7360022876AppendixC.docx

Office of General Services Procurement Services Group 73600 - Award 22876 Information Technology Umbrella Contract – Distributor Based (Statewide) Appendix C - Contract Modification Procedure

Appendix C - Contract Modification Procedure

The following guidelines are subject to change at the discretion of OGS. There are two types of Contract Modifications, Updates and Amendments. Contract Updates are changes to the Contract that do not require any change to the existing Contract terms and conditions. Contract Amendments are changes that are not specifically covered by the existing terms and conditions of the OGS Centralized Contract, but inclusion of the changes are found to be in the best interest of the State. Contract Amendments require a formally executed document by mutual agreement of the Parties, to be provided to the Contractor by the OGS Contract Administrator, after submission and approval of the Contract Modification Form. The addition of a new Lot is an example of a Contract Amendment.

TYPES OF CONTRACT MODIFICATIONS

In order to expedite processing of a Contract Modification, where proposed changes involve more than one category noted below, each change shall be submitted to OGS as a separate request.

UPDATES

“Updates” are changes that do not require a change to the established Contract terms and conditions.

“Simple Updates” are changes that do not impact the pricing methodology established within the Contract terms and conditions. Simple Updates may include:

· Lowering pricing of Products or services already on Contract.

· Changes to Contractor contact information.

Simple Updates must be submitted to OGS and will take effect upon approval by OGS.

AMENDMENTS

“Amendments” are changes that are not specifically covered by the terms and conditions of the Contract but inclusion is found to be in the best interest of the State. Amendments may include:

· Requests to change contractual terms and conditions.

Contractor must provide a written justification and a statement explaining why it is in the best interest of the State to approve the requested amendment. Amendments typically require negotiation between OGS and the Contractor. OGS will work directly with the Contractor to obtain the required documentation for each requested Amendment and notify Contractor in writing if approved.

CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS

In connection with any Contract Modification, OGS reserves the right to:

· Request additional information;

· Reject Contract Modifications;

SUBMITTAL OF MODIFICATION REQUESTS

A Contract Modification request must be accompanied by a completed Contract Modification Form. Contractor should fully describe the nature and purpose of the requested Contract Modification (e.g., Update requested in order to reflect a recently approved GSA schedule, to restructure the price level to its customers generally. The Contract Modification request must also include justification for the requested change(s). The Contract Modification Form must contain original signatures by an individual authorized to sign on behalf of Contractor and must be notarized.

Contract Modification Form

NOTE: Submission of this form does not constitute acceptance by the State of New York until approved by the appropriate New York State representative(s).

INSTRUCTIONS:

1. This form is to be used for all Contract Modifications. Any submission that is not completed and signed will be rejected.

2. The form is to be completed in full, signed and submitted to OGS for approval at:

State of New York Office of General Services Procurement Services Corning Tower – 38th Floor Empire State Plaza Albany, New York 12242

3. If more than one type of Contract Modification is being requested, each type should be submitted as a separate request.

Indicate Which Lot Modification Request is For

|_| Lot 1 Software |_| Lot 2 Hardware

|_| Simple Update

|_| Change in pricing level resulting in decreased NYS pricing |_| Contact Information Change

Description and Purpose of Contract Modification

Describe the nature and purpose of the Contract Modification, including necessity for Contract Modification. If applicable, please explain how pricing has been structured to customers.

The following ACKNOWLEDGEMENT statement must be signed by an individual authorized to sign on behalf of Contractor for the modification being requested in this Contract Modification document. The authorized vendor representative’s signature must be notarized.

Signature of Authorized Vendor Representative

ACKNOWLEDGEMENT

STATE OF }: ss.:

COUNTY OF }

On the _____day of __________________in the year 20____, before me personally came: _______________________, to me known, who, being by me duly sworn, did depose and say that _he maintains a business in _______________; that _he is the __________________________ of _____________________________________________________, the corporation/ partnership/ Limited Liability Company described in the above instrument; that, _he is authorized to execute the foregoing instrument on behalf of the corporation/ partnership/ Limited Liability Company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation/ partnership/ Limited Liability Company as the act and deed of said corporation/ partnership/ Limited Liability Company.

Notary Public