Institutional Services |Purchasing and Contracts |State Funded Purchasing | Vendor Terms and Conditions
Vendor Terms and Conditions
NOTICE TO VENDORSAll purchase orders from New York State agencies are exempt from certain Federal taxes and New York State local sales taxes pursuant to Article 28 and 29 of the New York State Tax Law.
All such purchase orders must be accepted in lieu of tax exemption certificates, the vendor retaining a copy to prove that the sale was exempt. Do not include taxes from which the State is exempt when submitting invoices.
All invoices or New York standard vouchers submitted for payment must include a Payee Identification Number. That number is defined as either a Federal Employer Identification Number or Social Security Number. Failure to include this number may delay your payment.
PAYMENT TO CONTRACTORS: The Contractor shall provide complete and accurate billing invoices to the University in order to receive payment for its services. Billing invoices submitted to the University must contain all information and supporting documentation required by the University and the Office of the State Comptroller (OSC). Payments for invoices submitted by the Contractor shall only be rendered electronically. Such electronic payment shall be made in accordance with ordinary New York State procedures and practices. The Contractor shall comply with OSC procedures to authorize electronic payments. In order to receive payment from the State, Contractor is required to complete and submit to OSC either an Electronic Payment Authorization Form for Individuals or an Electronic Payment Authorization Form for Government Entities, Vendors, and Not-for-Profits.The Contractor acknowledges that it will not receive payment on any invoices submitted under this contract if it does not comply with OSC's electronic payment procedures.
SUMMARY OF PROMPT PAYMENT PROVISIONS: Section 179 of the State Finance Law requires New York State to pay vendors in a manner consistent with accepted business practices. Specifically, the law requires that when vendors are not paid within 30 calendar days (excluding legal holidays) after delivering acceptable goods/services and a proper invoice, interest will begin to accrue. Interest will be calculated using the "overpayment rate" set by the Commissioner of Taxation and Finance. Interest will only be paid when it exceeds $10 per invoice and when payment is made directly by the State rather than through an intermediary organization such as the Trustee for Certificates of Participation, issued pursuant to Article 5-A of the State Finance Law.
PRIVACY NOTIFICATION: The authority to request personal information from you including identifying numbers such as Federal social security and Federal employer identifying numbers, and the authority to maintain such information is found in Section 5 of the Tax Law. Disclosure of this information by you is mandatory. The principal purpose for collecting the information is to enable the Department of Taxation and Finance to identify individuals, businesses and other entities affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by the Tax Law.
The personal information is requested by the Purchasing Unit of the agency issuing the purchase order. The information is maintained in New York State's Central Accounting System by the Director of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236.
New York State is an Equal Opportunity/Affirmative Action Employer.
- Delivered goods must be identical to samples furnished with proposals.
- Duplicate invoices with shipping receipts attached must be sent to the "Bill To" address shown on the front of this copy.
- New York State is not liable for overshipments, which will be returned at the vendor's expense.
TERMS AND CONDITIONS
The following terms and conditions and any specifications, drawings, and additional terms and conditions which may be incorporated by reference or appended thereto are part of this purchase order. By accepting the order or any part thereof, the Contractor agrees to and accepts all terms and conditions.
1. The cash discount period available to University shall commence on the date of the receipt of acceptable merchandise or on the date receipt of the invoice, whichever may be the later.
2. In the event of Contractor's failure to deliver as and when specified, University reserves the right to cancel this order or any part thereof without prejudice to its' other rights, and Contractor agrees that University may return part or all of any shipment so made and may charge Contractor with any loss or expense sustained as result of such failure to deliver.
Additionally, any order placed by the University may be canceled for convenience at any time by the University upon (30) thirty-calendar day's written notice without penalty or other early termination charges. In the event that an order is canceled either for cause or for convenience, Contractor shall be entitled to payment for authorized services rendered and materials provided prior to the termination date, and subject to offsets, if any, for claims by University against the Contractor. In no event shall the University be liable for lost profits; incidental, consequential or special damages based upon the exercise of the University's cancellation rights.
This provision should not be understood as waiving the University's right to terminate the contract or stop work immediately for unsatisfactory work, but is supplementary to that provision. Should the contractor fail to perform as required, the University reserves the right to award the contract to another vendor and as a result should additional costs be incurred the original Contractor will be liable for these additional costs.
3. In the event any article sold and delivered hereunder shall be covered by any patent, copyright, or application therefore, Contractor will indemnify and save harmless the University from any and all loss, cost, or expense on account of any and all claims, suits, or judgments on account of the use or sale of such article in violation of rights under such patent, copyright, or application.
4. Contractor guarantees that the design and performance of all items being purchased conform to the requirements of applicable insurance and government health and safety regulations, including regulations administered by Occupational Safety and Health Administration and Environmental Protection Agency.
5. Contractor agrees not to use the name of the University or to quote the opinion of any University's employees in any advertising without obtaining the prior written consent of the University.
6. University may at any time insist upon strict compliance with these terms and conditions not withstanding any previous custom, practice, or course of dealing to the contrary.
7. Contractor agrees to indemnify, defend and hold harmless University, its' trustees, officers, agents and employees, of, from and against any and all claims and demands which may arise in any way out of the furnishing of goods or services hereunder, including, without limitation, claims and negligent or willful act of the University, its' officers, agents or employees.
8. It is the policy of the University to give favorable consideration to those suppliers who do not discriminate against any employee or applicant for employment because of race, creed, color, or national origin.
9. New York State Exhibit A (021114) (Standard Contract Clauses), Exhibit A-1 (011413) (Affirmative Action Clauses), Exhibit S (Security, Non-Disclosure and Confidentiality) and Exhibit Z (Health Insurance Portability and Accountability Act Requirements) are hereinafter considered part of this purchase order, as if fully incorporated herein. Contractor signifies acceptance of the terms and conditions set forth in Exhibit A, Exhibit A-1, Exhibit S and Exhibit Z by delivery of the goods and/or services or by acceptance of payment. A copy of Exhibit A, Exhibit A-1, Exhibit S and Exhibit Z may be obtained from the University. (The exhibits are in PDF format and require the free Adobe Acrobat Reader to be viewed.
10. Section 163 of the NYS Finance Law requires that all contract awards be made only to responsive and responsible vendors. In order to determine responsibility, responders to any solicitation are required to complete a Vendor Responsibility Questionnaire, and to certify that all information is true and accurate.
Prior to completing the Vendor Responsibility Questionnaire, a New York State Vendor Identification Number must be obtained by either calling the New York State Office of the State Comptroller at 866-370-4672 or by e-mailing them at firstname.lastname@example.org.
Failure to complete this questionnaire in either hard copy or on-line at New York State Office of the State Comptroller Online Services web page and to respond to requests for additional information may disqualify the vendor from evaluation. A positive responsibility finding must be present for a contract to be awarded. A finding of non-responsibility will result in the rejection of a vendor proposal, or the termination of a contract.
11. State Finance Law 139-j and 139-k, includes and imposes certain restrictions on communications between the University at Albany and an offerer during the procurement process. Other than to designated staff, an offerer is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement contract by the University at Albany and, if applicable, Office of the State Comptroller ("restricted period"), unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law 139-j (3) (a).
Designated staff is identified on the first page of solicitations and/or as a signatory of a purchase order. University at Albany faculty and staff are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the offerer pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period; the offerer is debarred from obtaining governmental procurement contracts. For further information on procurement lobbying requirements please visit the Advisory Council on Procurement Lobbying of the Office of General Services.
12. The New York State Tax Law requires that, for transactions meeting certain criteria, each Contractor who wishes to do business with state agencies must certify that it is registered with the Tax Department for the purpose of collection and remittance of sales and use taxes. The New York State Tax Department provides a Question and Answer booklet concerning Tax Law Section 5-a.
13. It is the policy of the University at Albany, SUNY that utilization of preferred sources occur whenever possible. In accordance with State Finance Law and Corrections Law, the University is required to make purchases of commodities and services from preferred sources. Preferred sources must be considered whenever purchases of commodities or services are required.
14. It is the policy of the University at Albany, SUNY to take affirmative action to ensure that minority and women owned business enterprises are given the opportunity to demonstrate their ability to provide the University with commodities, services and printing at competitive prices.
15. Federal Executive Order 13496 requires Contractors to comply with 29 CFR Part 471, Appendix A to subpart A on all purchase orders with a value of $10,000 and which are funded from a federal contract with a value of more than $100,000. This compliance is required on any sub-tier entity meeting the prescribed eligibility/threshold requirements.
16. New York State Environmental Conservation Law (ECL) section 19-0323 requires Contractors to certify and warrant that all heavy duty vehicles, as defined in ECL section 19-0323, to be used by the Contractor, its Agents or Subcontractors under this purchase order, comply with the specifications and provisions of ECL section 19-0323 and any regulations promulgated pursuant thereto.
Contractor shall with first payment request submit Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report Form to the project contact at the University.
In addition, annually, but no later than March 1st, Contractor shall complete and submit directly to the University's Office of Environmental Health and Safety via electronic mail (ECall@albany.edu), the Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report Form at the DEC website for heavy duty vehicles used in the performance of this purchase order for the preceding calendar year.
17. If this purchase order is marked as "E-Verify", it is subject to E-Verify regulation (48 C.F.R. 52.222-54). Contractors who are not sole proprietorships must register or designate an agent ("Designated Agent") within 30 calendar days of the earlier of the date that work begins or date of receipt of contract/purchase order to with E-Verify at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES. Contractors who are sole proprietorships, which are defined as businesses having no employees, day laborers, borrowed employees, part-time employees, unpaid volunteers (including family members) or subcontractors, are not subject to E-Verify. All personnel assigned to work on the items on this purchase order are required to be reviewed for their eligibility to work in the United States. Within 31 calendar days of the earlier of the date that work begins or date of receipt of contract/purchase order, the Contractor or its Designated Agent must provide the University with a copy of its E-Verify Maintain Company page and the E-Verify Company ID Number. The failure to provide either your or your Designated Agent’s Maintain Company page or E-Verify Company ID within 31 calendar days of the earlier of the date that work begins or date of receipt of contract/purchase order will result in a notice of stoppage of work and a suspension of payments. Throughout the term and duration of the contract, the Contractor must follow all rules and regulations relating to E-Verify to ascertain the eligibility of your employees maintain and keep current all requirements necessary for access to the E-Verify system.
18. The Contractor certifies that it and any of its subcontractors are not on the "Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012" list ("Prohibited Entities List") posted on the OGS website.
During the term of the Contract, should the University receive information that a person (as defined in State Finance Law §165-a) is in violation of the certification(s), the University will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the University shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default. Additionally, Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must again certify at the time the Contract is renewed or extended. The University reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract.
19. General Specifications