,295.00 10.00% $1,165.50 SP7890DES Epson Stylus Pro 7890 Designer Printer $3,495.00 10.00% $3,145.50 SP7890K3 Epson Stylus Pro 7890 Printer $2,995.00 10.00% $2,695.50 SP7900HDR Epson Stylus Pro 7900 Printer $3,995.00 10.00% $3,595.50 SP9890DES Epson Stylus Pro 9890 Designer Printer $5,495.00 10.00% $4,945.50 SP9890K3 Epson Stylus Pro 9890 Printer $4,995.00 10.00% $4,495.50 SP9900HDR Epson Stylus Pro 9900 Printer $5,995.00 10.00% $5,395.50 SPWT7900 Epson Stylus Pro WT7900 Printer $8,495.00 10.00% $7,645.50 WT7900DES Epson Stylus Pro WT7900 Designer Printer $6,995.00 10.00% $6,295.50 SCT3000SE Epson SureColor T3000 $2,995.00 8.01% $2,755.10 SCT5000SE Epson SureColor T5000 $3,995.00 8.01% $3,675.00 SCT7000SE Epson SureColor T7000 $4,995.00 8.00% $4,595.40 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 B11B190011 Epson GT-1500 WorkForce Scanner $249.99 20.00% $199.99 B11B194081 Epson WorkForce Pro GT-S80 Scanner $799.99 12.25% $701.99 B11B204121 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇-▇▇▇▇▇ Scanner $1,499.00 20.75% $1,187.96 B11B204221 Epson WorkForce ▇▇-▇▇▇▇▇ ▇▇▇▇▇▇▇ $2,899.00 20.49% $2,304.99 B11B204321 Epson WorkForce ▇▇-▇▇▇▇▇ ▇▇▇▇▇▇▇ $3,999.00 20.38% $3,184.00 B11B205221 Epson WorkForce ▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ $899.00 17.24% $744.01 B11B205321 Epson WorkForce ▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ $1,199.00 17.26% $992.05 E11000XL-GA Epson Expression 11000XL Graphic Arts Scanner $2,499.99 27.28% $1,817.99 E11000XL-PH Epson Expression 11000XL Phot Scanner $3,029.99 27.29% $2,203.11 B11B221201 Epson WorkForce DS-560 Document Scanner $449.99 12.00% $395.99 B11B222202 Epson WorkForce DS-760 Document Scanner $899.00 16.80% $747.97 B11B222201 Epson WorkForce DS-860 Document Scanner $1,099.00 17.29% $908.98 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 Appendix D, Number 3, Report of Contract ~~documenting the progress made toward achievement of the MWBE goals of the Contract.~~Sales Template A B C 1 Column Field Name Description 2 Column A Seller Contractor or Reseller Name 3 Column B Fed ID Number (▇▇▇▇▇▇▇▇▇) Column A's Federal Identification Number (Numeric only, no spaces)

Appears in 1 contract

Sources: Vendor and Supplier Contracts

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 No. Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part~~ Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~its responsibility~~Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 I, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the (title) of (Contractor) agree that Contractor will make good faith efforts to achieve the M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps: (1) Actively and affirmatively soliciting bids for subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWBE contractor associations. (2) Request a list of ~~New York commissioned a disparity study~~ State-certified MWBEs from OGS and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to ~~evaluate whether minority~~ secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by MWBEs and ~~women-owned business enterprises had a full~~ encourage the formation of joint venture and ~~fair opportunity~~ other partnerships among MWBE contractors to ~~participate in state contracting. The findings~~ enhance their participation. (5) Document and maintain records of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid ~~or proposal in response to this~~ solicitation, including those to MWBEs and the ~~Offerer agrees with all of the terms~~ results thereof. (6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided and ~~conditions of Appendix A~~ provide appropriate support, including ~~Clause 12 - Equal Employment Opportunities~~ waiving bonding and other credit requirements where permissible, to encourage MWBE participation. (a) Contractor will not discriminate against any employee or applicant for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment ~~opportunities without discrimination~~ because of race, creed, color, national origin, sex, age, disability or marital status~~. For these purposes~~, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal ~~opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination~~employment opportunities without discrimination, and ~~rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated~~ shall make and document its conscientious and active efforts to ~~this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated~~ employ and utilize minority group members and women in its work force ~~to be utilized~~ on ~~the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report~~ state contracts. (~~Form EEO 101~~b) ~~identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11%~~ Contractor shall state in all solicitation or advertisements for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers employees that in the performance of ~~this Contract and Contractor agrees that OGS may withhold payment pending receipt~~ the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the ~~required MWBE documentation~~contracting agency, Contractor shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of Contractor’s obligations herein. (d) Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. ~~The directory~~ Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of ~~New York~~ race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non- discrimination on the basis of prior criminal conviction and prior arrest. (e) Contractor will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State ~~Certified MWBEs can be viewed at~~contract. March 2012 Agreed to this day of , 2 By: Print: Title: March 2012 Contract Administrator: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ~~▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇~~▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ~~Fax:~~ or cell# (~~518~~▇▇▇) ▇▇▇- -▇▇▇▇ Fax: n/a E-Mail: ▇▇▇▇~~], a written remedy in response to~~ ▇.▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ Awarded Lots: -Lots 1 and 2 Delivery: -Guaranteed delivery within 30 days A/R/O Ordering: -Products are available directly from the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive Resellers approved under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. ~~Requests~~ -Contractor will honor orders for less than the $50 minimum order. The minimum order amount Contractor will accept is $25.00 including orders placed using the NYS Procurement Card. -Contractor accepts the NYS Procurement Card for orders of any amount. Contractor does not offer additional discounts for purchases made with the NYS Procurement Card. -Contractor does not offer a ~~partial or total waiver~~ prompt payment discount for payment within 15 days and/or receipt of ~~established goal requirements made subsequent~~ voucher. -Contractor does not offer a prompt payment discount for payment within 30 days and/or receipt of voucher. -Contractor offers Energy Star compliant products. Please contact the Contractor for details. Volume Discounts: -Contractor does not offer additional discount(s) for Authorized User’s aggregate purchases. -Contractor indicates they will offer a Volume Price Break based on aggregate contract purchases. The additional discount of 0.025% will be applied to ~~Contract Award may be made at any time during the term of the Contract to OGS~~hardware olny when sales have reached $20 million threshold. 62443601 C331dn Digital Color Printer (23/25ppm), but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women120V (E/F/P/S) $349.00 12.00% $307.12 62443701 C531dn Digital Color Printer (27/31ppm), 120V (E/F/P/S) $449.00 12.00% $395.12 62441004 C831dn Small Workgroup Color Printer (A3) (35ppm Color-~~Owned Enterprises~~Mono; 20ppm Tabloid), ~~[35th Floor~~120V (E/F/P/S) $1,929.00 12.00% $1,697.52 62441001 C831n Small Workgroup Color Printer (A3) (35ppm Color-Mono; 20ppm Tabloid), 120V (E/F/P/S) $1,699.00 12.00% $1,495.12 62439901 C911dn, 4-Station Digital LED Printer (50/50ppm) 120V (E/F/P/S) $3,699.00 12.00% $3,255.12 62440001 C931dn, 4-Station Digital LED Printer (50/50ppm) 120V (E/F/P/S) $5,199.00 12.00% $4,575.12 62430606 C9650dn Color LED Printer (36/40ppm) 120V, (E/F/P/S) $3,699.00 12.00% $3,255.12 62430608 C9650hdn Color LED Printer (36/40ppm) 120V, (E/F/P/S) $4,099.00 12.00% $3,607.12 91642404 C9650hn Color Signage Printer (36/40ppm) 120V, (English) $4,219.00 12.00% $3,712.72 62430604 C9650n Color LED Printer (36/40ppm) 120V, (E/F/P/S) $3,399.00 12.00% $2,991.12 62429904 B930dn Digital Mono Printer (50ppm), 120V, E/F/P/S) $3,197.00 12.00% $2,813.36 62429901 B930n Digital Mono Printer (50ppm), 120V, E/F/P/S) $2,792.00 12.00% $2,456.96 62411601 ML320Turbo 120V, 50/60 Hz $429.00 12.00% $377.52 91907101 ML320Turbo w/RS-232C Serial, 120V $520.00 12.00% $457.60 62411603 ML320Turbo with Cut Sheet Feeder (Single Bin), 120V, 50/60 Hz $692.00 12.00% $608.96 62412901 ML320Turbo-D, 120V, 50/60 Hz $583.00 12.00% $513.04 62415401 ML320Turbo/n, 120V (English) $722.00 12.00% $635.36 62411701 ML321Turbo 120V, 50/60 Hz $597.00 12.00% $525.36 62411703 ML321Turbo with Cut Sheet Feeder (Single Bin), 120V, 50/60 Hz $866.00 12.00% $762.08 62413001 ML321Turbo-D, 120V, 50/60 Hz $751.00 12.00% $660.88 62415501 ML321Turbo/n, 120V (English) $890.00 12.00% $783.20 62411901 ML390Turbo 120V, 50/60 Hz Printer $457.00 12.00% $402.16 62411903 ML390Turbo with Cut Sheet Feeder (Single Bin), 120V, 50/60 Hz $723.00 12.00% $636.24 62415901 ML390Turbo/n, 120V (English) $734.00 12.00% $645.92 62412001 ML391Turbo 120V, 50/60 Hz Printer $604.00 12.00% $531.52 62412003 ML391Turbo with Cut Sheet Feeder (Single Bin), 120V, 50/60Hz $877.00 12.00% $771.76 62416001 ML391Turbo/n, 120V (English) $887.00 12.00% $780.56 62410601 ML395C Color, 120V $1,521.00 12.00% $1,338.48 62418701 ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (English) $471.00 12.00% $414.48 91909701 ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (English) $471.00 12.00% $414.48 91909703 ML420 Black, 120V, Serial (English) $562.00 12.00% $494.56 62418703 ▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇/▇▇▇/▇▇▇▇▇▇▇▇ (English) $764.00 12.00% $672.32 91909704 ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇/▇▇▇/▇▇▇▇▇▇▇▇ (English) $764.00 12.00% $672.32 62418801 ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (English) $660.00 12.00% $580.80 92009701 ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (English) $660.00 12.00% $580.80 62418803 ML421n, ▇▇▇▇, ▇▇▇▇▇▇▇▇/▇▇▇/▇▇▇▇▇▇▇▇ (E/F/P/S) $953.00 12.00% $838.64 92009704 ML421n Black, ▇▇▇▇, ▇▇▇▇▇▇▇▇/▇▇▇/▇▇▇▇▇▇▇▇ (E/F/P/S) $953.00 12.00% $838.64 92009703 ML421 Black, 120V, Serial (English) $751.00 12.00% $660.88 62418901 ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (English) $503.00 12.00% $442.64 62418903 ML490n, ▇▇▇▇, ▇▇▇▇▇▇▇▇/▇▇▇/▇▇▇▇▇▇▇▇ (E/F/P/S) $796.00 12.00% $700.48 62419001 ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (English) $667.00 12.00% $586.96 62423901 ML491, 120V, Serial (English) $760.00 12.00% $668.80 62419003 ML491n, ▇▇▇▇, ▇▇▇▇▇▇▇▇/▇▇▇/▇▇▇▇▇▇▇▇ (E/F/P/S) $960.00 12.00% $844.80 61800801 PACEMARK 3410 Epson/IBM Comp. Parallel/Serial, 120V $1,906.00 12.00% $1,677.28 61801001 PACEMARK 4410, Epson/IBM Comp. Network Ready, Parallel/Serial, 110-240V (E/F/S/P) $3,974.00 12.00% $3,497.12 61800901 PACEMARK 4410, Epson/IBM Comp. Parallel/Serial, 110-240V, (E/F/S/P) $3,544.00 12.00% $3,118.72 70000803 Bi-directional cable (Parallel only) (All SIDM,LED,MFP) $17.00 20.00% $13.60 70037901 USB Cable Kit v1.1 (ML186, ML320T/321T/ML390T/391T/ML420/421/490/491 Series) $17.00 20.00% $13.60 70022001 MICROLINE/PACEMARK Emul. Chip Set (PM3410) $50.00 20.00% $40.00 44455101 RS-232C I/F (ML600, ML400, ML300T Series) $99.00 20.00% $79.20 70036002 OkiLAN 6020e+ 10/100Base-TX Ethernet External Print Server - RoHS Compliant (for most SIDM & OKI LED $279.00 20.00% $223.20 41139804 PM4410 HSP Adapter for Network Version $56.00 20.00% $44.80 70050001 PM4410 Network Adapter 10/100 Base-T Kit $335.00 20.00% $268.00 70054301 PM4410 Printer Stand $439.00 20.00% $351.20 70007701 Roll Paper Stand (ML186/ML184T) $33.00 20.00% $26.40 70023301 Roll Paper Stand (ML620/ML690/ ML420/ML490/ML520/590 & ML320T/390Turbo only) $69.00 20.00% $55.20 40804502 Black Bottom Feed Push Tractor (ML420 Black) $95.00 20.00% $76.00 40804602 Black Bottom Feed Push Tractor (ML421 Black) $95.00 20.00% $76.00 70021601 Bottom Feed Push Tractor (ML395) $349.00 20.00% $279.20 70030701 Bottom Feed Push Tractor (ML420/ML490/ML320Turbo/ML320Turbo-D/ML390Turbo) $95.00 20.00% $76.00 70030801 Bottom Feed Push Tractor (ML421/ML491/ML321Turbo/ML321Turbo-D/ML391Turbo) $99.00 20.00% $79.20 70012601 Pull Tractor (ML321) $59.00 20.00% $47.20 70030501 Pull Tractor (ML420/ML490/ML320Turbo/ML320Turbo-D/ML390Turbo) $55.00 20.00% $44.00 70030601 Pull Tractor (ML421/ML491/ML321Turbo/ML321Turbo-D/ML391Turbo) $59.00 20.00% $47.20 $0.00 70037901 USB Cable Kit v1.1 (C5000/C7300/C7500/C9300/C9500/ES2024/2024e/3037/3037e Series) $17.00 20.00% $13.60 42831301 2nd and 3rd 530-sheet Paper Tray Mechanism (C9600/C9650/C9800/MPS9650c Series) $529.00 20.00% $423.20 44016212 530-sheet 2nd & 3rd Paper Tray Mechanism (C830 Series) $379.00 20.00% $303.20 44713902 530-sheet 2nd & 3rd Paper Tray Mechanism (C831 Series) $379.00 20.00% $303.20 45530702 530-sheet 2nd/3rd Paper Tray (C900 Series) $529.00 20.00% $423.20 45530902 530-Sheet Tray w/Casters (C900 Series) $590.00 20.00% $472.00 42964903 Banner Paper Tray (C9600/C9650/C9800 /ES3640 & MPS9650c Series) $475.00 20.00% $380.00 45530802 High Capacity Tray Option (3 in 1) w/Casters (C900 Series) $1,379.00 20.00% $1,103.20 45531002 Tray Long Paper Option (C900 Series) $602.70 20.00% $482.16 44622302 160 GB Hard Disk Kit (C900 Series) $565.00 20.00% $452.00 44848902 16GB SD Card (C831 Series) $148.00 20.00% $118.40 70050501 20GB Hard ▇▇▇▇ ▇▇▇▇▇ ~~Phone:~~ (▇▇▇▇▇ Series/MPS9650c) ~~▇▇▇-~~$595.00 20.00% $476.00 70050701 4 Tray Finisher (C9600/C9650/C9800/MPS9650c Series) $3,189.00 20.00% $2,551.20 70054201 40GB Hard ▇▇▇▇ ~~Fax:~~ ▇▇▇▇▇ (▇▇▇) ▇~~▇▇-~~/▇▇▇▇]▇ Series) $380.00 20.00% $304.00 70050502 40GB Hard ▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇/▇▇▇▇▇▇) $595.00 20.00% $476.00 70050801 5 Tray Finisher (C9600/C9650/C9800/MPS9650c Series) $3,811.00 20.00% $3,048.80 45592302 C931/941 EFI Fiery XF 5.0 Server (PC and Software) $5,000.00 20.00% $4,000.00 70056802 Printer Cabinet for C830 Series $449.00 20.00% $359.20 70050901 Printer Cabinet for C9600/C9650/C9800 Series $449.00 20.00% $359.20 43226004 Duplex Unit (C830n/C8800n) printer) $299.00 20.00% $239.20 44717604 Duplex Unit (C831 Series) $299.00 20.00% $239.20 42797201 Duplex Unit (C9600n/C9650n/C9800hn/MPS9650c) $425.00 20.00% $340.00 70050401 512MB Memory Expansion DIMM (C9600 Series/MPS9650c) $699.00 20.00% $559.20 42831501 High-Capacity Paper Feeder (C9600/C9650/C9800/MPS9650c Series) $1,379.00 20.00% $1,103.20 70036002 OkiLAN 6020e+ 10/100Base-TX Ethernet External Print Server- RoHS Compliant (for most OKI LED, ~~by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.~~MONO & $279.00 20.00% $223.20 70061701 16GB SD Card (C531dn/MC562w/MB491 MFP, MC561 & CX2731 MFP/MPS4200mb/4700mb, C530dn/C610/C711 & MPS61 $148.00 20.00% $118.40 70061901 512MB Mem. Exp. DIMM (B721/731/MC362w/562w/361/561 & C331/531/330/530/610/711/831 & MPS5501b/610c/71 $290.00 75.00% $72.50 45466501 530-sheet 2nd/3rd/4th Paper Tray (MC770/MC780/MPS3537mc/MPS4242mc) $279.00 20.00% $223.20 44020402 1 Tray + Large Cabinet (MC860 1-Tray MFP/CX2633 MFP) $709.00 20.00% $567.20 44020502 2 Trays + Small Cabinet (MC860 1-Tray MFP/CX2633 MFP) $1,079.00 20.00% $863.20 70000803 Bi-directional cable (Parallel only) for All Digital LED Printers $17.00 20

Appears in 1 contract

Sources: Vendor and Supplier Contracts

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 No. Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part~~ Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~its responsibility~~Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 I, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the (title) of (Contractor) agree that Contractor will make good faith efforts to achieve the M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps: (1) Actively and affirmatively soliciting bids for subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWBE contractor associations. (2) Request a list of ~~New York commissioned a disparity study~~ State-certified MWBEs from OGS and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to ~~evaluate whether minority~~ secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by MWBEs and ~~women-owned business enterprises had a full~~ encourage the formation of joint venture and ~~fair opportunity~~ other partnerships among MWBE contractors to ~~participate in state contracting. The findings~~ enhance their participation. (5) Document and maintain records of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid ~~or proposal in response to this~~ solicitation, including those to MWBEs and the ~~Offerer agrees with all of the terms~~ results thereof. (6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided and ~~conditions of Appendix A~~ provide appropriate support, including ~~Clause 12 - Equal Employment Opportunities~~ waiving bonding and other credit requirements where permissible, to encourage MWBE participation. (a) Contractor will not discriminate against any employee or applicant for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment ~~opportunities without discrimination~~ because of race, creed, color, national origin, sex, age, disability or marital status~~. For these purposes~~, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal ~~opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination~~employment opportunities without discrimination, and ~~rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated~~ shall make and document its conscientious and active efforts to ~~this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated~~ employ and utilize minority group members and women in its work force ~~to be utilized~~ on ~~the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report~~ state contracts. (~~Form EEO 101~~b) ~~identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11%~~ Contractor shall state in all solicitation or advertisements for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers employees that in the performance of ~~this Contract and Contractor agrees that OGS may withhold payment pending receipt~~ the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the ~~required MWBE documentation~~contracting agency, Contractor shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of Contractor’s obligations herein. (d) Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. ~~The directory~~ Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of ~~New York~~ race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non- discrimination on the basis of prior criminal conviction and prior arrest. (e) Contractor will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State ~~Certified MWBEs can be viewed at~~contract. March 2012 Agreed to this day of , 2 By: Print: Title: March 2012 Contract Administrator: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ PhoneToll Free: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ E-Mail: ▇]▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ Awarded Lots: -Lots 2 Delivery: -Guaranteed delivery within 30 days A/R/O Ordering: -Products are available directly from the Contractor Manufacturer. -Minimum order for all orders including orders placed using the NYS Procurement Card is $50.00. -Contractor accepts the NYS Procurement Card for orders of any amount not to exceed $85,000.00. Contractor does not offer additional discounts for purchases made with the NYS Procurement Card. -Contractor does not offer a prompt payment discount for payment within 15 days and/or receipt of voucher. -Contractor does not offer a prompt payment discount for payment within 30 days and/or receipt of voucher. -Contractor offers Energy Star compliant products. Please contact the Contractor for details. Volume Discounts: -Contractor does not offer additional discount(s) for Authorized User’s aggregate purchases. -Contractor does not offer additional discount(s) for Statewide aggregate purchases. MX-B201D 20 PPM Monochrome Workgroup Document System $1,990.00 57.50% $845.75 Service & Supply Maintenance Cost per Copy charge $0.0250 $0.0250 Options MXB201DSUPPLYKIT Start-up Supply Kit - 1 Toner and 1 Developer $98.00 23.50% $74.97 MX-CS10 250-sheet Paper Tray $199.00 57.50% $84.58 MX-NB11 PCL® 6 Compatible Network Printing / Network Scanning Expansion Kit $580.00 57.50% $246.50 MX-FX12 Fax Expansion Kit* $460.00 57.50% $195.50 MX-PK10 PostScript® 3 Compatible Expansion Kit* $415.00 57.50% $176.38 MX-USX1 Sharpdesk® 3.3 License Kit 1 User $245.00 34.00% $161.70 MX-USX5 Sharpdesk 3.3 License Kit 5 Users $525.00 34.00% $346.50 MX-US10 Sharpdesk 3.3 License Kit 10 Users $790.00 34.00% $521.40 MX-US50 Sharpdesk 3.3 License Kit 50 Users $2,575.00 34.00% $1,699.50 MX-USA0 Sharpdesk 3.3 License Kit 100 Users $3,825.00 34.00% $2,524.50 HDREPLACE Hard Drive Removal $600.00 17.00% $498.00 MX-201ABD Deluxe Cabinet with Door and Locking Casters $167.00 57.50% $70.98 MX-B20NT1 Toner - 243 Grams/Cartridge $74.00 34.00% $48.84 MX-B20NV1 Developer - 170 Grams/Package $24.00 34.00% $15.84 AR-D5133NT Digital Power Filter - 120 Volt, ~~by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.~~15 Amps, 2 Outlets, Maximum Power Surge $150.00 53.00% $70.50 MX-B402 40 PPM Monochrome Workgroup Document System $5,025.00 53.00% $2,361.75 Service & Supply Maintenance Cost per Copy charge $0.0100 $0.0100 Options MXB402SCSupplyKit Supply Kit - 1 Toner and 1 Developer $83.00 34.46% $54.40 MX-CSX1 500-sheet Paper Feed Unit (for Tray 2 only) $455.00 53.00% $213.85 MX-CSX2 500-sheet Paper Feed Unit (for Trays 3 & 4 only) $375.00 53.00% $176.25 MX-FN12 Inner Finisher $1,435.00 53.00% $674.45 MX-BTX1 Business Card Feeder $190.00 53.00% $89.30 MX-FXX3 Fax Expansion Kit $655.00 53.00% $307.85 MX-FWX1 Internet Fax Expansion Kit $570.00 57.50% $242.25 MX-FR26U Commercial Version Data Security Kit $575.00 53.00% $270.25 MX-CFCRM1 Card Reader Mounting Kit for Frontier Series $100.00 53.00% $47.00 MX-PUX1 XPS Expansion Kit $655.00 57.50% $278.38 MX-SHP1GBXPS 1 GB Memory Upgrade (required for MX-PUX1) $525.00 57.50% $223.13 AR-PF1 Barcode Font Kit $625.00 57.50% $265.63 MX-AMX1 Application Integration Module $365.00 57.50% $155.13 MX-AMX2 Application Communication Module $365.00 57.50% $155.13 MX-AMX3 External Account Module $200.00 57.50% $85.00 MX-USX1 Sharpdesk® 3.3 License Kit 1 User $245.00 34.00% $161.70 MX-USX5 Sharpdesk 3.3 License Kit 5 Users $525.00 34.00% $346.50 MX-US10 Sharpdesk 3.3 License Kit 10 Users $790.00 34.00% $521.40 MX-US50 Sharpdesk 3.3 License Kit 50 Users $2,575.00 34.00% $1,699.50 MX-USA0 Sharpdesk 3.3 License Kit 100 Users $3,825.00 34.00% $2,524.50 MX-UN01A Sharp OSA® Network Scanner Tool (NST) Version 1.1 License Kit 1 User $220.00 34.00% $145.20 MX-UN05A Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 5 Users $475.00 34.00% $313.50 MX-UN10A Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 10 Users $710.00 34.00% $468.60 MX-UN50A Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 50 Users $2,325.00 34.00% $1,534.50 MX-UN1HA Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 100 Users $3,450.00 34.00% $2,277.00 HDREPLACE Hard Drive Removal $600.00 17.00% $498.00 MX-DS13 Base Plate ( cannot be installed on main unit alone) $160.00 53.00% $75.20 MX-DS14 Stackable Cabinet ( requires MX-DS13 Base Plate) $70.00 53.00% $32.90 MX-B42NT1 Toner Cartridge - 430 Grams/Cartridge $62.00 34.00% $40.92 MX-B40HB Toner Collection Container - Estimated Yield 45,000 Pages/Container $25.00 34.00% $16.50 MX-B42NV1 Developer - 185 Grams/Package $21.00 34.00% $13.86 MX-C40NRB Drum Cartridge $80.00 34.00% $52.80 MX-B40U1 Primary Transfer Belt Unit - Estimated Yield 120,000 Pages $250.00 34.00% $165.00 MX-B42U2 Secondary Transfer Roller Unit - Estimated Yield 120,000 Pages $33.00 34.00% $21.78 MX-B42FU1 Fusing Unit - Estimated Yield 120,000 Pages $375.00 34.00% $247.50 MX-SCX1 Staple Cartridge (3 Cartridges per carton) (5,000 Staples/Cartridge) $98.00 34.00% $64.68 AR-D5133NT Digital Power Filter - 120 Volt, 15 Amps, 2 Outlets $150.00 53.00% $70.50 MX-B402SC 40 PPM Monochrome Workgroup Document System $5,975.00 53.00% $2,808.25 Service & Supply Maintenance Cost per Copy charge $0.0100 $0.0100 Options MXB402SCSupplyKit Supply Kit - 1 Toner and 1 Developer $83.00 34.46% $54.40 MX-CSX1 500-sheet Paper Feed Unit (for Tray 2 only) $455.00 53.00% $213.85 MX-CSX2 500-sheet Paper Feed Unit (for Trays 3 & 4 only) $375.00 53.00% $176.25 MX-FN12 Inner Finisher $1,435.00 53.00% $674.45 MX-FXX3 Fax Expansion Kit $655.00 53.00% $307.85 MX-FWX1 Internet Fax Expansion Kit $570.00 57.50% $242.25 MX-FR27U Commercial Version Data Security Kit $575.00 53.00% $270.25 MX-CFCRM1 Card Reader Mounting Kit for Frontier Series $100.00 53.00% $47.00 MX-PUX1 XPS Expansion Kit $655.00 57.50% $278.38 MX-SHP1GBXPS 1 GB Memory Upgrade (required for MX-PUX1) $525.00 57.50% $223.13 AR-PF1 Barcode Font Kit $625.00 57.50% $265.63 MX-AMX1 Application Integration Module $365.00 57.50% $155.13 MX-USX1 Sharpdesk® 3.3 License Kit 1 User $245.00 34.00% $161.70 MX-USX5 Sharpdesk 3.3 License Kit 5 Users $525.00 34.00% $346.50 MX-US10 Sharpdesk 3.3 License Kit 10 Users $790.00 34.00% $521.40 MX-US50 Sharpdesk 3.3 License Kit 50 Users $2,575.00 34.00% $1,699.50 MX-USA0 Sharpdesk 3.3 License Kit 100 Users $3,825.00 34.00% $2,524.50 MX-UN01A Sharp OSA® Network Scanner Tool (NST) Version 1.1 License Kit 1 User $220.00 34.00% $145.20 MX-UN05A Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 5 Users $475.00 34.00% $313.50 MX-UN10A Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 10 Users $710.00 34.00% $468.60 MX-UN50A Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 50 Users $2,325.00 34.00% $1,534.50 MX-UN1HA Sharp OSA Network Scanner Tool (NST) Version 1.1 License Kit 100 Users $3,450.00 34.00% $2,277.00 HDREPLACE Hard Drive Removal $600.00 17.00% $498.00 MX-DS13 Base Plate (refer to Configuration Guide; cannot be installed on main unit alone) $160.00 53.00% $75.20 MX-DS14 Stackable Cabinet (refer to Configuration Guide; requires MX-DS13 Base Plate) $70.00 53.00% $32.90 MX-B42NT1 Toner Cartridge - 430 Grams/Cartridge $62.00 34.00% $40.92 MX-B40HB Toner Collection Container - Estimated Yield 45,000 Pages per container $25.00 34.00% $16.50 MX-B42NV1 Developer - 185 Grams/Package $21.00 34.00% $13.86 MX-C40NRB Drum Cartridge $80.00 34.00% $52.80 MX-B40U1 Primary Transfer Belt Unit - Estimated Yield 120,000 Pages $250.00 34.00% $165.00 MX-B42U2 Secondary Transfer Roller Unit - Estimated Yield 120,000 Pages $33.00 34.00% $21.78 MX-B42FU1 Fusing Unit - Estimated Yield 120,000 Pages $375.00 34.00% $247.50 MX-SCX1 Staple Cartridge (3 Cartridges per carton) (5,000 Staples/Cartridge) $98.00 34.00% $64.68 AR-D5133NT Digital Power Filter - 120 Volt, 15 Amps, 2 Outlets $150.00 53.00% $70.50 MX-C250 25 PPM B&W / Color - Desktop Color Document System $2,875.00 53.00% $1,351.25 MX-C300W 30 PPM B&W / Color - Desktop Color Document System $3,375.00 53.00% $1,586.25 Service & Supply Maintenance Cost per Copy charge- Black & White $0.0135 $0.0135 Service & Supply Maintenance Cost per Copy charge- Color $0.0650 $0.0650 Options MXC300WTonerKit Toner Kit - B/C/M/Y Toner $418.00 34.52% $273.71 MX-CS11 1 x 500-sheet Paper Drawer $455.00 53.00% $213.85 MX-USX1 Sharpdesk® 3.3 License Kit 1 User $245.00 34.00% $161.70 MX-USX5 Sharpdesk 3.3 License Kit 5 Users $525.00 34.00% $346.50 MX-US10 Sharpdesk 3.3 License Kit 10 Users $790.00 34.00% $521.40 MX-US50 Sharpdesk 3.3 License Kit 50 Users $2,575.00 34.00% $1,699.50 MX-USA0 Sharpdesk 3.3 License Kit 100 Users $3,825.00 34.00% $2,524.50 HDREPLACE Hard Drive Removal $600.00 17.00% $498.00 AR-55ABDH Cabinet (1 door with storage) $154.00 53.00% $72.38 MX-C30NTB Black Toner Cartridge $40.00 34.00% $26.40 MX-C30NTC Cyan Toner Cartridge $126.00 34.00% $83.16 MX-C30NTM Magenta Toner Cartridge $126.00 34.00% $83.16 MX-C30NTY Yellow Toner Cartridge $126.00 34.00% $83.16 MX-C30NVB Black Developer $160.00 34.00% $105.60 MX-C30NVC Cy

Appears in 1 contract

Sources: Vendor and Supplier Contracts

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part of its responsibility~~Recycled, ~~recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities~~ Recyclable or Recovered Materials 22 Remedies for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid Breach 65 Repaired or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: Replaced Product/Components ▇▇ ▇ ▇▇▇▇~~://~~▇▇▇ ▇▇ ▇▇▇.▇▇▇.▇~~▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror~~/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇~~▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 Item 7: Chevrolet Caprice PPV (1EW19) – New York State Police & Thruway Vehicle Classification Chevrolet Caprice PPV (NYS Police & Thruway) Make / Model / Year: 2013 Chevrolet Caprice (1EW19) Contractor: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ~~▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone~~Chevrolet Inc. Price: $38,867.75 Option Disount: 10.00% Pickup Credit (~~▇▇▇~~per vehicle) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.$0.00 Drivetrain Rear wheel drive

Appears in 1 contract

Sources: Miscellaneous Light Duty Vehicles Agreement

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this ~~paragraph~~clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Advertising Results 13 Assignment 43 Assignment of Claim 53 Audit of Licensed Product Usage 67 B Bid Contents 7 Bid Evaluation 22 Bid Opening 4 Bid Submission ~~12 29 7 8~~ 5 C Changes to Product or Service Offerings 71 Confidential/Trade Secret Materials 9 Contract Invoicing 49 Contract Creation/Execution 26 Contract Term - Renewal 58 Cooperation with Third Parties 57 D Default - Authorized User 50 Definitions ~~Disqualification for Past Performance~~ 2 Disputes 64 Drawings ~~63 5 35 25~~ 18 E Emergency Contracts 31 Employees/Subcontractors/Agents ~~Equivalent or Identical Bids~~ 42 Estimated/Specific Quantity Contracts 30 Ethics Compliance 1 Expenses Prior to Contract Execution 12 Extraneous Terms ~~43 55~~ 8 P No. Participation in Centralized Contracts 27 Performance/Bid Bond 45 Prevailing Wage Rates - Public Works and Building Services Contracts 10 Pricing 17 Procurement Card 20 Product Acceptance 66 Product Delivery 33 ~~42 3 19 13 F Facsimile Submissions Freedom~~ Product References 14 Product Substitution 38 Product Version 70 Products Manufactured in Public Institutions 16 Prompt Payments 51 Proof of ~~Information Law 9 16~~ License 69 Purchase Orders 32 Q Quantity Changes Prior to Award 24 R Rejected Product 39 Re-Weighing Product 37 Remanufactured, Recycled, Recyclable or Recovered Materials 15 Remedies for Breach 52 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 48 Scope Changes 29 I Indemnification 61 Indemnification Relating to Third Party Rights 62 Independent Contractor 55 Installation ~~Insurance Interest on Late Payments~~ 40 International Bidding ~~74 75 68 52 77 64 6~~ 3 L Late Bids Rejected 6 Legal Compliance 60 Limitation of Liability 63 M Modification of Contract Terms 28 N No Hardstop/Passive License Monitoring 72 O Ownership/Title to Project Deliverables 68 Security 56 Site Inspection 19 Shipping/Receipt of Product 35 Software License Grant 65 Source Code Escrow for Licensed Product 73 Subcontractors and Suppliers 44 Suspension of Work 46 T Taxes 11 ~~73 76 New York State Office~~ Termination 47 Tie Bids 23 Timeframe for Offers 25 Title and Risk of ~~General Services~~Loss 36 Toxic Substances 54 W Warranties 59 Weekend and Holiday Deliveries 34 Contractor Name/Address: Western Shelter Systems ▇.▇. ▇▇▇ ▇▇▇▇, ~~as part of its responsibility~~▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006Eugene, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business EnterprisesOregon 97402 Contract Administration: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed atPrimary Contact Alternate Contact Name: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇~~▇ ▇▇▇▇▇ Phone: (▇▇▇) -▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Fax: ~~(518)~~ ▇▇▇- -▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Customer Service/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, Order Placement: Primary Contact Alternate Contact Name: ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇ ▇▇▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 24 Hour Emergency Contact: (No less than one designated individual) Primary Contact Alternate Contact Name: ▇▇▇▇▇ ▇▇▇▇▇~~, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇~~▇▇ Phone: (▇▇▇) -▇▇▇-▇▇▇▇ Fax: ~~(▇▇▇)~~ ▇▇▇-▇▇▇-▇~~], by the 10th day of each month during the term of the~~ ▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Contract ~~documenting the progress made toward achievement of the MWBE goals of the Contract~~Pricing: Discount From List Price: 8.7% Contractor’s Website: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Federal ID No.: ▇▇▇▇▇▇▇▇▇ NYS Vendor ID No.: 1100096749

Appears in 1 contract

Sources: Piggyback Contract

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If ~~Source Code~~ source code or ~~Source Code~~ source code escrow is offered by either Contractor or Product ~~manufacturer or~~ manufacturer/developer to any other commercial customers, Contractor shall either: (iI) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the ~~Authorized User~~Office of General Services, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. In the event that there is an established escrow arrangement with a designated escrow agent then, with respect to products sold by the Contractor to the State of New York, the Contractor shall make best efforts to negotiate or have negotiated an amendment of the established escrow agreement with the designated escrow agent to reflect that disputes regarding any right that the State of New York may have related to the source code: (a) shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise; and (b) may not be submitted to binding arbitration, but must, instead be heard in a court of competent jurisdiction of the State of New York. Except as to the amendments sought to the established escrow agreement in this section 82, nothing herein shall be construed as an agreement by the State of New York to otherwise be bound by the terms and conditions of the established escrow agreement. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. B Bid Contents Bid Evaluation Bid Opening Bid Submission 12 29 7 8 D Default - Authorized User Definitions Disqualification for Past Performance Drawings 63 5 35 25 E Emergency Contracts Employees/Subcontractors/Agents Equivalent or Identical Bids Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 43 55 33 42 3 19 13 F Facsimile Submissions Freedom of Information Law 9 16 I Indemnification Indemnification Relating to Third Party Rights Independent Contractor Installation Insurance Interest on Late Payments International Bidding 74 75 68 52 77 64 6 L Late Bids Legal Compliance Limitation of Liability 11 73 76 New York State Office of General Services, as part of its responsibility, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.

Appears in 1 contract

Sources: Centralized Contract for the Acquisition of Systems & Peripherals Hardware and Software

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General~~ Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 GROUP 72006 Emergency Standby Services (Emergency Management & Homeland Security Services~~, as part of its responsibility, recognizes the need to promote the employment of minority group members~~ ) Appendix C: Emergency Management Homeland Security Services Documents: Number 1 Contractor Information and ~~women and to ensure that certified minority and women~~Price Guide Contractor Name/Address: Contract Administration: Primary Contact Alternate Contact Name: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Phone: ▇▇▇-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women▇▇▇-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women▇▇▇▇ ▇▇▇-~~Owned Business Enterprises~~▇▇▇-▇▇▇▇ Fax: ~~Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women~~▇▇▇-~~owned business enterprises in state procurement contracting versus the number of minority and women~~▇▇▇-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women▇▇▇▇ ▇▇▇-owned business enterprises program. By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated work force to be utilized on the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report (Form EEO 101) identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11% for Minority▇▇▇-~~owned Business Enterprises (MBE) participation and 9% for Women~~▇▇▇▇ E-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed atmail: ▇▇▇▇~~://~~▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ Customer Service/Order Placement: Primary Contact Alternate Contact Name: ▇/MWBE.html. For guidance on how OGS will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Phone: (1▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ 24 Hour Emergency Contact:(No less than one designated individual) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description of the Contract scope of work that the Contractor intends to structure to meet the goals on the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt. C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, Primary Contact Alternate Contact Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ Contract Pricing: See adjacent workbook sheets Contractor’s Website: ▇▇▇.▇▇▇▇▇▇.▇▇▇ Federal ID No.: ▇▇-▇▇▇▇▇▇▇ NYS Vendor ID No.: ▇▇▇▇▇▇▇▇▇▇ Payment/Order Placement Address: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ~~▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone~~NYS P Card Acceptance: No Minimum Orders: N/A Delivery Time: N/A Payment Terms: in accordance with the State of Rhode Island Contract Shipping Destination: Freight on Board (~~▇▇▇~~FOB) ~~▇▇▇-▇▇▇▇ Fax~~Destination Freight: ~~(▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.~~Prepaid and Included Contractor Information

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Sources: Piggyback Contract

SOURCE CODE ESCROW FOR LICENSED PRODUCT. If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product. A No. Additional Warranties 72 Advertising Results 20 Applicability 1 Assignment 56 Assignment of Claim 66 Audit of Licensed Product Usage 80 Authentication of Facsimile Bids 10 B Bid Contents 12 Bid Evaluation 29 Bid Opening 7 Bid Submission ~~12 29 7~~ 8 C Changes to Product or Service Offerings 84 Clarification/Revisions 31 Confidential/Trade Secret Materials 14 Conflict of Terms 4 Conditional Bid 30 Contract ▇▇▇▇▇▇▇▇ 62 Contract Creation/Execution 38 Contract Term - Renewal 71 Cooperation with Third Parties 70 D Default - Authorized User 63 Definitions 5 Disqualification for Past Performance 35 Drawings ~~63 5 35~~ 25 E Emergency Contracts 43 Employees/Subcontractors/Agents 55 Equivalent or Identical Bids 33 Estimated/Specific Quantity Contracts 42 Ethics Compliance 3 Expenses Prior to Contract Execution 19 Extraneous Terms ~~43 55 33 42 3 19~~ 13 F Facsimile Submissions 9 Freedom of Information Law 9 16 G Governing Law 2 I Indemnification 74 Indemnification Relating to Third Party Rights 75 Independent Contractor 68 Installation 52 Insurance 77 Interest on Late Payments 64 International Bidding ~~74 75 68 52 77 64~~ 6 L Late Bids 11 Legal Compliance 73 Limitation of Liability ~~11 73~~ 76 ~~New York State Office~~ M No. Modification of ~~General Services~~Contract Terms 40 N No Hardstop/Passive License Monitoring 85 O On-Site Storage 54 Ownership/Title to Project Deliverables 81 P Participation in Centralized Contracts 39 Performance and Responsibility Qualifications 34 Performance/Bid Bond 58 Prevailing Wage Rates Public Works & Building Services Contracts 17 Pricing 24 Procurement Card 27 Product Acceptance 79 Product Delivery 45 Product References 21 Product Substitution 50 Product Version 83 Products Manufactured in Public Institutions 23 Prompt Payment Discounts 32 Proof of License 82 Purchase Orders 44 Q Quantity Changes Prior to Award 36 R Rejected Product 51 Release of Bid Evaluation Materials 15 Re-Weighing Product 49 Remanufactured, ~~as part~~ Recycled, Recyclable or Recovered Materials 22 Remedies for Breach 65 Repaired or Replaced Product/Components ▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇ 61 Scope Changes 41 Security 69 Site Inspection 26 Shipping/Receipt of ~~its responsibility~~Product 47 Software License Grant 78 Source Code Escrow for Licensed Product 86 Subcontractors and Suppliers 57 Suspension of Work 59 T Taxes 18 Termination 60 Timeframe for Offers 37 Title and Risk of Loss 48 Toxic Substances 67 W Weekend and Holiday Deliveries 46 I, recognizes the need to promote the employment of minority group members and women and to ensure that certified minority and women-owned business enterprises have opportunities for maximum feasible participation in the performance of OGS contracts. In 2006, the of (title) of Ascent Aviation Group, Inc. (Contractor) agree Ascent Aviation Group, Inc. (Contractor) has adopted the following policies with respect to Contract Number PC66171. Contractor will make good faith efforts to achieve the (a) Contractor will not discriminate M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps: 1) Actively and affirmatively soliciting bids for subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWBE contractor associations. 2) Request a list of ~~New York commissioned~~ State-certified MWBEs from OGS and solicit bids from them directly. 3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. 4) Where feasible, divide the work into smaller portions to enhanced participations by MWBEs and encourage the formation of joint venture and other partnerships among MWBE contractors to enhance their participation. 5) Document and maintain records of bid solicitation, including those to MWBEs and the results thereof. 6) Ensure that progress payments to M/WBEs are made on a ~~disparity study~~ timely basis so that undue financial hardship is avoided and provide appropriate support, including waiving bonding and other credit requirements where permissible, to ~~evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting~~encourage MWBE participation. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“the Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. By submission of a bid or proposal in response Agreed to this ~~solicitation~~day of , ~~the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities~~ 2013 By Print: Title: against any employee or applicant for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment ~~opportunities without discrimination~~ because of race, creed, color, national origin, sex, age, disability or marital status~~. For these purposes~~, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal ~~opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination~~employment opportunities without discrimination, and ~~rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated~~ shall make and document its conscientious and active efforts to ~~this contract; or (ii) employment outside New York State. Contractor further agrees to submit with the bid a staffing plan (Form EEO 100) identifying the anticipated~~ employ and utilize minority group members and women in its work force ~~to be utilized~~ on ~~the Contract and if awarded a contract, will, upon request, submit to OGS a workforce utilization report~~ state contracts. (~~Form EEO 101~~b) ~~identifying the work force actually utilized on the Contract if known. For purposes of this procurement, OGS hereby establishes a goal of 11%~~ Contractor shall state in all solicitation or advertisements for Minority-owned Business Enterprises (MBE) participation and 9% for Women-owned Business Enterprises (WBE) participation (collectively referred to as MWBE), for a total contract MWBE goal of 20%. A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers employees that in the performance of ~~this Contract and Contractor agrees that OGS may withhold payment pending receipt~~ the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the ~~required MWBE documentation. The directory~~ contracting agency, Contractor shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of ~~New York State Certified MWBEs can be viewed at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/MWBE.html. For guidance on how OGS~~ race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will ~~determine a~~ affirmatively cooperate in the implementation of Contractor’s ~~“good faith efforts,” refer to 5 NYCRR §142.8. In accordance with 5 NYCRR §142.13, Offeror/~~obligations herein. (d) Contractor ~~acknowledges that if it is found to have willfully and intentionally failed to~~ shall comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a bid or proposal, Offeror/Contractor agrees to submit the following documents and information as evidence of compliance with the foregoing: A. Offeror is required to submit a Utilization Plan on Form MWBE 100 with their bid or proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the State contract and a description provisions of the ~~Contract scope~~ Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of ~~work~~ race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. (e) Contractor will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the ~~Contractor intends~~ requirements of the subdivisions will be binding upon each subcontractor as to ~~structure to meet the goals on~~ work in connection with the State contract, and the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract that the Contractor intends to be performed by a NYS Certified minority- or woman-owned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the Contract must be reported on a revised M/WBE Utilization Plan and submitted to OGS. ~~B. OGS will review the submitted MWBE Utilization Plan and advise the Offeror of OGS acceptance or issue a notice of deficiency within 20 days of receipt.~~1 1 2 (0.0015%) Region 1 NOCO Niagara $3.2998 ~~C. If a notice of deficiency is issued, Offeror agrees that it shall respond to the notice of deficiency within seven~~ 2 1 2 (70.0015%) ~~business days of receipt by submitting to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇~~Region 2 Tra-▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ $3.2673 $3.1749 2 1 2 (0.0015%) Region 2 Tra-▇▇▇ ▇▇▇▇▇▇ $3.2673 $3.1749 2 1 2 (0.0015%) Region 2 Tra-Lin Ontario $3.2673 2 1 2 (0.0015%) Region 2 Tra-Lin Orleans $3.2673 2 1 2 (0.0015%) Region 2 Tra-▇▇▇ ▇▇▇▇▇ $3.2673 2 1 2 (0.0015%) Region 2 Tra-Lin Wyoming 4 1 2 (0.0015%) Region 4 ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (518) ▇▇▇- ▇▇▇▇], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form MWBE101/BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a MWBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency; c) If an Offeror fails to submit a request for waiver; or d) If OGS determines that the Offeror has failed to document good faith efforts. An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver on form MWBE 101/BDC 333, at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses B-D above, will apply. A Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. A Contractor is required to submit a Contractor’s Monthly Compliance & Payment Report on Form MWBE 102 to the OGS Office of Minority and Women-Owned Enterprises, [35th Floor, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇], by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.Cayuga $3.2772 $3.1291

Appears in 1 contract

Common use of SOURCE CODE ESCROW FOR LICENSED PRODUCT Clause in Contracts