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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A calendar days after service hereunder is complete in which to NYS Department of Economic Development respond. Division of Minority and Women’s Business Development 633 Third Avenue 33rd Floor 18. PROHIBITION ON PURCHASE OF TROPICAL New York, NY 10017 HARDWOODS. The Contractor certifies and warrants that all 646-846-7364 wood products to be used under this contract award will be in email: [email protected] accordance with, but not limited to, the specifications and https://ny.newnycontracts.com/FrontEnd/searchcertifieddir provisions of Section 165 of the State Finance Law, (Use of ectory.asp Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State The Omnibus Procurement Act of 1992 (Chapter 844 of the or any governmental agency or political subdivision or public Laws of 1992, codified in State Finance Law § 139-i and Public benefit corporation. Qualification for an exemption under this Authorities Law § 2879(3)(n)–(p)) requires that by signing this law will be the responsibility of the contractor to establish to bid proposal or contract, as applicable, Contractors certify that meet with the approval of the State. whenever the total bid amount is greater than $1 million: In addition, when any portion of this contract involving the use (a) The Contractor has made reasonable efforts to encourage of woods, whether supply or installation, is to be performed by the participation of New York State Business Enterprises as any subcontractor, the prime Contractor will indicate and suppliers and subcontractors, including certified minority- and certify in the submitted bid proposal that the subcontractor has women-owned business enterprises, on this project, and has been informed and is in compliance with specifications and retained the documentation of these efforts to be provided upon provisions regarding use of tropical hardwoods as detailed in request to the State; § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered (b) The Contractor has complied with the Federal Equal responsive. Under bidder certifications, proof of qualification Opportunity Act of 1972 (P.L. 92-261), as amended; for exemption will be the responsibility of the Contractor to meet with the approval of the State. (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In opportunities on this project through listing any such positions accordance with the MacBride Fair Employment Principles with the Job Service Division of the New York State (Chapter 807 of the Laws of 1992), the Contractor hereby Department of Labor, or providing such notification in such stipulates that the Contractor either (a) has no business manner as is consistent with existing collective bargaining operations in Northern Ireland, or (b) shall take lawful steps in contracts or agreements. The Contractor agrees to document good faith to conduct any business operations in Northern these efforts and to provide said documentation to the State Ireland in accordance with the MacBride Fair Employment upon request; and Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of (d) The Contractor acknowledges notice that the State may seek compliance with such principles. to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the 21. RECIPROCITY AND SANCTIONS PROVISIONS. participation of New York State business enterprises, including Bidders are hereby notified that if their principal place of minority- and women-owned business enterprises as bidders, business is located in a country, nation, province, state or subcontractors and suppliers on its procurement contracts. political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially Information on the availability of New York State produced or performed outside New York State, the Omnibus subcontractors and suppliers is available from: Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively, codified in State Finance Law NYS Department of Economic Development § 165(6) and Public Authorities Law § 2879(5)) require that Division for Small Business and Technology Development they be denied contracts which they would otherwise obtain. 625 Broadway NOTE: As of May 2023, the list of discriminatory jurisdictions Albany, New York 12245 subject to this provision includes the states of South Carolina, Telephone: 518-292-5100 Alaska, West Virginia, Wyoming, Louisiana and Hawaii. A directory of certified minority- and women-owned business 22. COMPLIANCE WITH BREACH NOTIFICATION enterprises is available from: AND DATA SECURITY LAWS. Contractor shall comply with the provisions of the New York State Information Security Contract Number: # Page 6 of 7, Contract for Grants - Appendix A June 2023