Text · page 28 of 67
Read the whole document on one page (all 67 pages, each with its own heading)
STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A Breach and Notification Act (General Business Law §§ 899-aa Finance Law § 165-a that it is not on the “Entities Determined and 899-bb and State Technology Law § 208). to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities 23. COMPLIANCE WITH CONSULTANT List”) posted at: https://ogs.ny.gov/iran-divestment-act-2012 DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include Contractor further certifies that it will not utilize on this analysis, evaluation, research, training, data processing, Contract any subcontractor that is identified on the Prohibited computer programming, engineering, environmental, health, Entities List. Contractor agrees that should it seek to renew or and mental health services, accounting, auditing, paralegal, extend this Contract, it must provide the same certification at legal or similar services, then, in accordance with Section 163 the time the Contract is renewed or extended. Contractor also (4)(g) of the State Finance Law (as amended by Chapter 10 of agrees that any proposed Assignee of this Contract will be the Laws of 2006), the Contractor shall timely, accurately and required to certify that it is not on the Prohibited Entities List properly comply with the requirement to submit an annual before the contract assignment will be approved by the State. employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State During the term of the Contract, should the state agency receive Comptroller. information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, 24. PROCUREMENT LOBBYING. To the extent this the state agency will review such information and offer the agreement is a “procurement contract” as defined by State person an opportunity to respond. If the person fails to Finance Law §§ 139-j and 139-k, by signing this agreement the demonstrate that it has ceased its engagement in the investment contractor certifies and affirms that all disclosures made in activity which is in violation of the Act within 90 days after the accordance with State Finance Law §§ 139-j and 139-k are determination of such violation, then the state agency shall take complete, true and accurate. In the event such certification is such action as may be appropriate and provided for by law, rule, found to be intentionally false or intentionally incomplete, the or contract, including, but not limited to, imposing sanctions, State may terminate the agreement by providing written seeking compliance, recovering damages, or declaring the notification to the Contractor in accordance with the terms of Contractor in default. the agreement. The state agency reserves the right to reject any bid, request for 25. CERTIFICATION OF REGISTRATION TO assignment, renewal or extension for an entity that appears on COLLECT SALES AND COMPENSATING USE TAX BY the Prohibited Entities List prior to the award, assignment, CERTAIN STATE CONTRACTORS, AFFILIATES AND renewal or extension of a contract, and to pursue a SUBCONTRACTORS. responsibility review with respect to any entity that is awarded To the extent this agreement is a contract as defined by Tax Law a contract and appears on the Prohibited Entities list after § 5-a, if the contractor fails to make the certification required contract award. by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as 27. ADMISSIBILITY OF REPRODUCTION OF defined by Tax Law § 5-a, discovers that the certification, made CONTRACT. Notwithstanding the best evidence rule or any under penalty of perjury, is false, then such failure to file or other legal principle or rule of evidence to the contrary, the false certification shall be a material breach of this contract and Contractor acknowledges and agrees that it waives any and all this contract may be terminated, by providing written objections to the admissibility into evidence at any court notification to the Contractor in accordance with the terms of proceeding or to the use at any examination before trial of an the agreement, if the covered agency determines that such electronic reproduction of this contract, in the form approved action is in the best interest of the State. by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in 26. IRAN DIVESTMENT ACT. By entering into this existence. Agreement, Contractor certifies in accordance with State Contract Number: # Page 7 of 7, Contract for Grants - Appendix A June 2023